week 2 Flashcards
reasons behind HR laws
o Employers have a right to modify employee work terms and arrangement according to legit bus needs
o Employees have right to be protected from harmful practices
o Gov role is to balance needs through dev and maintain of employee legislation
legislation layers general to specefic
charter, HR legislation (stem off charter protect from discrim, think cghart show diff province political discrim), employment standards (min wage, ) , ordinary law, contract law like colelctive bargain, tort law, employement contract
6 tests for employees
o Control test- when they can do their work, control pay and standards of work
Training
o Tools and equipment who own and maintain
o Subcontracting can I hire workers
o Financial risk fixed, ongoing cost that not reimbursed
o Investment in management- who makes decision on profit/loss
o Opp for profit and share in loss
charter of rights applies to includes what and exceptions
o Applies to action of gov all levels and their laws
o Legislation must meet charter standards guarantee fundamental freedoms
includes: Multicultural rights, minority language rights, mobility and right to democracy.
o Equality rights has huge impact on employment and basis for human rights legislations
Charter is basis for human rights legislation
o Expectations allow infringe if demonstrate justified and reasonable limit in free society which is open to interpret so ends in supreme court often
HR rights legislation
o Jurisdictional rights, prevents discrim intentional or not, supersedes any employment contracts / collective agreement
o Equality rights guarantee equal protection and benefit from law without discrim
what is discrim accord HR legislations
o Choose something, in relation to employment s unlawful making decision on something shouldn’t (is a distinction, exclusion, or preference based on any of the prohibited grounds that impairs right of person to full and equal recognition) doesn’t include things not protected like wearing red
what is contrustive discrim inpolicy
policy that appear neutral but are discriminatory, difficult to detect that has adverse effect on groups of people
* Like minimal height and weight Asians usually shorter
* Word of mouth hiring with a not much diversity or hire from only one school
* Limited accessibility ex mandatory golf trip
duty to accomodate to what point
health and safety risks
Equal access to employment from any attitude and systemic barriers
Undue hardship based on judge interpretation
o Accommodation considered ok if result
in equal opp benefit or privileges others experience
o Criteria BFOR:
1- question of rationale was it legit work purpose
2- good faith- believe that reason is necessary to fill role
3- reasonable necessity: possible to do without undue hardship on bus
- Reasonable accommodation is
o Adjustment of policy expected to make so no person denied benefit or disadvantaged in employment or prevented from carry out essential component of job because of grounds prohibited in HR legislation
if there is discrim need to
demo indiviualized attempt to show made effort
o Accommodate to undue hardship which is point that employers are expected to accommodate employees under HR legislation , what may cause undue
Financial costs may make accommodation impossible
Health and safety risks
- Employers “owe an obligation to be aware of both the differences between individuals, and the differences that characterize groups of individuals. They must build conceptions of equality into workplace [or other] standards” p. 38 this means
o Can’t just say didn’t think about it employers must be on top and looking for discriminatory actions
- Obesity not on prohibited grounds so can fire based on weight?
o Argue on the grounds of disability associated with it
