Chapter 2: The Changing Legal Emphasis

Question 1

Employers Right

Answer 1

to modify employees work terms according to legitimate business needs

Question 2

Employees Right

Answer 2

to be protected from harmful business practices

Question 3

Government’s Role

Answer 3

to balance the employee and employer needs through development and maintenance of employment legislation

Question 4

Precedent

Answer 4

how decision or interpretations of a court or another jurisdiction or comparable case can act as a persuasive authority regarding how legislation is to be interpreted and applied in other jurisdiction or case

Question 5

Hierarchy of Employment Legislation in Canada

Answer 5

1. charter of rights and freedoms
2. human rights legislation
3. employment standards legislation
4. ordinary laws
5. collective bargaining agreements
6. employment contract

Question 6

Tort Law

Answer 6

primarily judge-based law, whereby a victim is provided compensation for losses or damages in civil court

Question 7

Regulations

Answer 7

legally binding rules established by special regulatory bodies to enforce compliance with law and its interpretation

Question 8

Two Opposing Interpretations of Canadian Legislation

Answer 8

1. employees chose to view regulations as a statutory floor and expect to receive higher than the minimum requirements
2. employers view regulations as a ceiling and give the minimums requirements

Question 9

Six Factors to Consider when determining if the relation is an employer-employee relationship

Answer 9

1. control
2. tools for equipment
3. subcontracting
4. financial risk
5. investment and management
6. opportunity for profit

Question 10

Intentional Discrimination

Answer 10

no individual or groups may be treated differently in any aspect of terms and conditions of employment based on any of the prohibited groups

Question 11

Unintentional Discrimination

Answer 11

Typically embedded in policies and practices that appear neutral on the surface and are implemented impartially but have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operations of business

Question 12

Bona Fide Occupational Requirements (BFOR)

Answer 12

employers are permitted to discriminate if employment requirements are based on justifiable reasons
(Ex. a blind person cannot be employed as a truck driver)

Question 13

3 Criteria to assess if discrimination qualifies as BFOR

Answer 13

1. Question of Rational
2. Question of Good Faith
3. Question of Reasonable Necessity

Question 14

Reasonable Accommodation

Answer 14

employers are required to adjust employment policies so that no individual is prevented from doing their job on the basis of prohibited grounds for discrimination to the point of undue hardship

Question 15

Undue Hardship

Answer 15

the financial cost of the accommodation or health and safety risk to the individual or other employees would make accommodation too difficult for the employer

Question 16

Systematic Remedies

Answer 16

requires the respondent to take positive steps to ensure compliance with legislation, both in respect to the current complaint and with respect to any future practises

Question 17

Restitutional Remedies

Answer 17

monetary compensation for complainants to put them back to the position they would be in if the discrimination had not occurred

Question 18

Sexual Harassment

Answer 18

offensive behaviour that is related to a person’s sex, as well as behaviour of sexual nature that creates an intimidating, unwelcoming, hostile, or offensive work environment

Question 19

Sexual Coercion

Answer 19

sexual harassment that results in gain or loss of tangible job benefits

Question 20

Sexual Annoyance

Answer 20

sexual harassment that has no direct link to tangible job benefits or loss

Question 21

Employment Equity Programs

Answer 21

designed to achieve a balanced representation of members of the 4 designated groups in the organization

Question 22

Glass Ceiling

Answer 22

an “invisible” barrier caused by organizational bias that limits the advancement opportunities of qualified designated group members

Question 23

Equal Pay for Equal Work

Answer 23

specifies that an employer cannot pay male and female employees differently if they are performing the same or similar work

Question 24

Employment Standards Legislation

Answer 24

laws presented in every Canadian jurisdiction that establish minimum terms and conditions for workplaces

Question 25

Charter of Rights and Freedom

Answer 25

federal law enacted in 1982 that guarantees fundamental freedoms for all Canadians