Week 1 Flashcards
what is employment law?
The law governing the relationship of an individual employee to an employer
What is labour Law?
The law of unionized COLLECTIVE BARGAINING relationships.
what laws are concerned with employment law?
common law, judge-made law of “masters and servants” and statue law
which law deals with wrongful dismissal?
common law , judge-made law of “masters and servants”
which law deals with minimum labour standards, human rights, occupational health and safety and workers’ compensation?
Statue law
are unionized workers covered by the employment law?
yes they are protected by the statutory part of employment law
what statutes cover unionized workers?
those regarding human rights, wage-payment protection, occupational health and safety, workers’ compensation, pension and unemployment insurance laws
where was the law of wrongful dismissal inherited from and who is the exception
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.
What is the essence of cause for dismissal?
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
What happens when there is no agreement or understanding in dismissals?
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
When is minimum protection available?
the minimum protection is only available to employees who have been employed for a specified period of time, usually 3 months.
What happens when an employee is wrongful dismissal?
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.
Can union workers sue for wrongful dismissal?
NO. Unionized employees working under collective agreements cannot sue for wrongful dismissal. They must go through their grievance procedures and finally to ARBITRATION
What is another element of wrongful dismissal?
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
What is a trigger of constructive dismissal?
significant reduction in remuneration.
What is another word for the “old” employment law
Master and servant law
What is the “new” employment law?
the statute law
What was the point of Factory Acts legislation?
existed for the protection of employees
What does the Labour Standards Code cover?
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.
What is found in the human rights code?
equal pay law
What does the human rights code do?
prohibits discrimination based on sex, race, religion, ethnic or national origin and a variety of other grounds that differ somewhat from province to province
Who is The Canada Labour Code applicable to?
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.
who does the Canadian Labour Code govern?
it governs the workplace for industries within federal jurisdiction, and regulates labour standards and occupational health and safety.
what year was the trade union acts passed?
The Trade Unions Act is passed by Parliament on June 14, 1872, legalizing unions
what day is the celebration recognized?
The celebration is officially recognized on July 23, 1894 when the federal government, under Prime Minister John Thompson, makes Labour Day a national holiday.
What is the conciliation act of 1900?
The Conciliation Act of 1900 establishes voluntary conciliation of a labour dispute and results in the creation of the Labour Department.
