Important topics for midterm review Flashcards
Alberta employment standards legislation
Jurisdiction: provincial governmet of Alberta
minimum right: minimum standards floor of a safe workplace with occupational health and safety regulations
Wage: 15$
max 12 hours a day
holiday: 2 weeks paid after the 1st year of work till 4 years, then 3 weeks paid
bona fide occupational requirements
a defence that permits dicrimation that is requires for legit business purposes
bona fide occupational 3 part test
- employer adopted the standards for a reason
- employer adopted the standard in a good and honest faith
- the standards are reasonably necessary and cannot adapt without undue hardship
duty to accommodate
legal obligation to take reasonable steps to accommodate to remove discriminatory barriers to employers
examples of duty to accommodate
accommodation of religion, taking breaks to pray
accommodation of gender, having a bathroom for women
accommodation of family status, altering schedule for a mother to pick up her kids
the Oakes test
applies to the charter
adverse effect discrimination
a policy that seems so treat everyone equally but actually has a negative impact on protected groups
systemic discrimination
practices, behaviours and norms of an organization that may be unintentional that perpetuate disadvantages for certain individuals
pre employment rights
in the hiring process they are not allowed to ask you about marital status, age, gender, family status, ethnicity, citizeinship
employment statutes
occupational health and safety workers compensation labour relations code employment standards code human rights act
occupational health and safety
The main purpose of the Act is to protect workers from health and safety hazards on the job. It sets out duties for all workplace parties and rights for workers
labour relations code
governs the establishment of union representation, collective bargaining and many other aspects of the relationship between employers, their employees and unions.
human rights acts
protect workers fromprohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been
employment standards code
set the floor standards for employees determining wage, safety, hours, vacation
The Act is meant to provide minimum employment standards for employees
workers compensation
a form of insurance funded by workers.
when workers accept workers comp they lose their rights to sue their employer
employment contract rules of interpretation
courts must stay in the 4 courts of the contracts , no parole evidence may be used
rules the affect the enforceability of a contract
lack of capacity lack of legality lack of mutual agreement lack of intent to enter lack of acceptance unilateral changes made to the contract
non solicitation clause
restricts and employee from pursuit your clients vendors or employees during employment and a specific period after
breach of fiduciary duty
breaking a level of trust between an employee and employer out of self interest
example stealing
employee
a worker who is under subordination and has entered into a contract exchanging wages for labour
independent contractor
a worker who is in business for himself
the 4 fold test
the test used by courts to distinguish between an employee and independent contractor uses -tools test -control test -chance of profit test -risk of loss test
why is it important to distinguish between an employee and an independent contractor?
- employers have duties under several acts and standards they must follow for employees
- vicarious liability
independent contractors
supply own tools control and direction of work little supervision have their own clients pays own expenses advertises own own on the market risk of loss chance of profit don't pay employee deductions may hire workers
jurisdiction
area of governmnet with power to govern
paramouncy
when there is a concurrent law (provincial and federal) provincial law is struck down
common law
precedent based law inherited from england
statute law
a bill approved by provincial or federal governmnet
limitation perios
statute of limitations is the amount of time you have to take legal actions before a drop dead date
civil law-suite
a lawsuit where person a accuses person b responsible for causing harm
procedural law
Procedural law provides the process that a case will go through (whether it goes to trial or not). The procedural law determines how a proceeding concerning the enforcement of substantive law will occur.
substantive law
Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged.
constitution act 1867
the constitution defines how governments will work
power 91
grants federal jurisdiction certain industries and varieties of matters that are relevant to the law of work
grants federal governmnet juristiction over POGG
power 92
states companies that operate over multiple provinces are under federal juristiction as long as the work is “continuous and regular”
charter of rights and freedoms
part of the constitution , its purpose is to regulate governmnet action. imposes checks on what governmnet can and can’t do
protecting of the charter
protection from discrimatinon by governmnet
Oakes test is used
examples of protection
fundamental freedoms
mobility rights
equality rights
guarantee of rights and freedoms
limitations of the charter
governments can emend rights if it they are proven reasonable and proportional benfits
executive branch
prime minster and his cabinet
focus on day to day
make sure laws are obeyed
legislative
house of commons, senate and gov. general
decided what bills become legal
judicial
judges
resolve despuntes
decide the meaning of laws
undue hardship
the legit defence that an employer may rise to justify why it did not accommodate
it would cause significant difficulty beyond mere convenience
statute
a law passed by legislative power
