Employment Law

Question	Answer
Who is covered by the Canada Labour Code?	Chartered Banks; Airports and air transportation; Shipping The RCMP and the military; and Federal government employees.
What is Common law?	Judge made law
to become a statute, a bill must:	receive royal assent
the charter of rights and freedoms applies when:	you are opposing a government body
who enforces employment statutes?	tribunals (mostly)
a provincial bill goes to committee after....	the second reading
who passes statute law?	a legislative body
employment standards act applies to:	unionized construction workers
a primitive clause ...	limits parties abilities to have a decision made by a tribunal reviewed by a court
section 15 of the charter ...	equality rights
what is the ESA?	The Employment Standards Act, 2000, known as the ESA, is a law that sets minimum standards for workplaces in Ontario.
What is the pay equity Act for	In 1987, the Ontario government passed the Pay Equity Act. The purpose of the law is to assure workers equal pay for work of equal value—in particular, to address gender discrimination in the compensation of work by women.
What is OHSA?	The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace employees and employers in Ontario workplaces EX. Right to refuse unsafe work
What section in ESA sets out rules for termination?	PART XV TERMINATION AND SEVERANCE OF EMPLOYMENT section 54 - 67
Hydro-Quebec case (hicks Morley)	- focussed on the last 7.5 years of the grievor’s employment with the company. -suffered from a variety of physical and mental disabilities. -missed 960 days of work during the last 7.5 years -termination on July 19, 2001 -Supreme Court of Canada allowed the appeal -The employer’s duty to accommodate ends where the employee is no longer able to fulfill the basic obligations associated with the employment relationship for the foreseeable future.
Robinson v. Team Cooperheat-MQS Canada Inc	- plaintiff claims wrongful dismissal -defendant claims plaintiff resigned -plaintiff failed to mitigate any damages -Mr. Campbell accepted Mr. Robinson’s resignation -Plaintiff seeks Wallace damages -Mr. Robinson was 62 -Plaintiff’s claim for special damages, as well as for bad faith damages are both dismissed. -Plaintiff was wrongfully, dismissed, and should be awarded 18 months damages
discrimination is prohibited on how many grounds?	16
in the mottu decision the arbitrator found...	asking the complainant to wear a bikini top was grounds for discrimination on sex
during a job interview they cannot ask...	age, address
"disability" does not include...	the flu
under what age is not protected from workplace discrimination?	18
allurement is?	aggressive recruitment or inflated promises
the restrictive clause courts a least likely to enforce?	a non-competition clause
What are the 2 crucial problems an employer faces with a contract?	the end date - ESA act states a fixed term employment that goes over the end date will change it to a full time employee The employee handbook must be stated as a contractual book in the employee contract
Christensen vs family counselling centre	...
What is wrongful dismissal - How to avoid wrongful dismissal -	Know the person you hire - prior to signing the employee contract - the interview process - extremely important to get a feel for a person's character. (conduct thorough interviews & ask for references) Use clear termination clauses - contract perferrendem Provide a probationary period
What is progressive discipline?	verbal warning, 2nd verbal (if being nice), written warning, suspension (with pay if nice), termination
22 - under the ontario OHSA a workplace with 5 workers does not require health and safety committee	C is best answer - it requires the people who are certified.
8 - The common law tort of allurement	C is best answer - entices the worker with false promises
40 - under which of the following employee statutes can an employee be reinstated?	All of the Above!!!
what must you do to qualify for severance?	work for 5 years
15 -which of the following groups of workers may choose to work on sunday	Retail workers (question 15, page 27)
27 - generally ,requirements for federal pipeda do not apply to….	customers (question 1, page 52)
1 - which of the following employers is covered by the canada employment code?	Banks (question 1, page 2)
38 - which of the following legal concepts do the courts currently apply in wrongful dismissal cases?	Proportionality
13 - under the human rights code an employer is automatically responsible for?	Discrimination (harassment isn't on the employer until September)
can you fire an employee for use of drugs or alcohol?	no it is considered a disease and protected as such, help / guidance / rehab must be offered
Keays Vs Honda	No punitive damages: o 1. No such egregious conduct o 2. No independent actionable wrong  Claims of discrimination don’t count because they are dealt with under Human Rights Code (ON). No - K is not entitled to either because: • Aggravated = K’s “injury” was not reasonably foreseeable under test established in Hadley Punitive = There was neither egregious conduct nor independent actionable wrong.

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	Created by chantal Seguin about 8 years ago