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LAW 529 (123)
Chapter 1

Chapter #1-Overview of Legal Framework.docx

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Ryerson University
Law and Business
LAW 529
Pnina Alon- Shenker

Chapter 1 Overview of Legal FrameworkSOURCES OF EMPLOYMENT There are 2 main sources of Employment Law in Canada 1 STATUTE LAW legislation passed by governmentEmployment standardsAntidiscriminationHealth and safety laws 2 Common LAW judgemade lawWrongful dismissal actions STATUE LAWa law passed by the federal or provincial government Statues are sometimes referred to as legislation or actsWHY ARE STATUTES PASSED WHY ARE THEY AMENDEDEmployment statutes are usually passed because the government decides that employees require protections or rights beyond those that currently existChanges in technology have led to enhanced privacy protection laws while shifts within the economy and the nature of work have recently resulted in laws to better protect workers hired through temporary agenciesHOW STATUES ARE MADE THE LEGISLATIVE PROCESSA statute first takes the form of a written billTo become a PROVINCIAL statute a bill must pass three readings in the legislature located at Queens Park in TorontoTo become a FEDERAL statute bill must pass 3 readings in the house of commons and also must be passed by the Senate in Ottawa3 Types of Bills 1 Public bills 2 Private bills cover nonpublic matters such as changing corporate charters and so are limited scope and relevance 3 Private members bills may deal will matters of public importance but they are put forward by a private member of the legislature not by a cabinet minister o They do not havemuch change of becoming law and are often tabled to make a political point die on the order paper never become lawA bill becomes a statue once it receives it royal assent It may come into force on one of 3 ways 1 On royal assent the statute comes into force without the need for additional steps 2 On a particular date the statute itself names the date on which it comes into force 3 On proclamation the statute comes into force on a date to be announced later while statutes contain the main requirements of the law detailed rules of how to implement or administer a statute are often found in its REGULATIONS rules made under the authority of a statuteWHAT LEVELS OR GOVT CAN PASS EMPLOYMENTRELATED STATUTES Canada is a federal state with 3 levels of government 1 FEDERAL have authority over only 10 of employees in Canada 2 PROVINCIAL 90 of employees in Canada are covered by provincial employment legislation 3 MUNICIPAL have to jurisdiction over employment although they can pass bylaws on matters that affect workplace such as smokingKEY ONTARIO EMPLOYMENT STATUTES The Employment Standards Act 2000 sets out minimum rights and standards for employees including minimum wages overtime hours of work termination and severance pay pregnancy and parental leave vacation and public holidaysThe Human Rights Code is aimed at preventing and remedying discrimination based on specified prohibited groundsThe Labour Relations Act 1995 deals with the rights of employees to unionize and the collective bargaining process
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