Class 4 - Law: Regulatory Regime Flashcards
Statutory Law
Passed by the government (legislation or act)
Federal – Canada Labour Code, Canadian Human Rights Act, Employment Equity Act
- Governs banks, communication & transportation companies
Provincial – OHRC 1990, ESA 2000, OHSA 1990, LRA 1995, AODA 2005,
- Governs 90% of areas of employment
Employment Standards Act (ESA)
2000
Administered by Ministry of Labour
Minimum basic working conditions and obligations of employer, including:
- Hours of work, scheduling, breaks, overtime, employment records
- Pay: equity, pay periods, vacation pay
- Vacation time and statutory holidays
- Leaves of absence
- Termination & severance
- Specific issues - I.e. wage deductions
Occupational Health & Safety Act
1990
Administered by Ministry of Labour
Governs employer responsibility for healthy & safe workplace
- Joint responsibility system
- Protects workers’ rights to know, participate, refuse unsafe work
- Bill 168 – violence & harassment
- Bill 132 – specific to sexual violence and harassment
HR Complaints
- Internally (HR dept)
- Externally
Human rights complaints -> Human Rights Tribunal (can be heard in courts if in conjunction with other issues)
Employment standards complaints -> ministry of labour, labour relations board
Occupational health & safety complaints -> ministry of labour, labour relations board
Adjudicator Powers
Can only order/award what statues explicitly give them authority to do
Orders include
- Stop unlawful conduct
- Pay restitution (I.e. unpaid overtime, unpaid vacation pays)
- Special damages for losses (I.e. compensation for wages, benefits)
- General damages for pain, humiliation, injury to self-esteem, loss of health & welfare
- Non-financial remedies (I.e. reinstatement/promotion/offer of employment, removal of others)
- Public interest remedies (I.e. requirement to change practices, take/hold training, display legislation at workplace)
