HRM1008 Study Guide - Canadian Human Rights Commission, Canadian Human Rights Act, Human Rights Commission

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Human Resources CH 2- notes February 5, 2013
All managers must be aware of the legal environment of HRM
Must know the implications of their actions regarding employees
And prospective employees
Managers are accountable for intentional, unintentional violations
Have begun to promote and initiate workplace diversity
Makes good business sense
Constitutional Act of 1867
Gave each of the provinces and territories the power to legislate in relation to
employment law
For all those not employed by federally regulated industries
Banks and airlines
Provincial legislation
Covers industries such as manufacturing, retail, schools
Hospitals, and other businesses
Each of Canada’s 14 jurisdictions (federal and 10 provincial, 3 territorial)
Responsible for laws including
Human rights
Employments standards
Labour relations
Health and safety
Employment equity
Employment related legislation
Common Law
Accumulation of judicial precedents’ that do not derive from specific pieces of
legislation.
Allegations of wrongful dismissal by and employer
Contract Law
Governs collective agreements and individual employment contracts
Regulations for minimal engagements
Human rights commission
Ministries of labour
Develop legally binding rules
Employment labour standards regulation
All employees and employers in Canada are covered under this
Under Federal Jurisdiction
Covered under labour code
Ten provinces and three territories each have an employment standards act
Labour standards
Establish minimum employee entitlements
Such as wages, paid holidays and vacations
Maternity leave
Termination notice
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And overtime pay
Hours of work permitted in a work week
Standards
1.5 hours of paid time off for every hour of overtime worked
Overtime permitted up to a daily total of 10 hours
Two consecutive days of rest for every two work weeks
Three consecutive days over three work weeks
Employment age lowered from 17 to 16
Minimum of 5 sick days each year and up to 8 weeks of compassionate care leave
Equal pay for equal work
Equal Pay for Equal Work
Employer cannot pay male and female employees differently
If they are performing substantially the same work
Requiring the same degree of skill, effort, and responsibility
Under similar working conditions
Pay Differences
Based on merit or productivity are permitted
Only sex based discrimination is prohibited.
Charter of Rights and Freedoms
Issues of Equality
Four Fundamental Freedoms
Freedom of..
Conscience and religion
Thought, belief, opinion and expression
Peaceful assembly
Association
Also
Right to democracy
Right to live and seek employment in Canada
Right to due process in criminal proceedings
Equality rights
Minority language education rights
Canadian multicultural heritage rights
First Peoples Rights
Human rights Legislation
Prohibits intentional and unintentional discrimination in its dealings with the public
And in its policies pertaining to all aspects and term and conditions of employment
The manner in which employees should be treated on the job everyday
All jurisdictions prohibit discrimination on the grounds of race, colour, religion or
creed
Including physical and mental disability, sex and marital status
Discrimination contd
Other grounds such as sexual orientation and criminal history
Are prohibited in some jurisdictions, but not all
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