LAW 603 Lecture Notes - Lecture 2: Posttraumatic Stress Disorder, Bell Mobility, Royal Canadian Mounted Police
10 May 2018
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LECTURE 2
CHAPTER 2: The Changing Legal Emphasis
Compliance and Impact on Canadian Workplaces
Hierarchy OF Employment Legislation In Canada
1. all persons resigning in Canada are guaranteed protection under
constitutional law (the Charter of Rights and Freedoms) all employers must
abide by the charter because they are fundamental, guaranteed rights to all
persons residing in Canada
2. Provincial/Territorial human rights codes ensures that the rights of every
Canadian are protected and that all persons are treated with equality and
respect
3. Employers and employees must abide by a series of employment-specific
legislation, such as employment standards acts which vary by jurisdiction,
example: vacation, statutory holidays, and minimum wage standards are
provided by jurisdictions but specific entitlements can vary from one to
another
4. There are laws that regulate some areas of HRM, like union relation unions,
pension and compensation
5. Contract law, governs collective agreements and individual employment
contracts
Tort Law- primarily judge-based law, whereby the precedent and jurisprudences
set by one judge through his or her assessment of a case establishes how similar
cases will be interpreted
-separated into 2 categories: intentional torts (assault, battery) and unintentional
torts (negligence based events which is a result of carelessness)
-to avoid flooding the courts with complaints the government of each jurisdiction
creates special regulatory bodies to enforce compliance with the law and aid in its
interpretation
-bodies (human rights commissions and ministries of labor) develop legally binding
rules called regulations to evaluate complaints
Regulations-legally binding rules establishes by special regulatory bodies created
to enforce compliance with the law and aid in its interpretation
-there is a sense of hierarchy in the various levels of legislation
-example: a collective bargaining agreement cant agree to wage less than the
minimum wage established, and an employment standards act cant violate the
minimums set forth in the Charter of Rights and Freedoms
Legislation Protecting the General Population
-human rights legislation makes it illegal to discriminate against various groups
-The types of acts in which employers should not engage, included in the category
are:
1. the Charter of Rights and freedoms
2.Human rights legislation
Charter of Rights and Freedoms-federal law enacted in 19821 guarantees
fundamental freedoms to all Canadians
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Tort law- primarily judge-based law, whereby the precedent and jurisprudences set by one judge through his or her assessment of a case establishes how similar cases will be interpreted. Separated into 2 categories: intentional torts (assault, battery) and unintentional torts (negligence based events which is a result of carelessness) To avoid flooding the courts with complaints the government of each jurisdiction creates special regulatory bodies to enforce compliance with the law and aid in its interpretation. Bodies (human rights commissions and ministries of labor) develop legally binding rules called regulations to evaluate complaints. Regulations-legally binding rules establishes by special regulatory bodies created to enforce compliance with the law and aid in its interpretation. There is a sense of hierarchy in the various levels of legislation. Example: a collective bargaining agreement cant agree to wage less than the minimum wage established, and an employment standards act cant violate the minimums set forth in the charter of rights and freedoms.
