BUS 381 Chapter Notes - Chapter 2: Reasonable Accommodation, Occupational Safety And Health, Protected Group

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Published on 14 Apr 2013
School
Simon Fraser University
Department
Business Administration
Course
BUS 381
Professor
CHAPTER TWO: The Changing Legal Emphasis
The Legal Framework for Employment Law in Canada
- Legal framework includes constitutional law (particularly Charter of Rights and Freedoms), acts
of Parliament, common law, contract law
- Laws that specifically regulate some areas of HRM occupational health and safety
(occupational health and safety acts), union relations (labour relations acts), pensions (pension
benefits acts), compensation (pay equity acts, Income Tax Act)
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 per day or week
- All employers and employees in Canada (including unionized employees) are covered by
employment standards legislation
- Every jurisdiction in Canada has legislation incorporating the principle equal pay for equal work
Legislation Protecting Human Rights
- Human rights legislation makes it illegal to discriminate
- The Charter of Rights and Freedom (federal legislation) and human rights legislation (present in
every jurisdiction
- The Charter of Rights and Freedom
-
Federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians
-
Charter applies to actions of all levels of government (federal, provincial/territorial, and
municipal) and agencies under their jurisdiction as they go about their work of creating
laws
-
Charter takes precedence over all other laws all legislation must meet Charter
standards
-
Number 1 exception) Charter allows laws to infringe on Charter rights if it is
demonstrably justified as reasonable limits in a “free and democratic society
-
Usually many issues challenged under charter ends up before the Supreme Court
-
Number 2 exception) legislative body invokes the “notwithstanding” provision, allowing
legislation to be exempted from challenge under the Charter
-
Fundamental rights and freedoms provided to every Canadian:
1) freedom of conscience and religion
2) freedom of thought, belief, opinion, expression (including freedom of press
and other media of communication)
3) freedom of peaceful assembly
4) freedom of association
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Document Summary

The legal framework for employment law in canada. Legal framework includes constitutional law (particularly charter of rights and freedoms), acts of parliament, common law, contract law. Laws that specifically regulate some areas of hrm occupational health and safety (occupational health and safety acts), union relations (labour relations acts), pensions (pension benefits acts), compensation (pay equity acts, income tax act) 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 per day or week. All employers and employees in canada (including unionized employees) are covered by employment standards legislation. Every jurisdiction in canada has legislation incorporating the principle equal pay for equal work. Human rights legislation makes it illegal to discriminate. The charter of rights and freedom (federal legislation) and human rights legislation (present in every jurisdiction. Federal law enacted in 1982 that guarantees fundamental freedoms to all canadians.

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