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Questions and Answers
Which types of industries are primarily governed by the Canada Labour Code?
Which types of industries are primarily governed by the Canada Labour Code?
What is one of the key concepts defined in part II of the Canada Labour Code?
What is one of the key concepts defined in part II of the Canada Labour Code?
How are the minimum wage requirements determined under the Canada Labour Code?
How are the minimum wage requirements determined under the Canada Labour Code?
Which of the following best describes an 'unfair labour practice'?
Which of the following best describes an 'unfair labour practice'?
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What is the defence of 'reasonable care and due diligence' in the context of the Canada Labour Code?
What is the defence of 'reasonable care and due diligence' in the context of the Canada Labour Code?
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What did the adjudicator conclude about the LRRBE's activities?
What did the adjudicator conclude about the LRRBE's activities?
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What is viewed as a fundamental human right according to the content?
What is viewed as a fundamental human right according to the content?
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What was the outcome of the application regarding the LRRBE?
What was the outcome of the application regarding the LRRBE?
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Which entity has ratified Convention No. 87 of the International Labour Organization?
Which entity has ratified Convention No. 87 of the International Labour Organization?
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How are decisions made under the Canada Labour Code (CLC) regarded in other jurisdictions?
How are decisions made under the Canada Labour Code (CLC) regarded in other jurisdictions?
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What is the primary purpose of the Canada Industrial Relations Board (CIRB)?
What is the primary purpose of the Canada Industrial Relations Board (CIRB)?
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What does the preamble to part I of the CLC emphasize?
What does the preamble to part I of the CLC emphasize?
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Which of the following does the CIRB NOT primarily deal with?
Which of the following does the CIRB NOT primarily deal with?
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Which of the following describes the LRRBE as concluded by the adjudicator?
Which of the following describes the LRRBE as concluded by the adjudicator?
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What does the adjudicator's finding imply about the jurisdiction of the CLC in this case?
What does the adjudicator's finding imply about the jurisdiction of the CLC in this case?
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Who is covered under Part I of the Canada Labour Code?
Who is covered under Part I of the Canada Labour Code?
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Which aspect of the Canadian legal system is the CLC not similar to?
Which aspect of the Canadian legal system is the CLC not similar to?
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What is the principal focus of collective bargaining according to the content?
What is the principal focus of collective bargaining according to the content?
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What is a significant consideration when adjudicators apply the CLC?
What is a significant consideration when adjudicators apply the CLC?
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What does the content suggest is essential for effective industrial relations?
What does the content suggest is essential for effective industrial relations?
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Which of the following best describes the aim of Canada's labour legislation and policy?
Which of the following best describes the aim of Canada's labour legislation and policy?
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What is a key right of employers under the CLC during bargaining?
What is a key right of employers under the CLC during bargaining?
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What typically occurs if employees demonstrate majority support for decertification of a union?
What typically occurs if employees demonstrate majority support for decertification of a union?
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Under what condition cannot decertification occur?
Under what condition cannot decertification occur?
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If an employer sells a business, what happens to the union representing the employees?
If an employer sells a business, what happens to the union representing the employees?
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What is the time frame for parties to meet and begin bargaining after notice has been given?
What is the time frame for parties to meet and begin bargaining after notice has been given?
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What must employees demonstrate to decertify a union?
What must employees demonstrate to decertify a union?
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Which of the following could lead to immediate decertification without a vote?
Which of the following could lead to immediate decertification without a vote?
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What is the primary goal of the CLC regarding bargaining rights?
What is the primary goal of the CLC regarding bargaining rights?
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What is one of the duties imposed on employers by the Work Place Harassment and Violence Prevention Regulations?
What is one of the duties imposed on employers by the Work Place Harassment and Violence Prevention Regulations?
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Whose responsibility is it to ensure employees receive training regarding harassment and violence prevention?
Whose responsibility is it to ensure employees receive training regarding harassment and violence prevention?
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What is a key responsibility of line management regarding hazard prevention programs?
What is a key responsibility of line management regarding hazard prevention programs?
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What must employers provide to federally regulated employees within the first 30 days of employment?
What must employers provide to federally regulated employees within the first 30 days of employment?
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If an individual is dissatisfied with the handling of a workplace complaint, to whom can they escalate their complaint?
If an individual is dissatisfied with the handling of a workplace complaint, to whom can they escalate their complaint?
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How often must employers update the written employment statement after its initial provision?
How often must employers update the written employment statement after its initial provision?
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What is the employer's responsibility if an employee is found guilty of harassment?
What is the employer's responsibility if an employee is found guilty of harassment?
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What should not be part of the investigation process for incidents of harassment and violence?
What should not be part of the investigation process for incidents of harassment and violence?
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Which of the following is NOT a component that line management must ensure is implemented for effective hazard prevention?
Which of the following is NOT a component that line management must ensure is implemented for effective hazard prevention?
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What aspect of the harassment and violence provisions remains uncertain?
What aspect of the harassment and violence provisions remains uncertain?
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In the context of the Canada Labour Code, what aspect does Part III not specifically require from employers related to employment statements?
In the context of the Canada Labour Code, what aspect does Part III not specifically require from employers related to employment statements?
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What action must be taken if a workplace incident occurs, as outlined for line management responsibilities?
What action must be taken if a workplace incident occurs, as outlined for line management responsibilities?
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What is specifically noted about the qualifications of investigators under the Work Place Harassment and Violence Prevention Regulations?
What is specifically noted about the qualifications of investigators under the Work Place Harassment and Violence Prevention Regulations?
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Which legal framework must most federal employers and employees reference for employment standards?
Which legal framework must most federal employers and employees reference for employment standards?
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What responsibility do both employers and employees have under sections 125 and 126 of the CLC?
What responsibility do both employers and employees have under sections 125 and 126 of the CLC?
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What sets the Canada Labour Code apart from employment standards in provincial legislation for non-union employees?
What sets the Canada Labour Code apart from employment standards in provincial legislation for non-union employees?
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Study Notes
Learning Outcomes
- Canada Labour Code (CLC) governs some employers and employees
- CLC is divided into three parts
- Part I covers industrial relations issues, unionization, and dispute resolution
- Part II covers occupational health and safety
- Part III covers employment standards (e.g., hours, wages, vacations, and holidays)
- Employees in federal sector can form a union
- Employees have the right to strike, and employers can lock employees out under certain conditions
- Unfair labour practices are discussed, along with examples
- Key employer and employee rights in workplace health and safety are discussed
- Unique unjust dismissal rules under the CLC are discussed
- Danger is defined in the CLC, and a legal test determines if danger exists
Introduction
- The Canada Labour Code (CLC) applies to federally-regulated employers and employees
- Industries covered often operate across provinces or territories
- Includes industries related to federal government activities (e.g., Canada Post)
- Examples of federally-regulated sectors include air transport, banks, grain elevators, and federal Crown corporations
- The CLC does not supersede provincial labour codes
- Part I addresses industrial relations, including unionization
- Part II addresses occupational health and safety
- Part IV addresses administrative matters
First Nation Reserve School Not a Federal Undertaking
- Marszalek, a teacher at a First Nations school, was dismissed and filed an unjust dismissal complaint.
- The school board argued that the arbitration lacked jurisdiction as the operations of the school were not a federal undertaking.
- The school received funding from both the federal and provincial governments.
- The school was established by the chief and council of the First Nation.
- Marszalek argued that the CLC applied due to First Nations involvement.
- The adjudicator, using a functional test, decided that the school was not a federal undertaking and that the appropriate legislation was Alberta's Employment Standards Code.
Review and Discussion Questions
- Employee rights related to unionization, strikes, and collective bargaining are discussed.
- Ways to balance employer-employee power imbalances beyond unionization are explored
- A hypothetical situation where all employees are automatically unionized is considered.
- Analysis of a specific situation involving an employee's workplace injury and possible legal coverage is provided.
- The "danger" concept in occupational health and safety legislation is compared between federal and provincial laws, with possibilities for different interpretations.
- A hypothetical scenario of an employee dismissal is analyzed regarding just cause requirements.
- A hypothetical scenario of a small airline facing revenue decline and potential mass employee terminations is explored.
- A scenario about an employee who experiences psychological abuse from their boyfriend is provided, as well as measures to implement based on the CLC.
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Description
Test your knowledge on the Canada Labour Code, including its key concepts, application in various industries, and minimum wage requirements. Explore unfair labor practices and the role of the Canada Industrial Relations Board. Understand important human rights and international labor conventions associated with the code.
