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Lecture 2

ADM2337 Lecture 2: Untitled2

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University of Ottawa
Catherine Elliott

Legal framework in HR January 17, 2017 10:05AM Multiple legal jurisdictions for employment law - Provincial/ territorial employment laws govern 90% of Canadian workers 
 - Federal laws govern 10% of workers 
 ○ Federal civil service, crown corporations and federally regulated industries: transportation, banking and communication industries 
 - Then, how many jurisdictions govern employment law ○ 14 jurisdictions and they are very similar 
 Legal framework for employment law in Canada 
 1. Constitutional law ( the constitution act of 1982) 
 2. Legislated acts of parliament (legislation) 
 ○ Laws that regulate some aspects of HR 
 □ E.g, Canadian Human Rights act (CHRA), occupational health and safety acts, income tax 3. Regulations for legislated acts 
 ○ Aid in the interpretations of laws - e.g. regulatory bodies like the human rights commission 
 4. Common law
 ○ Judicial precedents 
 5. Contract law
 ○ Collective agreements/ employment contracts 
 Employment/ labour standards legislation - Establish minimum employee entitlement pertaining to: 
 ○ Wages, paid holidays and vacation
 ○ Maternity, parenting and adoption leaves ○ Bereavement and compassionate leave
 ○ Termination notice and overtime pay 
 - Set limit on maximum number of work hours permitted per day or week 
 - Equal pay for equal work- applies to gender discrimination 
 Ex: Ontario employment standards act (ESA) administered by the ministry of labour 
 The charter of rights and freedoms (1982) 
 - Guarantees fundamental freedoms to all Canadians 
 - The charter forms the foundation of human rights in other jurisdictions 
 Human rights & discrimination 
 - every employer is affected by HR legislation- prohibits discrimination ○ Distinctions, exclusion of preference based on prohibited ground Systemic vs intentional - Systemic (unintentional): employment criteria that have the effect of discriminating on 
 prohibited grounds, but are not used with the intent to discriminate ○ Policies or practices (e.g., height requirements)
 ○ Using a recruitment firm to act for you 
 - Intentional: deliberate use of a race, religions or other prohibited criteria in employment decisions 
 Reasonable accommodation 
 - Adjustments in job content and working conditions that an employer may be expected to make in order to accommodate a person protected by human rights provisions Undue hardships ADM 2337 Page 4 Undue hardships - Human rights legislation mandates employers must accommodate to point of "undue 
 - Undue hardships, refers to the point where the financial costs or health and safety risks make 
 accommodation impossible 
 Bona Fide occupational requirement 
 - A justified business reason for discriminating against a member of a protected class based on business reasons or safety Special interest organizations E.g. - Religious organizations 
 - Philanthropic orgs 
 - E.g., Bullying- one t
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