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MHR 523 (332)
Chapter 2

Human Resources Management Chapter 2

4 Pages
126 Views

Department
Human Resources
Course Code
MHR 523
Professor
Kristyn Scott

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Chapter 2
THE LEGAL FRAMEWORK FR EMPLYMENT LAW IN CANADA
-a company with employees in different provinces/territories must monitor the legislation in each of
those jurisdictions and remain current as legislation changes
-legal framework for employment includes constitutional law, acts of parliament, common law, contract
law which constraints policies, procedures, and practices
-regulations: legally binding rules established by the special regulatory bodies created to enforce
compliance with the law and aid in its interpretation
EMPLOYMENT/LABOUR STANDARDS LEGISLATION
-employment (labour) standards legislation: laws present in every Canadian jurisdiction that establish
minimum employee entitlements and set a limit on the maximum number of hours of work permitted
for day or week
-equal pay for equal work
LEGISLATION PROTECTING HUMAN RIGHTS
1) The charter if rights and freedomsÆ federal legislation that is the cornerstone of human rights
2) Human rights legislationÆ present in every jurisdiction
THE CHARTER OF RIGHTS AND FREEDOMS
-charter of rights and freedoms: federal law enacted in 1982 that guarantees fundamental freedoms to
all Canadians
-2 exceptions: 1) Charter allows laws to infringe on Charter rights if they can be demonstrably justified
as reasonable limits in a free democratic society 2) when a legislative body invokes the
^v}Á]Zv]vP_}À]]}vUÁZ]Zoo}ÁZoP]o]}v}Æu(}uZoovPµvZ
Charter
-Charter provides freedom of: 1) conscience and religion 2) thought, belief, opinion, expression 3)
peaceful assembly 4) association
-equality rights: section 15 of the charter of rights and freedoms, which guarantees the right to equal
protection and equal benefit of the law without discrimination
HUMAN RIGHTS LEGISLATION
-human rights legislation supersedes the terms of any employment contract or collective agreement
-some, but not all jurisdictions prohibit discrimination on the basis of national or ethnic origin, family
status, ancestry etc.
DISCRIMINATION DEFINED
-discrimination: as used in the context of human rights in employment, a distinction, exclusion, or
preference, based on one of the prohibited grounds, that has the effect of nullifying or impairing the
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Description
Chapter 2 THE LEGAL FRAMEWORK FR EMPLYMENT LAW IN CANADA -a company with employees in different provinces/territories must monitor the legislation in each of those jurisdictions and remain current as legislation changes -legal framework for employment includes constitutional law, acts of parliament, common law, contract law which constraints policies, procedures, and practices -regulations: legally binding rules established by the special regulatory bodies created to enforce compliance with the law and aid in its interpretation EMPLOYMENT/LABOUR STANDARDS LEGISLATION -employment (labour) standards legislation: laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of hours of work permitted for day or week -equal pay for equal work LEGISLATION PROTECTING HUMAN RIGHTS 1) The charter if rights and freedomsÆ federal legislation that is the cornerstone of human rights 2) Human rights legislationÆ present in every jurisdiction THE CHARTER OF RIGHTS AND FREEDOMS -charter of rights and freedoms: federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians -2 exceptions: 1) Charter allows laws to infringe on Charter rights if they can be demonstrably justified as reasonable limits in a free democratic society 2) when a legislative body invokes the ^L}šÁ]šZZšL]L2_‰Œ}À]Z]}L7ÁZ] Zoo}ÁZšZo2]Zoš]}Lš}ÆK‰šŒ}K ZooL2µLŒšZ Charter -Charter provides freedom of: 1) conscience and religion 2) thought, belief, opinion, expression 3) peaceful assembly 4) association -equality rights: section 15 of the charter of rights and freedoms, which guarantees the right to equal protection and equal benefit of the law without discrimination HUMAN RIGHTS LEGISLATION -human rights legislation supersedes the terms of any employment contract or collective agreement -some, but not all jurisdictions prohibit discrimination on the basis of national or ethnic origin, family status, ancestry etc. DISCRIMINATION DEFINED -discrimination: as used in the context of human rights in employment, a distinction, exclusion, or preference, based on one of the prohibited grounds, that has the effect of nullifying or impairing the www.notesolution.com right of a person to full and equal recognition and exercise of his/her human rights and freedoms -intentional discrimination -directlyÆ refusing to hire, train, or promote an individual -differential/unequal treatmentÆ individuals/groups treated differently in terms and conditions of employment based on any of the prohibited grounds -indirectlyÆ through another party -discrimination because of associationÆ denial of rights because of friendship or other relationship with a protected group member -unintentional discrimination/constructive/systematic discrimination: discrimination that is embedded in policies and practices that appear neutral on the surface and are implemented impartially but have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operation of the business REQUIREMENT FOR REASONABLE ACCOMMODATION -reasonable accommodation: the adjustment of employment policies and practices that an employer may be expected to make so that no individual is denied benefits, disadvantaged in employment, or prevented from carrying out the essential components of a job because of grounds prohibited in human rights legislation -undue hardship: the point to which employers are expected to accommodate under human rights legislative requirements PERMISSIBLE DISCRIMINATION -bona fide occupational requirement (BFOR): a justifiable reason for discrimination based on business necessity (that is, required for the safe and efficient operation of the organization) or a requirement that can be clearly defended as intrinsically required by the tasks an employee is expected to perform HUMAN RIGHTS CASE EXAMPLES 1) Race and colour 2) Sexual orientation
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