Employment Law Overview

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Questions and Answers

What term refers to the system that establishes precedents and relies heavily on previous court decisions?

Common law (correct)

Civil law

Statute law

Administrative law

Which term describes the authority of a court to hear cases of a particular kind?

Jurisdiction (correct)

Just cause

Tort law

Burden of proof

What document is viewed as a fundamental law in Canada that is invoked in matters concerning rights?

Canadian Charter of Rights and Freedoms (correct)

Civil Code

Employment Standards Act

Tort Reform Act

Which legal principle requires lower courts to follow the precedents set by higher courts?

Stare decisis Signup and view all the answers

In employment law, what is the term for the legal requirement for an employer to provide notice before termination?

Pay in lieu of notice Signup and view all the answers

Under what condition may a tribunal's decision be overturned?

If it is deemed 'unreasonable' Signup and view all the answers

What standard of review is used for questions of law outside a tribunal's expertise?

Correctness standard Signup and view all the answers

Which case emphasized the concept of 'unreasonable' decisions in reviewing court judgments?

Dunsmuir v New Brunswick Signup and view all the answers

What is the primary role of administrative agencies below tribunals?

To investigate complaints and issue rulings Signup and view all the answers

What does the deferential standard of review acknowledge?

The expertise of specialized tribunals Signup and view all the answers

What factors characterize a decision considered 'unreasonable'?

Fall outside acceptable outcomes Signup and view all the answers

Which agency in BC plays a crucial role in workplace education?

Employment Standards Branch Signup and view all the answers

What is a common function of agencies like the Employment Standards Agency in Alberta?

Administering laws related to workplace standards Signup and view all the answers

Which judicial principle does a tribunal's reasoned decision illustrate?

Fairness in resolution Signup and view all the answers

What is a key characteristic of the decision-making process of administrative tribunals?

Deferring to expertise and experience Signup and view all the answers

What was the main legal issue regarding Vriend's case?

Omission of sexual orientation from human rights legislation Signup and view all the answers

What was the Supreme Court's conclusion regarding sexual orientation?

It should be read into Alberta’s human rights law as a protected ground. Signup and view all the answers

How did the court view the omission of sexual orientation in the human rights law?

As equivalent to explicit discrimination against certain groups. Signup and view all the answers

What argument did the Alberta government present regarding the IRPA?

It did not require revision since it treated homosexuals and heterosexuals equally. Signup and view all the answers

According to the Court, how did the social reality of discrimination affect the case?

It indicated that the omission negatively affected homosexual individuals more. Signup and view all the answers

What was a significant consequence of the Supreme Court's ruling?

It included sexual orientation as a protected characteristic under human rights law. Signup and view all the answers

What did the Court say about the denial of protection through legislative omission?

It can have serious and grave consequences just like explicit exclusion. Signup and view all the answers

What was the reaction of the trial judge to Vriend's case before the appeal?

He agreed with Vriend's position. Signup and view all the answers

Which organization was ultimately involved in the appeal process of Vriend's case?

The Supreme Court of Canada Signup and view all the answers

What is the purpose of awarding damages in a successful lawsuit based on an individual employment contract?

To place the plaintiff in the position they would have been in if the contract was not breached Signup and view all the answers

In a wrongful dismissal action, what type of compensation is typically awarded to the plaintiff?

Wages and benefits that would have been received with reasonable notice Signup and view all the answers

What is required for unionized employees before they can be terminated?

The employer must have just cause Signup and view all the answers

In a non-unionized or provincially regulated workplace, under what condition can an employer end an employment relationship?

The employer may end employment for any reason as long as it is not discriminatory and gives sufficient notice Signup and view all the answers

What is the preferred remedy for employees terminated without just cause in a unionized workplace?

Reinstatement to their original position Signup and view all the answers

What distinguishes the remedies available to non-unionized employees from those in unionized sectors?

Non-unionized employees are rarely offered reinstatement as a remedy Signup and view all the answers

Which legislation affirms the just cause requirement for dismissals in federally regulated sectors?

The Canada Labour Code Signup and view all the answers

What type of conduct may warrant dismissal without notice?

Serious employee misconduct Signup and view all the answers

What scenario typically does NOT require just cause for termination in non-union environments?

Company downsizing Signup and view all the answers

If an employee is discharged without just cause in a unionized sector, what is one remedy that could be pursued?

Reinstatement to their original job position Signup and view all the answers

What is the first step a judge takes when dealing with legislation?

Look at past court decisions involving similar legislation Signup and view all the answers

What is the purpose of the mischief rule in statutory interpretation?

To analyze the mischief that a statute aims to correct Signup and view all the answers

In the case of 1254582 Alberta Ltd v Miscellaneous Employees Teamsters Local Union 987 of Alberta, what was a key issue assessed by the court?

The classification of taxi drivers as either employees or independent contractors Signup and view all the answers

How did the Alberta Labour Relations Board categorize the taxi drivers in the relevant case?

As employees entitled to wages Signup and view all the answers

What does the term 'wages' refer to in the context of the Alberta Labour Relations Code?

Passenger fares collected by taxi drivers on behalf of the company Signup and view all the answers

Which strategy is NOT part of the judicial process when interpreting legislation?

Implementing new and undefined interpretations of statutes Signup and view all the answers

What key outcome did the Alberta Court of Queen’s Bench aim to achieve in its ruling related to the taxi drivers?

To clarify the definition of employee status under the Code Signup and view all the answers

Study Notes

Part I: The Legal Framework

This textbook chapter provides an overview of employment law concepts, statutes, how law is made and evolves, and the role of judges and administrative tribunals in interpretation and enforcement.
Workers in Alberta and British Columbia have different legal protections depending on the location, nature of work, and employee or contractor status.
Employers in specific industries may be subject to federal, rather than provincial, legislation.
Chapter 2 discusses judge-made employment law, known as common law.
The chapter distinguishes between employees and independent contractors and examines legal implications.
While the primary focus is non-union workplaces, employers should be aware of differences when dealing with unionized employees or potential unionization.
Chapter 3 explores labour relations codes in both provinces, regulating unionization, collective bargaining, strikes, and issues arising between employers and unionized employees.
Chapter 4 outlines the Canada Labour Code, safeguarding employees in industries of national interest (e.g., transportation, telecommunications, banking, government).
The Canada Labour Code includes protections for both unionized and non-unionized workplaces, occupational health and safety, and minimum employment standards.

Learning Outcomes

Reviewing the three key sources of employment law.
Understanding how employment laws change over time.
Differentiating between provincial and federal employment law jurisdiction.
Recognizing the relevance of the Canadian Charter of Rights and Freedoms.
Reviewing employment-related statutes in British Columbia, Alberta, and federal law.
Studying the judicial and administrative systems for interpreting employment laws.
Learning to locate relevant statutes and case law.

Sources of Employment Law

Statute law (legislation passed by the government).
Constitutional law (specifically, the Canadian Charter of Rights and Freedoms).
Common law (judge-made law).
The relative importance of each source varies with the specific area of law.

Statute Law

Statutes, legislation, or acts are laws made and passed by federal or provincial governments.
Statutes are passed to provide employees with additional protections or rights.
Examples include minimum wage, vacation entitlements, and anti-discrimination laws.
Statutes are regularly amended to reflect changing social needs and values.

How Statutes are Made

A statute, in the form of a bill, is introduced in the appropriate legislative body (House of Commons or provincial legislature).
Legislation must pass several readings and committee considerations within a legislative body to become a statute.
Bills may be public, private, or introduced by private members.
Once approved and passed by both houses of the legislature, it's typically considered a statute.
Courts can review and either validate or invalidate a law.

Statutory Jurisdiction and Interpretation

Courts and administrative tribunals interpret laws, with their jurisdiction set by statutes and subject matter.
Judges and tribunals may use precedents from prior decisions to guide interpretation.
Mischief Rules help courts understand the intent of law and connect it to the issue at hand.

Statutory Interpretation in Courts

Courts examine past rulings related to legislation and similar facts to determine appropriate interpretation.
Courts may apply mischief rule – focusing on the specific issue or problem that the legislation seeks to address.

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Description

This chapter provides a comprehensive overview of employment law, including the distinctions between employees and independent contractors, and the influence of provincial and federal statutes. It also touches on the role of judges and administrative tribunals in the evolution of the law. Understanding these legal frameworks is crucial for both employers and employees in Alberta and British Columbia.

Employment Law Overview - Chapter 2

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