Unit 3 - Review Your Progress Flashcards
Why are many of the important details in employment law found in regulations?
Regulations exist because governments over the years have determined that common law left on its own results in working conditions considered unacceptable by society, and so they acted to ensure certain minimums (or maximums) were in place to protect workers against the power of employers.
What is the difference between enumerated and analogous grounds in the Charter, and why is it important for employment law?
Enumerated grounds - The characterists listed in equality legistlation (including the Canadian Charter of Rights and Freedoms) upon which discrimination is prohibited, such as sex, age, skin colour, and religion
Analogous grounds - Prohibited grounds of discrimination in equality legislation that are not enumerated (listed) in the legislation, but which the courts have read into the legislation because of their similarity to the the enumerates that are protected (e.g, sexual orientation, marital status, and citizenship)
In Egan v. Canada the Supreme Court ruled that section 15 protects against protects against discrimination on the basis of sexual orientation even through the grounds were not listed in section 15. Analogous grounds allow for the protects to change society does
What is the difference between pay equity and equal pay?
Pay equity - A statutory model designed to address systemic gender wage discrimination by comparing lower-paying female dominated job classes to higher-paying male dominated job classes when the total score is the same or substantially the same in an evaluation of the skill, effort, responsibility, and working conditions of the two job classes.
The Equal Pay provisions of the Employment Standards Act require that men and women receive equal pay when doing the same job or substantially the same job such as two cooks or two machine operators on the same line.
Why do minimum wage regulations garner more attention than the concept of maximum wage regulation?
Employers and their lobby groups oppose increases to the minimum wage, citing costs to business and predicting the loss of employment. While maximum wage would not cost a business any more money than what the are already paying their employees
Why might employers prefer the statutory regulation of termination notice over common law?
Statutory regulation of termination may be less than that in common law.
How does the approach to regulating injury prevention differ from injury compensation? Why?
There is an internal responsibility system for injury prevention. IRS is a system of shared responsinility between employers and workers for workplace health and safety.
Workers compensation has a no fault principle.
