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Chapter 2

MHR 523 Chapter Notes - Chapter 2: Reasonable Accommodation, Protected Group, Equal Protection Clause


Department
Human Resources
Course Code
MHR 523
Professor
Kristyn Scott
Chapter
2

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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
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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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