Chapter 2 Legal Framework for Employment Law in Canada.docx

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Human Resources Management
HRM 200
Katrina Di Gravio

HRM 200 The Changing Legal Emphasis: From Compliance to Valuing Diversity Legal Framework for Employment Law in Canada  Constitutional law o Charter of rights and freedoms  Legislated Acts of Parliament o Income Tax Act  Regulations (for legislation acts) o Rules to aid interpretation of laws  Common law o Judicial precedents  Contract law o Collective agreement/ employment contracts Multiple Legal Jurisdiction for Employment / Labour Law  Provincial / territorial employment laws govern 90% of Canadian workers  Federal laws govern 10% of workers in federal civil service, Crown corporations and agencies, transportation, banking and communications  Provincial laws are different from province to province Employment / Labour Standards Legislation  Establish minimum employee entitlements pertaining to: o Wages, paid holidays and vacation o Maternity, parenting and adoption leaves o Bereavement and compassionate care leave o Termination notice and overtime pay  Set limit on maximum number of work hours permitted per day or week  Principle of equal pay for equal work value Legislation Protecting Human Rights  Charter of Rights and Freedoms (1982) o Guarantees fundamental freedoms to all Canadians o Section 15 guarantees the right to equal protection and equal benefit of the law without discrimination (in particular race, national or ethnic origin, colour, religion, age, sex or mental / physical disability) Discrimination  Distinction, exclusion or preference based on a prohibited ground which nullifies or impairs a person’s rights to full and equal recognition and exercise of human rights and freedoms Types of Discrimination Prohibited  Intentional o Direct o Differential/ unequal treatment o Indirectly o Based on association  Unintentional (constructive . systemic) o Apparently neutral policies have adverse impact on protected groups Requirement for Reasonable Accommodation  Adjustment of employment policies/ practices so that no individual is: o Denied benefits o Disadvantaged in employment o Prevented from carrying a job HRM 200 The Changing Legal Emphasis: From Compliance to Valuing Diversity  Based on prohibited grounds in human rights legislation o E.g. work station redesign for wheelchair Undue Hardship  Human rights legislation mandates employers must accommodate to point of ‘undue hardship’  The point where financial cost or health and safety isks make accommodation impossible Permissible Discrimination  Bona Fide Occupational Requirement o Justifiable reason for discrimination o Based on business necessity for safe and efficient operations o Intrinsically required by job tasks  Must have sight to drive a truck Harassment  Unwelcome behavi
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