OBHR 3P97 Chapter Notes - Chapter 2: Reasonable Accommodation, Occupational Safety And Health
22 Oct 2016
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The legal framework for employment law in canada: Governments role is to balance employee and employers needs through the development of the employee legislation. Employers are able to modify employee work arrangement for legitimate business needs. Precedents and jurisprudent set by one judge is used for similar cases, on how they will be interpreted. Two types of tort laws: intentional torts assault, battery, trespass, unintentional torts negligence caused by carelessness. Regulations develop by human rights commission and ministries of labour, legally binding rules. Employee see this as the basic requirements and expect more (floor) Employer see this as a contractual ceiling. Legislations protecting the general public: the charters of rights and freedom, human rights legislation: Justifiable reason for discrimination based on business necessity. When occupational requirement is less obvious, the onus of proof is on the employer. Important part of the human right legislations reasonable accommodation. Scheduling adjustments and workplace rearrangements to accommodate employees" rights.
