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MHR 523 (332)
Chapter 2

Chapter 2 - The Changing Legal Emphasis

2 Pages
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Department
Human Resources
Course Code
MHR 523
Professor
Margaret Yap

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Chapter 2: The Changing Legal Emphasis
Provincial/territorial employment laws govern approx. 90% of Canadians
There are 14 jurisdictions 10 provinces, 3 territories, and Canada as a whole
Employment /Labour Standards Legislation
Establish min. wages, paid holidays, leave for maternity, termination notice,
overtime pay etc.
Equal pay for equal work: sex-based discrimination is prohibited
Enforcement is complaint based and violators can be fined
Legislation protecting Human Rights
Complaint driven, focuses on acts employers shouldnt engage in
Included in this category are:
oCharter of Rights and Freedoms
Applies to all levels of government
Takes precedence over all other laws
Provides:
Freedom of conscience and religion
Freedom of thought, belief, opinion, press, other
communication
Freedom of peaceful assembly
Freedom of association
Section 15 equality rights provides basis for the Human Rights
Legislation
oHuman Rights Legislation
Prohibits intentional and unintentional discrimination
Supersedes terms of any employment contract or collective agreement
Rights for reasonable accommodation: to accommodate till the point og
undue hardship
Permissible discrimination: BFOR
Bona Fide Occupational Requirement: example cant employ
blind person as bus driver
Sexual harassment
Sexual coercion direct consequence to workers employment
status or gain in/loss of tangible job benefits
Sexual annoyance hostile, intimidating, offensive, but no
direct link to gain in/loss of tangible job benefits
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Description
Chapter 2: The Changing Legal Emphasis Provincialterritorial employment laws govern approx. 90% of Canadians There are 14 jurisdictions 10 provinces, 3 territories, and Canada as a whole EmploymentLabour Standards Legislation Establish min. wages, paid holidays, leave for maternity, termination notice, overtime pay etc. Equal pay for equal work: sex-based discrimination is prohibited Enforcement is complaint based and violators can be fined Legislation protecting Human Rights Complaint driven, focuses on acts employers shouldnt engage in Included in this category are: o Charter of Rights and Freedoms Applies to all levels of government Takes precedence over all other laws Provides: Freedom of conscience and religion Freedom of thought, belief, opinion, press, other communication Freedom of peaceful assembly
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