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Final

Final Exam MHR.doc

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Department
Human Resources
Course
MHR 523
Professor
Tom Clark
Semester
Summer

Description
MHR FinalCHAPTER TWOTHE CHANGING LEGAL EMPHASISLegal Framework for Employment Law in CanadaRegulationsLegally binding rules formed by the special regulatory bodies created to enforce compliance with the law and aid its interpretationConstitutional lawCharter of Rights and FreedomsLegislated Acts of ParliamentIncome Tax ActCommon lawjudicial precedentsContract lawcollective agreementsemployment contracts EmploymentLabour Standards LegislationEstablish minimum employee entitlements pertaining to wages paid holidays and vacationmaternity parenting and adoption leaves bereavement and compassionate care leavetermination notice and overtime paySet limit on maximum number of work hours permitted per day or weekPrinciple of equal pay for equal work Legislation Protecting Human RightsCharter of Rights and FreedomsFederal law enacted in 1982 that guarantees fundamental freedoms to all Canadians Equality Rights section 15 of the Charter of Rights which guarantees the right to equal protection and equal benefit of the law without discrimination Human Rights Legislation Prohibits intentional and unintentional discrimination in its policies pertaining to all aspects terms and conditions of employmentDiscrimination DefinedIntentionalUnintentionaldistinction exclusion or preference based on a directconstructivesystemicprohibited ground differentialune apparently neutral qual treatmentpolicies have adverse indirectlyimpact on protected based on groupsassociationMHR Finalwhich nullifies or impairs a persons rights to full and equal recognition and exercise of human rights and freedomsRequirement for Reasonable Accommodationadjustment of employment policiespractices so that no individual isdenied benefitsdisadvantaged in employmentprevented from carrying out a jobbased on prohibited grounds in human rights legislationExwork station redesign for wheelchairUndue Hardshiphuman rights legislation mandates employers must accommodate to point of undue hardship the point where financial cost or health and safety risks make accommodation impossible Permissible DiscriminationoBona Fide Occupational Requirementjustifiable reason for discriminationbased on business necessity for safe and efficient operationsintrinsically required by job tasks eg must have sight to drive a truckHuman Rights Case ExamplesoHarassment unwelcome behaviour that demeans humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome oSexual Harassment offensive or humiliating behaviour that is related to a persons sex as well as behaviour of a sexual nature that creates an intimidating unwelcome hostile or offensive work environment or that could reasonably be thought to put sexual conditions on a persons job or employment opportunities iSexual Coercionharassment of a sexual nature that results in some direct consequence to the workers employment status or some gain in or loss of tangible job benefitsiiSexual AnnoyanceMHR Finalsexually related conduct that is hostile intimidating or offensive to the employee but has no direct link to tangible job benefits or loss thereofoExamplesRace and ColourSexual orientationAgeReligionFamily status oHarassment PoliciesTo reduce liability employers shouldestablish sound harassment policiescommunicate such policies to all employeesenforce policies in a fair and consistent mannertake an active role in maintaining a working environment that is free of harassmentEmployment Equity Legislation Federal Employment Equity Act based on Charter of Rights proclaimed in 1987 amended in 1995protects women visible minorities persons with disabilities Aboriginal peoplesremoves employment barriers promotes equalityEmployment Equity Designated GroupsiWomeniiAboriginalsiiiPeople with Disabilities ivOther visible minoritiesOccupational Segregation
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