chapter 2 notes.doc

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17 Apr 2012
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THE CHANGING IN LEGAL EMPHASIS FROM COMPLIANCE TO
VALUING DIVERSITY
THE LEGAL FRAMEWORK FOR EMPLOYMENT LAW IN CANADA
14 jurisdictions
10 provinces & 3 territories 90% Canadian workers covered by
canada as a whole federal law
Similarities vacations, minimum wage etc.
differences specific entitlement
Employers with employees in different territories must make sure to abide by
the laws in that jurisdiction
Legal frame work also includes
constitutional law (Charter)
acts of parliament
common law (accumulation of judicial precedents)
contract law (governs collective agreements an dindividual employment
contracts
Human rights commissions & ministries of labour develop regulations
to evaluate complaints THEN take it to court
EMPLOYMENT/LABOUR STANDARDS LEGISLATION
ALL employees and employers in Canada covered in every jurisdiction
Establish minimum employee entitlement ie, wages, and set a limit on the
maximum number of hours of work permitted per day or week
Overtime pay MUST be paid
Every jurisdiction has legislation incorporating concept of equal pay for
equal work Employment (labour) standards legislation or human rights
Against sex based discrimination
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Pay differences not allowed based on sex
LEGISLATION PROTECTING HUMAN RIGHTS
Charter of rights and freedoms constitution act of 1982
Human rights legislation present in every jurisdiction
The Charter of Rights and Freedoms
Applies to all levels of the governments and agencies how they go about
their work of creating laws
All legislations must meet Charter standards
Allowed to infringe charter rights if they can be “demonstrably justified”
1. freedom of conscience and religion
2. freedom of thoughtght, belief opinion and expression
3. freedom of peaceful assembly
4. freedom of association
multicultural heritage rights
first peoples’ rights
minority language rights
equality rights
right to live and work anywhere
section 15 foundation for human rights legislation equality rights
oguarantees the right to equal protection and equal benefit of the law
without discrimination
Human Rights Legislation
prohibits intentional and unintentional discrimination
extremely broad in scope, affecting almost all aspects of HRM
ways in which employees shold be treated every day
climate they worn in
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