Week 1

Question 1

what is employment law?

Answer 1

The law governing the relationship of an individual employee to an employer

Question 2

What is labour Law?

Answer 2

The law of unionized COLLECTIVE BARGAINING relationships.

Question 3

what laws are concerned with employment law?

Answer 3

common law, judge-made law of “masters and servants” and statue law

Question 4

which law deals with wrongful dismissal?

Answer 4

common law , judge-made law of “masters and servants”

Question 5

which law deals with minimum labour standards, human rights, occupational health and safety and workers’ compensation?

Answer 5

Statue law

Question 6

are unionized workers covered by the employment law?

Answer 6

yes they are protected by the statutory part of employment law

Question 7

what statutes cover unionized workers?

Answer 7

those regarding human rights, wage-payment protection, occupational health and safety, workers’ compensation, pension and unemployment insurance laws

Question 8

where was the law of wrongful dismissal inherited from and who is the exception

Answer 8

all provinces except Québec the law of wrongful dismissal is largely inherited from England, but Canadian courts now rarely refer to English case law. The equivalent Québec law is based on the French Civil Code.

Question 9

What is the essence of cause for dismissal?

Answer 9

an employee’s failure to comply with his or her obligations to the employer implied by law, including the obligation, within the scope of the job, to obey the employer’s lawful directions

Question 10

What happens when there is no agreement or understanding in dismissals?

Answer 10

Where there is no agreement or understanding, the length of the notice to which the employee is entitled depends on the character or status of the employment, the employee’s length of service and age, and the availability of similar employment

Question 11

When is minimum protection available?

Answer 11

the minimum protection is only available to employees who have been employed for a specified period of time, usually 3 months.

Question 12

What happens when an employee is wrongful dismissal?

Answer 12

A wrongfully dismissed employee who sues in the ordinary courts will be awarded money damages equal to the pay he or she would have received if proper notice had been given, but the employee is under a duty to mitigate the damage; ie, any money earned at a new job or which could have been earned if a reasonable effort had been made to find a new job will be deducted.

Question 13

Can union workers sue for wrongful dismissal?

Answer 13

NO. Unionized employees working under collective agreements cannot sue for wrongful dismissal. They must go through their grievance procedures and finally to ARBITRATION

Question 14

What is another element of wrongful dismissal?

Answer 14

the concept of constructive dismissal. Constructive dismissal occurs when an employer unilaterally changes the terms of the employment contract so fundamentally that the employee quits his or her job

Question 15

What is a trigger of constructive dismissal?

Answer 15

significant reduction in remuneration.

Question 16

What is another word for the “old” employment law

Answer 16

Master and servant law

Question 17

What is the “new” employment law?

Answer 17

the statute law

Question 18

What was the point of Factory Acts legislation?

Answer 18

existed for the protection of employees

Question 19

What does the Labour Standards Code cover?

Answer 19

notice periods but also minimum wages, hours of work, overtime, the mode and interval of wage payments, wage statements, daily rest, weekly rest, statutory holidays, vacations and vacation pay, time off to vote, maternity leave and equal pay for men and women.

Question 20

What is found in the human rights code?

Answer 20

equal pay law

Question 21

What does the human rights code do?

Answer 21

prohibits discrimination based on sex, race, religion, ethnic or national origin and a variety of other grounds that differ somewhat from province to province

Question 22

Who is The Canada Labour Code applicable to?

Answer 22

applicable to employees in industries under federal constitutional jurisdiction (eg, banks), also provides that employees who have been employed for more than one year are entitled to reinstatement if they are found by special adjudicators to have been dismissed without just cause.

Question 23

who does the Canadian Labour Code govern?

Answer 23

it governs the workplace for industries within federal jurisdiction, and regulates labour standards and occupational health and safety.

Question 24

what year was the trade union acts passed?

Answer 24

The Trade Unions Act is passed by Parliament on June 14, 1872, legalizing unions

Question 25

what day is the celebration recognized?

Answer 25

The celebration is officially recognized on July 23, 1894 when the federal government, under Prime Minister John Thompson, makes Labour Day a national holiday.

Question 26

What is the conciliation act of 1900?

Answer 26

The Conciliation Act of 1900 establishes voluntary conciliation of a labour dispute and results in the creation of the Labour Department.