Employment Law

Question 1

Name two pieces of legislation that protects employees in the workplace?

Answer 1

Employment Standards Act: hours of work, OT, vacation, severance, stat holidays
Workers Compensation Act: governs workplace health and safety
Human Rights Code: protects employees against discrimination
Labour Relations Code: governs relationship between employer and unions

Question 2

What is just cause and provide 4 examples?

Answer 2

Just cause: where employer commits behaviour that does against employment contract resulting in loss of trust and fractured relationship

Examples: theft, dishonesty, incompetence, insubordination, absenteeism, conflict of interest, willful disobedience

Question 3

Define what is meant by the term “wrongful dismissal”. If the employment contract does not address the consequences of wrongful dismissal (“severance pay”™) what will the courts consider when determining damages arising out of wrongful dismissal?

Answer 3

Wrongful dismissal: firing employee for unjust reasons and without sufficient notice.
The courts will consider:
Age
Length of service
Character of employment
Ability to find comparable work

Question 4

What are an employee’s duties toward their employer?

Answer 4

Act in good faith
Duty of confidentially
Fiduciary duties

Question 5

With regards to the Human Rights Code and the number of protected grounds that it lays out, what is the extent of the employer’s duty to accommodate?

Answer 5

Employers have duty to accommodate to the point of undue hardship. Undue hardship is the point at which the cost/impact of accommodation would be unreasonable for the employer.

Question 6

What is constructive dismissal

Answer 6

When an employer changes the terms and conditions of employment