Chapter 7 - Workplace Legislation Flashcards

1
Q

List 5 aspects of the employee-employer relationship governed by the Employment Standards Act.

A

 Making Employment Standards Act information available to employees.
 Employment record keeping.
 Payment of wages, including minimum wage.
 Hours of work and overtime.
 Vacation time, vacation pay, and public (statutory) holidays.
 Employment exceptions for retail workers.
 Benefit plans.
 Different types of leave including pregnancy leave, parental leave, personal emergency leave, family medical leave, organ donor leave and reservist leave.
 Termination of employment including giving notice, termination pay and severance pay.
 Equal pay for equal work.
 The use of lie detector tests.
 Employment with exemptions or special rules.
 How to file a complaint or a claim under the Employment Standards Act.
 The role of the Ministry of Labour.

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2
Q

What is the purpose of the Labour Relations Act?

A

to regulate the relationship between unions and employers.
Specifically, the Act deals with the process for the certification and decertification of unions, the collective bargaining process, mandatory grievance arbitration, and the process for strikes and lock-outs. The Act also delineates unfair labour practices.

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3
Q

What are five areas of discrimination listed in the Ontario Human Rights Code?

A

race
ancestry
place of origin
colour
ethnic origin
citizenship
creed
sex
sexual orientation
gender identity
gender expression
age
marital status
family status
disability

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4
Q

What is the purpose of the Occupational Health and Safety Act?

A

to set out how employees are to be kept safe in the workplace and what happens when accidents happen.

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5
Q

What is the purpose of the Workplace Safety and Insurance Act?

A

to provide a no-fault system whereby employers pay into a fund on a regular basis and that fund is used to provide compensation and
training to employees and their families who are affected by a workplace accident.

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6
Q

What are the three components to WHIMS?

A
  1. a labeling system for controlled and hazardous materials
  2. materials safety data sheets for each material
  3. training and education for employees in the use of the labelling and the data sheets.
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7
Q

What are the five types of intellectual property?

A
  1. copyright
  2. trademark
  3. patent
  4. industrial design
  5. integrated circuit topography
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8
Q

What are the five types of works that can be copyrighted?

A
  1. literary works
  2. dramatic works
  3. musical works
  4. artistic works
  5. recordings.
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9
Q

List two guidelines that an employer might have for employee internet use.

A

 The employee will use the internet for work purposes only, not personal purposes.
 The employee will not use the internet to generate or receive correspondence or materials that would be construed as fraudulent, illegal, harassing, obscene, indecent, profane or intimidating.
 The employee will not download from the Internet, and/or circulate among others, any programs or accessories not specifically authorized for use.
 The employee understands that his or her [their] internet usage is a matter of public record and that no user is assured anonymity regarding their degree of internet usage and the specific sites visited.

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10
Q

List two guidelines that an employer might have for employee software use.

A

 The employee will comply with any software or other copyright or licensing laws with respect to the software they have access to.
 The employee will not use pirated copyrighted software.
 The employee will not augment the software used with externally generated programs or add-ons that potentially could introduce viruses into the company’s computer environment.

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11
Q

What are three inappropriate uses of social media that may result in the termination of your employment?

A

Posting any of the following on social media:
 Derogatory and harmful comments about colleagues, managers, employers and company products.
 Company confidential and client confidential information.
 Incriminating evidence about employee criminal behavior outside of work.
 Sexually explicit photographs.

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12
Q

What is the key factor when determining whether an employee is legally a whistleblower or illegally a disgruntled employee causing trouble for an employer?

A

The key factor in designating an employee as a whistleblower as opposed to a disgruntled causing trouble is the employee’s motivation for revealing confidential company information. If the employee was motivated by professional and ethical reasons, then it is deemed to be whistleblowing.

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13
Q

List three pieces of legislation or sets of codes that might be related to engineering work.

A

 The Canadian Environmental Protection Act
 The Ontario Environmental Protection Act
 The Ontario Environmental Bill of Rights
 The Ontario Greenbelt Act
 The Ontario Building Code Act
 The Ontario Building Code
 The Ontario Heritage Act
 Ontario Municipal Affairs and Housing
 The Ontario Planning Act
 The National Fire Code of Canada
 The Ontario Electrical Safety Code

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14
Q

What are the three company/management approaches to the environment with respect to engineering work?

A

 A crisis-oriented environmental management - devotes as few resources to environmental concerns as possible, except when necessitated by a crisis or getting cited for breaking environmental standards or legislation.
 A cost-oriented environmental management - in which adhering to environmental regulations is considered a cost of doing business by the company, but nothing more.
 An enlightened environmental management - in which environmental concerns are front and centre of what the company does.

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15
Q

What are a Cost Oblivious Approach and a Cost Benefit Analysis Approach to environmental decision-making?

A

A Cost Oblivious Approach simply disregards cost as a factor in the decision-making process. The decision is made solely based on the environment.

A Cost Benefit Analysis (CBA) resolves conflict problems between the good of reducing environmental impact and other competing ‘social goods’ which make demands on economic and social resources.

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16
Q

What is workplace legislation?

A

An extensive range of laws to govern what happens in the workplace. The majority of the laws pertaining to the workplace are statute law, generated by either the provincial or federal government. Some are municipal by-laws. Different parts of criminal law and contract law also pertain to the workplace.

17
Q

What is covered by the Employment Standards Act, ESA (2000)?

A
  • The primary statute or legislation that governs the relationship between the employer and the employee in Ontario.
  • sets out the rights, responsibilities, and obligations that employees and employers have within a workplace setting
  • Not covered by the ESA are: employment in federal jurisdictions such as airlines, banks, the federal civil service, post offices, radio and television stations, interprovincial railways, the police services, and political, judicial, religious, or trade union positions.
18
Q

What is covered by the Labour Relations Act.

A
  • Companion legislation to The Employment Standards Act
  • administered by the Ontario Ministry of Labour
  • regulates the relationship between unions and employers
19
Q

What is covered by the Ontario Human Rights Code?

A
  • governs the relationship between employers and employees, and also the relationships among employees.
  • in place to ensure that all Ontarian’s have equal rights and opportunities without discrimination in five key Protected Social Areas:
    ● Employment
    ● Accommodations, housing
    ● Contracts
    ● Services, goods, and facilities
    ● Membership in unions, trades, or professional associations
20
Q

What is covered by the Occupational Health and Safety Act?

A
  • one of two sets of legislation that governs how employees are to be kept safe in the workplace and what happens when accidents happen.
21
Q

What is covered by the Workplace Safety and Insurance Act?

A
  • Companion legislation to The Occupational Health and Safety Act
  • in addition to promoting health and safety in the workplace
  • mitigate the effects of workplace accidents and illnesses on employees and their families.
  • provides compensation to employees who are injured in the workplace or to the families of employees killed in the workplace.
  • also covers employees affected by an occupational disease, a chronic and/or terminal condition that results from the employee’s occupation
  • facilitates the return to work or labour market re-entry of injured employees through the provision of retraining or other types of support.
22
Q

What is WHMIS 2015? Why is it important?

A
  • national system for labelling controlled products that can be unsafe if not handled, stored, transported, and disposed of properly.
  • outlines the most recent set of requirements that suppliers and employers must follow for labels and safety data sheets for hazardous products sold, distributed, or imported into Canada.
23
Q

What workplace legislation covers intellectual property?

A
  • The Copyright Act and Copyright Regulations.
  • The Trademarks Act and Trademarks Regulations
  • The Patent Act and Patent Rules.
  • The Industrial Design Act and Industrial Design Regulations.
  • The Integrated Circuit Topography Act and the Integrated Circuit Topography Regulations.
24
Q

What is covered by Copyright legislation?

A

● Literary works: books, articles, poems, lectures, computer and application software
● Dramatic works: films, videos, plays, screenplays, scripts
● Musical works: music only, music and lyrics
● Artistic works: paintings, drawings, maps, photographs, sculptures, building designs,
product designs
● Recordings: records, cassette tapes, CDs, DVDs, audio and video files

25
Q

What workplace legislation covers the use of internet and software?

A
  • usually a part of employee contracts or codes of conduct.
  • the use of the internet in an employment context falls under
    contract law.
  • Most organizations have internet use guidelines
26
Q

What workplace legislation covers the use of social media?

A
  • currently no municipal, provincial, or federal legislation that directly covers the use of social media in the workplace
  • Many companies now have internal rules covering the use of social media.
27
Q

What workplace legislation covers the use of confidential information and whistleblowing?

A
  • usually covered under the employee’s contract with the employer, or under a separate non-disclosure agreement that is
    signed as part of the initial employment paperwork.
  • The Freedom of Information and Protection of Privacy Act specifies which information held by provincial public and government organizations is accessible to the public as well as the procedure for securing this information.
  • The Municipal Freedom of Information and Protection of Privacy Act covers the same issues at the municipal level.
     The Criminal Code of Canada
     The Environmental Protection Act
     The Environmental Bill of Rights
     The Occupational Health and Safety Act
     The Employment Standards Act
  • The Public Servants Disclosure Protection Act
28
Q

What is conflict of interest?

A
  • a situation in which an individual or organization in a position of trust, in either a public or private company, exploits that position of trust for personal benefit, usually financial.
  • there has to be non-disclosure of the conflicting relationship and a financial benefit.
29
Q

What workplace legislation covers bribery?

A

-Criminal Code of Canada

30
Q

What legislation covers engineering work?

A
  • The majority of the legislation pertaining to how engineering work is to be completed is statute law.
  • The Canadian Environmental Protection Act
  • The Ontario Environmental Protection Act
  • The Ontario Environmental Bill of Rights
  • The Ontario Greenbelt Act
  • The Ontario Building Code Act
  • The Ontario Building Code
  • The Ontario Heritage Act
  • Ontario Municipal Affairs and Housing
  • The Ontario Planning Act
  • The National Fire Code of Canada
  • The Ontario Electrical Safety Code