MHR 523 Lecture Notes - Lecture 2: Canadian Human Rights Act, Employment Contract, Equal Protection Clause
12 Feb 2018
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Document Summary
Chapter 2: the changing legal emphasis: from compliance to valuing diversity. Multiple legal jurisdictions for employment/labour law: provincial/territorial employment laws govern 90% of canadian workers. Federal laws govern 10% of workers in federal civil service, crown corporations and agencies, transportation, banking and communications. Freedoms freedom of conscience and religion freedom of thought, belief, expression and opinion freedom of peaceful assembly freedom of association. Section 15 equality rights right to equal protection and benefit of the law without discrimination. Employment standards act federal and provincial/territorial versions establish minimum terms for: wages, overtime pay, paid holidays and vacations, maternity/paternity leave, bereavement/compassionate care leave termination notice, employment contracts may exceed minimums, principle of greater benefit applies. Enforcement of employment standards act complaints filed with ministry of labour or counterpart filed complaint is settled through the ministry, not civil court limitation periods for filing: maximum claim limit for unpaid wages. Intentional discrimination: direct, differential or unequal treatment, by association indirect (3rd party)
