Week 3 Flashcards
Ethics and Legal (Diagram)
Individual Circles with some overlap
Legal but Unethical examples (2-3)
Death penalty, embezzlement, sweatshop
Ethical but illegal examples (2)
poor/homeless child stealing bread, warning friend who is about to get fired
Legal Framework for Employment Law in Canada
Employees have right to modify…..
government role is to….
Employees have right to be protected…..
- Employers have right to modify work terms
- government role is to balance employee and employer needs through legislation
- Employees have right to be protected from harmful business practices
Hierarchy of Employment Legislation in Canada -
Government role and jurisdiction conflict influence
Government sets legislation and rules
interpretation by jurisdiction can influence workers
Do previous interpretations of law impact future law interpretations
yes
Precedent
decision/interpretation of a court of another jurisdiction acts as an authority regarding how legislation is to be interpreted and applied
Stare Decisis
To stand by things desired
Stare Decisis
- relation to precedent
- principle of law deduced from judicial decision will be..
- courts lower in applicable hierarchy
- what is not binding or bound
- doctrine
- considers in determination of future similar law
- bound to follow decision of higher courts
- precedents of court at same level or by court itself
Tort Laws and what is victim provided
- Determine who is at fault of crime or incident by taking individuals and case to court
- In civil case, victim is provided compensation for losses or damages
Intentional Torts
intentional harm caused by for example assault, murder, trespass
unintentional torts
negligence and carelessness events/actions that cause harm etc speeding or distracted driving
Employee in canada and status determined by
non standard or contingent worker, status determined by nature of working relationship
The Canadian Charter of Rights and Freedoms 4 components
Exceptions, Fundamental Rights and freedoms, equality rights, additional provisions
Exceptions:
Demonstrable:
“Notwithstanding” Provision:
- justification as reasonable limits in a free democratic society
- allows legislation to be exempted from challenging under charter
Fundamental rights and freedoms (3)
- conscious/conscience and religion
- thought, belief, expression and opinion
- peaceful assembly and association
Equality Rights (2)
- human rights legislation
- equal protection and benefit of law without discrimination
Additional Provisions (4)
- heritage, minority, living, and criminal rights
Human Rights Legislation
prohibits intentional and unintentional discrimination in employment situations, delivery of g/s
Superseeds
terms of any employment contract or collective agreement
Jurisdiction specific
legislation rules and interpretation
Discrimination
distinction, exclusion or preference based on prohibited grounds towards person and not following human rights and freedoms
Intentional Discrimination
direct or indirect
differential or unequal in terms of employee based on any of the prohibited grounds
denial of rights due to association with protected group member
unintentional discrimination
- difficult to detect
- embedded in policies and practices that appear natural
EDI
Equity, Diversity and Inclusion
Equity
guarantee of fair treatment and advancement for all people, while striving to identify and eliminate barriers that prevent full participation of marginalized groups
Diversity - most important
all the way people differ, characteristics, values, views, experiences, culture and identity
Inclusion
any individual or group can feel welcomed, respected, supported and valued to participate in all opportunities offered by society
why care about diversity (3)
organizational effectiveness
globalization
positive relationship between functional diversity and team performance
Workplace Diversity
variation in race, gender, ethnicity, origin and religion
BFOR
Bona Fide Occupational Requirement
Bona Fide Occupational Requirement and example
Justifiable reason for discrimination as there are requirement specifications that are defended
etc religious priests, guards, pastors etc
Criteria for assessing BFOR (3)
Legitimate work-related purpose
requirement is necessary for the role
causing undue hardship on employer
Duty to accommodate (2)
- provide equal access to employment by removal of physical, attitudinal and systemic barriers
- accommodate point of undue hardship
undue hardship
action requiring significant difficulty or expense
BFOR Question of Rationale
did employer adopt standard for a purpose that was rationally connected to job performance
BFOR Question of good faith
did decision maker of organization honestly believe requirement was necessary to fulfill requirement of role
BFOR Question of reasonable necessity.. and impossibility was it.. (2)
necessary to accomplishment of work-related purpose
impossible to accommodate those who have been discriminated against without imposing undue hardship on employee
Harassment
behaviour that demeans, humiliates or embarrasses a person that a reasonable person should have known would be unwelcome
Employer responsibility in workplace with harassment (3)
- provide safe and healthy work environment, including protection
- aware of conflict, harassment as could be charged with alleged harasser
- establish, communicate and enforce policies
Sexual Harassment
offensive or humiliating behaviour that is related to person’s sex as well as as behaviour of sexual nature that creates offensive and hostile work environment
Sexual Coercion
results in some direct consequence to workers employment status or some gain in or loss of tangible benefits
Sexual Annoyance
conduct that is hostile, intimidating, or offensive to employee but as no direct link to tangible job benefit or loss
Human Rights Enforcement Team (3)
- provide speedy and accessible process to help parties
- employer has duty to investigate claims of discrimination
- systemic or restitution remedy/treatment
Employment Equity Program
identify and correct existing discrimination, redress past discrimination, and achieve balance representation of members of the four designate groups
Four designated groups and trends
Women: underrepresentation in fields, pay, benefits
Disabilities: underrepresentation in all areas, lower pay,
Indigenous: underrepresentation in high skill or pay jobs
Visible Minorities: underemployed
Employment Labour Standards Legislation (2)
- present in every jurisdiction
- establish minimum rules for pay, vacation, leave, compensation and termination notice
Challenges with Employment Labour Standards Legislation (2)
Liability and informtion
- Employer has right to prevent liability to company etc resources and personal time
- Employers have right to control information they share and separate personal life
Respecting Employee Privacy (3)
Employee Awareness
clear written policies
alternative methods
