Podcast
Questions and Answers
What should employers do when hiring for positions that require specific degrees?
What should employers do when hiring for positions that require specific degrees?
- Conduct informal interviews with previous employers.
- Verify degrees directly with the listed institutions. (correct)
- Ask for personal references only.
- Rely on the applicant's certification alone.
What is required before conducting police records checks on job applicants?
What is required before conducting police records checks on job applicants?
- A mandatory waiting period of two weeks.
- Consent from the employer.
- Informed consent from the candidate. (correct)
- A documented reason for the check.
When should background checks be conducted to protect employers from liability?
When should background checks be conducted to protect employers from liability?
- Before a conditional offer of employment is made.
- After a conditional offer of employment is made. (correct)
- At any stage of the hiring process.
- After the first interview.
Which type of employee is generally not entitled to termination notice or pay in lieu of notice?
Which type of employee is generally not entitled to termination notice or pay in lieu of notice?
What is a requirement for employees to be eligible for benefits under the EI system?
What is a requirement for employees to be eligible for benefits under the EI system?
What role do administrative agencies or commissions play in employment law?
What role do administrative agencies or commissions play in employment law?
How is the relationship between independent contractors and employees characterized?
How is the relationship between independent contractors and employees characterized?
What is the purpose of the Meiorin three-part test in employment law?
What is the purpose of the Meiorin three-part test in employment law?
What does the Digital Platform Workers' Rights Act, 2022 aim to achieve?
What does the Digital Platform Workers' Rights Act, 2022 aim to achieve?
Which statement about human rights legislation in Canada is true?
Which statement about human rights legislation in Canada is true?
In the context of employment law, what does an agent do?
In the context of employment law, what does an agent do?
What characteristic distinguishes the expanded definition of discrimination in employment law?
What characteristic distinguishes the expanded definition of discrimination in employment law?
What could result in proving undue hardship for an employer under the Meiorin test?
What could result in proving undue hardship for an employer under the Meiorin test?
What is a key feature of Alberta’s Human Rights Code regarding its applicability?
What is a key feature of Alberta’s Human Rights Code regarding its applicability?
Which of the following is prohibited under the Alberta Human Rights Code?
Which of the following is prohibited under the Alberta Human Rights Code?
Which statement is true regarding the intent required for discrimination under the Code?
Which statement is true regarding the intent required for discrimination under the Code?
What type of remedies does the Alberta Human Rights Code provide?
What type of remedies does the Alberta Human Rights Code provide?
Which of the following is an exemption under the Alberta Human Rights Code?
Which of the following is an exemption under the Alberta Human Rights Code?
At which stage of the employment relationship does the Alberta Human Rights Code apply?
At which stage of the employment relationship does the Alberta Human Rights Code apply?
Under what condition can discrimination be deemed justified according to the Code?
Under what condition can discrimination be deemed justified according to the Code?
What must employers ensure regarding job positions in the context of the Alberta Human Rights Code?
What must employers ensure regarding job positions in the context of the Alberta Human Rights Code?
Which type of organizations might be exempt from certain provisions of the Human Rights Code?
Which type of organizations might be exempt from certain provisions of the Human Rights Code?
What impact does the Alberta Human Rights Code have on employment decisions?
What impact does the Alberta Human Rights Code have on employment decisions?
What may an employee be entitled to if inducement is shown and they are subsequently dismissed?
What may an employee be entitled to if inducement is shown and they are subsequently dismissed?
Which of the following is not a recommended practice for employers regarding employment contracts?
Which of the following is not a recommended practice for employers regarding employment contracts?
What do restrictive covenants aim to prevent?
What do restrictive covenants aim to prevent?
What constitutes an anticipatory breach of contract?
What constitutes an anticipatory breach of contract?
Which scenario could potentially expose an employer to liability for negligent hiring?
Which scenario could potentially expose an employer to liability for negligent hiring?
Under what conditions are non-competition clauses prohibited according to the 2021 amendments?
Under what conditions are non-competition clauses prohibited according to the 2021 amendments?
What must an employee demonstrate in a successful action for anticipatory breach of contract?
What must an employee demonstrate in a successful action for anticipatory breach of contract?
Why should employers avoid advising candidates about their obligations to their current employer?
Why should employers avoid advising candidates about their obligations to their current employer?
What should be included in employment contracts to protect both parties?
What should be included in employment contracts to protect both parties?
Which of the following actions can increase the risk of wrongful dismissal claims?
Which of the following actions can increase the risk of wrongful dismissal claims?
What is the employer’s obligation regarding accommodation for employees?
What is the employer’s obligation regarding accommodation for employees?
What should be avoided when advertising job positions?
What should be avoided when advertising job positions?
When can interview questions related to prohibited grounds be asked?
When can interview questions related to prohibited grounds be asked?
When should requests for information revealing protected class status be made?
When should requests for information revealing protected class status be made?
What type of testing may be considered discriminatory?
What type of testing may be considered discriminatory?
What should employers do if candidates test positive for substances?
What should employers do if candidates test positive for substances?
Which practice is considered a best approach in recruitment?
Which practice is considered a best approach in recruitment?
What is a common misconception regarding overqualified candidates?
What is a common misconception regarding overqualified candidates?
What is the condition under which pre-employment medical exams should occur?
What is the condition under which pre-employment medical exams should occur?
What is the role of employment agencies regarding human rights?
What is the role of employment agencies regarding human rights?
Federal employment law applies to all industries without restrictions.
Federal employment law applies to all industries without restrictions.
The Canadian Charter of Rights and Freedoms specifically addresses employment law.
The Canadian Charter of Rights and Freedoms specifically addresses employment law.
Contract law is one of the two branches of common law that affect employment.
Contract law is one of the two branches of common law that affect employment.
Tort law deals exclusively with criminal law violations in the context of employment.
Tort law deals exclusively with criminal law violations in the context of employment.
The notwithstanding clause is the most important guarantee of employment law from a Charter perspective.
The notwithstanding clause is the most important guarantee of employment law from a Charter perspective.
Alberta’s Human Rights Code allows for contracting out of its provisions.
Alberta’s Human Rights Code allows for contracting out of its provisions.
The Alberta Human Rights Code provides criminal penalties for violations.
The Alberta Human Rights Code provides criminal penalties for violations.
Discrimination is considered a breach of the Alberta Human Rights Code even if it is only one of multiple reasons for an employment decision.
Discrimination is considered a breach of the Alberta Human Rights Code even if it is only one of multiple reasons for an employment decision.
The Alberta Human Rights Code applies only to the hiring phase of the employment relationship.
The Alberta Human Rights Code applies only to the hiring phase of the employment relationship.
Special service organizations may be exempt from certain provisions of the Alberta Human Rights Code.
Special service organizations may be exempt from certain provisions of the Alberta Human Rights Code.
Employers are required to screen out candidates they consider overqualified.
Employers are required to screen out candidates they consider overqualified.
Pre-employment medical exams must take place before a conditional offer of employment.
Pre-employment medical exams must take place before a conditional offer of employment.
Employers are allowed to ask any questions during interviews that pertain to protected grounds.
Employers are allowed to ask any questions during interviews that pertain to protected grounds.
Advertising job positions through word of mouth is a recommended practice.
Advertising job positions through word of mouth is a recommended practice.
Alcohol and drug testing can be discriminatory because substance dependencies are considered disabilities.
Alcohol and drug testing can be discriminatory because substance dependencies are considered disabilities.
Employers must prove undue hardship on a balance of probabilities.
Employers must prove undue hardship on a balance of probabilities.
Job advertisements should include qualifications that exclude protected groups.
Job advertisements should include qualifications that exclude protected groups.
Requests for information disclosing protected class inclusion can be made during the initial application process.
Requests for information disclosing protected class inclusion can be made during the initial application process.
Employers can conduct drug testing without considering the nature of the job.
Employers can conduct drug testing without considering the nature of the job.
Employment agencies have no obligation to comply with human rights requirements.
Employment agencies have no obligation to comply with human rights requirements.
Federal employment law is restricted by the Constitution Act, 1867 to industries of national ______.
Federal employment law is restricted by the Constitution Act, 1867 to industries of national ______.
The Canadian Charter of Rights and Freedoms was adopted as part of the Constitution Act, ______.
The Canadian Charter of Rights and Freedoms was adopted as part of the Constitution Act, ______.
The law that has developed from court decisions is called ______.
The law that has developed from court decisions is called ______.
Contract law regulates contractual relationships, including the terms and conditions of ______ employment.
Contract law regulates contractual relationships, including the terms and conditions of ______ employment.
The most important Charter guarantee from an employment perspective is section ______.
The most important Charter guarantee from an employment perspective is section ______.
The Alberta Human Rights Code prohibits discrimination in employment on __ grounds.
The Alberta Human Rights Code prohibits discrimination in employment on __ grounds.
Employers cannot contract out of the __.
Employers cannot contract out of the __.
The Alberta Human Rights Code provides for civil remedies and not __ penalties.
The Alberta Human Rights Code provides for civil remedies and not __ penalties.
An exemption under the Alberta Human Rights Code may apply if an employer reaches a point of __ hardship.
An exemption under the Alberta Human Rights Code may apply if an employer reaches a point of __ hardship.
The Code is considered __ legislation.
The Code is considered __ legislation.
Employers have a duty to accommodate to the point of _____ hardship.
Employers have a duty to accommodate to the point of _____ hardship.
Job advertising through word of mouth may perpetuate the _____ quo.
Job advertising through word of mouth may perpetuate the _____ quo.
Employers may only include questions that touch on a prohibited ground if they relate to a _____ or fall under an exemption.
Employers may only include questions that touch on a prohibited ground if they relate to a _____ or fall under an exemption.
Requests for information that may disclose inclusion in a protected _____ should be left until after a conditional offer of employment has been made.
Requests for information that may disclose inclusion in a protected _____ should be left until after a conditional offer of employment has been made.
Pre-employment alcohol and drug testing may be considered _____.
Pre-employment alcohol and drug testing may be considered _____.
Employers should be prepared to _____ candidates who test positive.
Employers should be prepared to _____ candidates who test positive.
Advertisements should not contain qualifications that directly or indirectly _____ or exclude members of protected groups.
Advertisements should not contain qualifications that directly or indirectly _____ or exclude members of protected groups.
Tests that measure job-related skills are _____ but should take care to avoid discriminatory requirements.
Tests that measure job-related skills are _____ but should take care to avoid discriminatory requirements.
Pre-employment medical or fitness exams should take place only after a conditional _____ of employment has been made.
Pre-employment medical or fitness exams should take place only after a conditional _____ of employment has been made.
Employment agencies must comply with all human _____ requirements.
Employment agencies must comply with all human _____ requirements.
What is a significant limitation of federal employment law in Canada?
What is a significant limitation of federal employment law in Canada?
Which section of the Canadian Charter of Rights and Freedoms is most important from an employment perspective?
Which section of the Canadian Charter of Rights and Freedoms is most important from an employment perspective?
What principle is established by the doctrine of stare decisis in common law?
What principle is established by the doctrine of stare decisis in common law?
Which branch of common law regulates the terms and conditions of non-union employment?
Which branch of common law regulates the terms and conditions of non-union employment?
What does tort law cover in the context of employment?
What does tort law cover in the context of employment?
What is the main focus of Alberta's Human Rights Code regarding employment?
What is the main focus of Alberta's Human Rights Code regarding employment?
Which of the following statements about exemptions under Alberta's Human Rights Code is accurate?
Which of the following statements about exemptions under Alberta's Human Rights Code is accurate?
At which stage of the employment relationship does the Alberta Human Rights Code apply?
At which stage of the employment relationship does the Alberta Human Rights Code apply?
Which statement best describes the nature of the Alberta Human Rights Code?
Which statement best describes the nature of the Alberta Human Rights Code?
What is not necessary to prove under the Alberta Human Rights Code for discrimination claims?
What is not necessary to prove under the Alberta Human Rights Code for discrimination claims?
What is the primary obligation of employers regarding accommodation for employees?
What is the primary obligation of employers regarding accommodation for employees?
Which practice is recommended for job advertisements to avoid discrimination?
Which practice is recommended for job advertisements to avoid discrimination?
At what stage should requests for information revealing protected class status be made?
At what stage should requests for information revealing protected class status be made?
What type of medical testing may be considered discriminatory if conducted before employment?
What type of medical testing may be considered discriminatory if conducted before employment?
What should employers avoid when selecting candidates deemed to be overqualified?
What should employers avoid when selecting candidates deemed to be overqualified?
Which type of questions are employers restricted from asking during interviews?
Which type of questions are employers restricted from asking during interviews?
What is the implication of conducting pre-employment medical exams?
What is the implication of conducting pre-employment medical exams?
What type of recruitment practice could perpetuate exclusion of certain groups?
What type of recruitment practice could perpetuate exclusion of certain groups?
What condition applies to tests that measure job-related skills?
What condition applies to tests that measure job-related skills?
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Study Notes
Judicial Framework
- Administrative tribunals address specialized areas like employment standards and discrimination.
- Agencies can investigate complaints and issue rulings.
Defining the Employment Relationship
- An individual can be an independent contractor for taxes but an employee for wrongful dismissal cases.
- The Digital Platform Workers' Rights Act, 2022, will offer protections for gig workers.
- An agent acts on behalf of a principal in dealings with third parties.
Human Rights Statutes in Canada
- Provincial and territorial human rights statutes govern both individuals and corporations.
- Prohibit discrimination across various social areas, expanding beyond intentional acts.
Meiorin Three-Part Test
- Determines Bona Fide Occupational Requirements (BFOR):
- Requirement must be rationally connected to job performance.
- The belief in necessity for a legitimate business purpose must be honest.
- Must be reasonably necessary to achieve the purpose, avoiding undue hardship on the employer.
Overview of Alberta’s Human Rights Code
- Applies to public and private sectors and individual conduct.
- Prohibits discrimination based on 16 grounds and sexual harassment; intent is not necessary.
- Civil remedies available; no option to contract out of compliance with the Code.
- The Code prevails in case of conflicts with other statutes, unless explicitly stated otherwise.
Exceptions in the Alberta Human Rights Code
- Allows discrimination under special service organizations, BFOR/BFOQ, undue hardship, and affirmative action programs.
Recruitment, Selection, and Hiring
- Protects job applicants; discrimination can be considered even when a prohibited ground is one of multiple reasons.
- Essential duties of positions must be clearly defined.
- Duty to accommodate candidates exists until undue hardship is demonstrated.
Best Practices in Hiring
- Employment agencies must adhere to human rights laws.
- Job advertisements should not discourage protected groups; broad advertising is preferred.
- Application questions must avoid classifying candidates by prohibited grounds.
- Pre-employment medical tests should be conducted post-conditional offer to avoid discrimination.
Common Law Liabilities in Employment
- Inducements can lead to larger wrongful dismissal damages.
- Transparency about jobs and future prospects is crucial for employers.
- Restrictive covenants may limit employee competition; only applicable in specific situations post-2021 amendments.
- Anticipatory breach occurs when an employment offer is withdrawn after acceptance, requiring proof of damages for claims.
Negligent Hiring Liability
- Failing to verify candidate information could result in liability if harm occurs.
- Background checks, including verifying degrees, must comply with privacy and discrimination regulations.
- Police record checks are necessary for sensitive positions, requiring consent.
Types of Employment Relationships
- Employment can be permanent, temporary, casual, agency/temps, or temporary foreign workers.
- Ontario generally does not distinguish between employee types for statutory rights.
- Temporary employees typically do not receive termination notice or pay unless specified.
Sources of Employment Law
- Federal employment law, guided by the Constitution Act, 1867, applies to industries of national importance.
- Key federal statutes include:
- Canada Labour Code
- Canadian Human Rights Act
- Employment Equity Act
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- The Canadian Charter of Rights and Freedoms, part of the Constitution Act, 1982, affects workplace rights, notably through section 15 (equality rights) and section 33 (notwithstanding clause).
- Common law evolves from court decisions, operating on the principle of precedent (stare decisis), where higher court rulings bind lower courts.
- Relevant branches of common law affecting employment:
- Contract law: Governs non-union employment relationships.
- Tort law: Addresses civil wrongs, both deliberate and negligent.
Overview of Alberta’s Human Rights Code
- Applies to both private and public sectors, prohibiting discrimination based on 16 grounds and sexual harassment.
- Creates civil remedies, not criminal penalties; the Code takes precedence over conflicting statutes unless stated otherwise.
- The Code covers all stages of employment, including recruitment.
- Exemptions include special service organizations, bona fide occupational qualifications, reasonable and justifiable practices, undue hardship, and affirmative action programs.
Recruitment, Selection, and Hiring
- Protects job applicants and employees; discrimination can be an influence even among multiple reasons for hiring decisions.
- Employers must clearly define essential job duties and accommodate to the point of undue hardship.
- Employment agencies must adhere to human rights standards; job advertisements should promote inclusivity and avoid discriminatory language.
- Interview questions should only relate to bona fide occupational requirements unless exempted.
- Background information requests should occur after a conditional offer; pre-employment medical exams should also happen post-offer.
- Pre-employment alcohol and drug tests may be discriminatory; assessments must focus on job-related skills.
Areas of Common Law Liability
- Inducement claims arise if an employee is dismissed after being misled about job prospects, possibly leading to higher wrongful dismissal damages.
- Employers should keep job descriptions honest and contract details clear to avoid liability.
- Restrictive covenants restrict employee competition after leaving a job; recent amendments limit non-compete clauses.
- Anticipatory breach occurs when an employer goes back on an accepted offer before employment starts.
- Employers could face negligent hiring liability if they fail to verify candidate information, especially for high-risk positions.
- Candidates must consent to police checks; background checks are best conducted post-conditional job offer to reduce liability.
Different Types of Employment Relationships
- Employment types include permanent full-time, part-time, temporary, casual, agency/temporary workers, and temporary foreign workers.
- Employment statutes in Ontario typically treat all employees similarly, but temporary workers usually lack entitlement to notice or pay upon termination.
- To qualify for Employment Insurance benefits, employees must have a sufficient number of hours in insurable employment.
Sources of Employment Law
- Federal employment law is limited to industries of national importance, guided by the Constitution Act, 1867.
- Key federal statutes:
- Canada Labour Code: Governs labor relations and workplace standards.
- Canadian Human Rights Act: Prohibits discrimination and promotes equality.
- Employment Equity Act: Aims to improve employment opportunities for marginalized groups.
- Personal Information Protection and Electronic Documents Act (PIPEDA): Regulates privacy in handling personal data.
Canadian Charter of Rights and Freedoms
- Adopted in the Constitution Act, 1982, the Charter affects workplace rights, although it does not specifically address employment law.
- Section 15: Guarantees equality rights, critical in employment contexts.
- Section 33 ("notwithstanding clause"): Allows legislation to operate despite conflicting Charter provisions.
Common Law Framework
- Developed from court decisions, common law operates on precedent; decisions from higher courts bind lower courts through the principle of stare decisis.
- Two branches impacting employment law:
- Contract Law: Governs employment agreements and conditions in non-union settings.
- Tort Law: Addresses civil wrongs, encompassing both deliberate and negligent acts.
Overview of Alberta’s Human Rights Code
- Applies universally to private and public sectors, prohibiting discrimination on 16 grounds, including sexual harassment.
- Discrimination focus is on effect rather than intent.
- Civil remedies are provided, not criminal penalties; the Code prevails over conflicting statutes unless otherwise specified.
- Protects various stages of the employment relationship, from recruitment to termination.
Exemptions in Discrimination Law
- Discrimination may be allowed for:
- Special Service Organizations.
- Bona Fide Occupational Qualifications (BFOQ/BFOR).
- Situations deemed reasonable and justifiable.
- Cases of undue hardship faced by the employer.
- Affirmative action programs.
Recruitment, Selection, and Hiring Practices
- Employers must avoid ads or hiring practices that may discourage protected groups from applying.
- Discriminatory questions are prohibited during applications and interviews, except in relation to BFOR/BFOQ exemptions.
- Background checks, including police records, require informed consent and should occur post-conditional offer to minimize liability.
Different Types of Employment Relationships
- Categories include:
- Permanent full-time or part-time employees.
- Temporary or contract workers.
- Casual and agency/temporary positions.
- Temporary foreign workers.
- Most employment statutes treat all types similarly, but temporary roles often lack termination notice rights.
Employment Contracts
- Contracts must include offer, acceptance, and consideration to be binding; oral agreements can suffice if elements are present.
- Written contracts reduce misunderstandings and detail contentious issues, addressing key areas like job description, remuneration, termination conditions, and employee rights.
Common Contractual Terms
- Customized contracts ensure relevancy to individual roles. Essential terms may include:
- Job responsibilities and remuneration.
- Duration and termination clauses, with specifications on cause and duty to mitigate.
- Probationary periods, relocation policies, and remote work conditions.
- Considerations for benefits, intellectual property ownership, and restrictions on competition post-employment.
Areas of Common Law Liability
- Employers have increased duty of care related to positions exposing others to risk.
- Verification of qualifications is critical; credit checks must comply with legislation.
- Use of social media for background checks requires caution to prevent discrimination.
Sources of Employment Law
- Federal employment law, guided by the Constitution Act, 1867, applies to industries of national importance.
- Key federal statutes include:
- Canada Labour Code
- Canadian Human Rights Act
- Employment Equity Act
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- The Canadian Charter of Rights and Freedoms, part of the Constitution Act, 1982, affects workplace rights, notably through section 15 (equality rights) and section 33 (notwithstanding clause).
- Common law evolves from court decisions, operating on the principle of precedent (stare decisis), where higher court rulings bind lower courts.
- Relevant branches of common law affecting employment:
- Contract law: Governs non-union employment relationships.
- Tort law: Addresses civil wrongs, both deliberate and negligent.
Overview of Alberta’s Human Rights Code
- Applies to both private and public sectors, prohibiting discrimination based on 16 grounds and sexual harassment.
- Creates civil remedies, not criminal penalties; the Code takes precedence over conflicting statutes unless stated otherwise.
- The Code covers all stages of employment, including recruitment.
- Exemptions include special service organizations, bona fide occupational qualifications, reasonable and justifiable practices, undue hardship, and affirmative action programs.
Recruitment, Selection, and Hiring
- Protects job applicants and employees; discrimination can be an influence even among multiple reasons for hiring decisions.
- Employers must clearly define essential job duties and accommodate to the point of undue hardship.
- Employment agencies must adhere to human rights standards; job advertisements should promote inclusivity and avoid discriminatory language.
- Interview questions should only relate to bona fide occupational requirements unless exempted.
- Background information requests should occur after a conditional offer; pre-employment medical exams should also happen post-offer.
- Pre-employment alcohol and drug tests may be discriminatory; assessments must focus on job-related skills.
Areas of Common Law Liability
- Inducement claims arise if an employee is dismissed after being misled about job prospects, possibly leading to higher wrongful dismissal damages.
- Employers should keep job descriptions honest and contract details clear to avoid liability.
- Restrictive covenants restrict employee competition after leaving a job; recent amendments limit non-compete clauses.
- Anticipatory breach occurs when an employer goes back on an accepted offer before employment starts.
- Employers could face negligent hiring liability if they fail to verify candidate information, especially for high-risk positions.
- Candidates must consent to police checks; background checks are best conducted post-conditional job offer to reduce liability.
Different Types of Employment Relationships
- Employment types include permanent full-time, part-time, temporary, casual, agency/temporary workers, and temporary foreign workers.
- Employment statutes in Ontario typically treat all employees similarly, but temporary workers usually lack entitlement to notice or pay upon termination.
- To qualify for Employment Insurance benefits, employees must have a sufficient number of hours in insurable employment.
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