chapter 2 flashcards
what is the governments role in balancing Employer and Employee needs?
the governments’ role is to balance employee and employer needs through the development and maintenance of employment legislation
what is discrimination ?
a distinction, exclusion, or preference, based on one of the prohibited grounds, that has the effect of nullifying or imparing the right of a person to full and equal recognition of exercise of his or her human rights and freedoms
can either be intention or unintentional
what is the 3 step criteria used to asses if the discrimination qualifies as BFOR?
- Question of Rationale: was the policy or procedure that resulted in the discrimination based on legitimate, work related purpose?
- Question of Good Faith: did the decision makers or other agents of the organization honestly believe that the requirement was necessary to fulfill the requirements of the role?
- Question of Reasonable Necessity: was it impossible to accommodate those who have been discriminated against without imposing undue hardship on the employer
what is disability?
a protected ground in human rights legislation, including a wide range of conditions, some which are visible or not. a disability may be present form birth, be caused by an accident, or develop over time
how is disability handled by the jurisdiction?
basis determined by courts :
- differential treatment
- race, colour, age, ethnicity, sex, pregnancy, gender orientation (protected by legislation)
what is Harassment?
unwelcome behaviour that demeans, humiliates or embarrasses a person that a reasonable person should have known would be unwelcome
what is Sexual Harassment?
offensive or humiliating behaviour that is related to a person’s sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment or that could reasonably be thought to put sexual conditions a person’s job or employment opportunities
what is the difference between sexual coercion and sexual annoyance?
- Sexual Coercion: harassment of a sexual nature that results in some direct consequence to the worker’s employment status or some gain in or loss of tangible job benefits
- Sexual Annoyance: sexually related conduct that is hostile, intimidating, or offensive, to the employee but has no direct link to the tangible or loss thereof.
what are the multiple layers of the Canadian Legislation?
Affects the general Population
- Canadian Charter of Rights and Freedoms : basic rights guaranteed to all persons residing in Canada
- Human Rights Legislation: protection from discrimination in employment relationships and the delivery of goods and services
- Employment Standards Legislation: establishes minimum terms and conditions of the employment relationship within each jurisdiction
- Ordinary Laws: protection under context or content specific laws affecting workplaces
- Collective Bargaining Agreement: a legally binding agreement establishing minimum terms and conditions of employment affecting unionized positions
- Employment Contract: a contract between an individual employee and their employer regarding specified employment conditions in specific roles
Affects Specific Employees or Conditions
what is the Employment Labour Standards Legislation?
laws present in every Canadian province that establish minimum employee entitlements and set a limit on the maximum number of hours of work permitted per day a week
their are federal and provincial versions
what are some examples of Employment Standards Act?
- wages, overtime pay
- paid holidays and vacations
- maternity/paternity leave
- bereavement/compassionbate care leave
- termination notice
what is the process of enforcement of Employment Standards Act?
- complaints filed with ministry of labour or counterpart
- filed complaints is settled through the ministry, not civil court
- limitation periods for filing
- maximum claim limit for unpaid wages
what is Human Rights Legislation?
it is a legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services
