Employment Law Overview - Chapter 2
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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?

<p>Stare decisis (B)</p> 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?

<p>Pay in lieu of notice (A)</p> Signup and view all the answers

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

<p>If it is deemed 'unreasonable' (D)</p> Signup and view all the answers

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

<p>Correctness standard (B)</p> Signup and view all the answers

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

<p>Dunsmuir v New Brunswick (A)</p> Signup and view all the answers

What is the primary role of administrative agencies below tribunals?

<p>To investigate complaints and issue rulings (B)</p> Signup and view all the answers

What does the deferential standard of review acknowledge?

<p>The expertise of specialized tribunals (D)</p> Signup and view all the answers

What factors characterize a decision considered 'unreasonable'?

<p>Fall outside acceptable outcomes (A)</p> Signup and view all the answers

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

<p>Employment Standards Branch (C)</p> Signup and view all the answers

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

<p>Administering laws related to workplace standards (A)</p> Signup and view all the answers

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

<p>Fairness in resolution (C)</p> Signup and view all the answers

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

<p>Deferring to expertise and experience (D)</p> Signup and view all the answers

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

<p>Omission of sexual orientation from human rights legislation (C)</p> Signup and view all the answers

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

<p>It should be read into Alberta’s human rights law as a protected ground. (A)</p> Signup and view all the answers

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

<p>As equivalent to explicit discrimination against certain groups. (C)</p> Signup and view all the answers

What argument did the Alberta government present regarding the IRPA?

<p>It did not require revision since it treated homosexuals and heterosexuals equally. (D)</p> Signup and view all the answers

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

<p>It indicated that the omission negatively affected homosexual individuals more. (A)</p> Signup and view all the answers

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

<p>It included sexual orientation as a protected characteristic under human rights law. (B)</p> Signup and view all the answers

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

<p>It can have serious and grave consequences just like explicit exclusion. (B)</p> Signup and view all the answers

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

<p>He agreed with Vriend's position. (A)</p> Signup and view all the answers

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

<p>The Supreme Court of Canada (C)</p> Signup and view all the answers

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

<p>To place the plaintiff in the position they would have been in if the contract was not breached (B)</p> Signup and view all the answers

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

<p>Wages and benefits that would have been received with reasonable notice (D)</p> Signup and view all the answers

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

<p>The employer must have just cause (D)</p> Signup and view all the answers

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

<p>The employer may end employment for any reason as long as it is not discriminatory and gives sufficient notice (C)</p> Signup and view all the answers

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

<p>Reinstatement to their original position (C)</p> Signup and view all the answers

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

<p>Non-unionized employees are rarely offered reinstatement as a remedy (C)</p> Signup and view all the answers

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

<p>The Canada Labour Code (D)</p> Signup and view all the answers

What type of conduct may warrant dismissal without notice?

<p>Serious employee misconduct (D)</p> Signup and view all the answers

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

<p>Company downsizing (A)</p> 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?

<p>Reinstatement to their original job position (A)</p> Signup and view all the answers

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

<p>Look at past court decisions involving similar legislation (D)</p> Signup and view all the answers

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

<p>To analyze the mischief that a statute aims to correct (C)</p> 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?

<p>The classification of taxi drivers as either employees or independent contractors (B)</p> Signup and view all the answers

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

<p>As employees entitled to wages (C)</p> Signup and view all the answers

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

<p>Passenger fares collected by taxi drivers on behalf of the company (B)</p> Signup and view all the answers

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

<p>Implementing new and undefined interpretations of statutes (C)</p> 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?

<p>To clarify the definition of employee status under the Code (B)</p> Signup and view all the answers

Flashcards

Stare Decisis

A legal principle where courts follow previous decisions in similar cases.

Case Law

The body of law created by judges through their decisions in court cases.

Common Law

A legal system where judges decide cases based on previous decisions and principles.

Statute Law

The legal system that focuses on written laws (statues) for guidance.

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Burden of Proof

The burden of proof is on the party making the claim.

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Mischief Rule

A rule used by judges to interpret legislation by looking at the problem the statute was intended to solve and applying the intended solution to the issue.

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Precedent

A legal principle that requires judges to follow previous decisions in similar cases.

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Judicial Review

A process where a court reviews a decision made by a lower body (like a board) to ensure it was legally sound.

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Employee Classification

The process of determining whether an individual is an employee or an independent contractor, which has legal ramifications for rights and obligations.

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Labour Relations Code

The legal framework governing labor relations, including rights and responsibilities of employees, employers, and unions.

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Application

A legal document filed with a court or tribunal to formally request a ruling or decision.

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Certification

The process of determining a group of workers' right to be represented by a union for collective bargaining purposes.

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Reading into Legislation

Adding a new category to a law that wasn't originally included by the legislator, making it applicable to a group of people not initially covered.

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Formal Equality

The principle that laws should apply equally to everyone, regardless of their personal characteristics.

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Substantive Equality

The principle that laws should consider the different realities and experiences of groups, ensuring they're treated fairly.

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Social Reality Test

A legal test used to determine if a law is discriminatory based on its impact on different groups.

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Vriend v. Alberta

A legal challenge brought to the Supreme Court of Canada, arguing that a law violates the Charter of Rights and Freedoms.

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Reading in a category

A legal process where a court can add a new category to an existing law to ensure equality and protection from discrimination.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms, guaranteeing rights and freedoms to all individuals.

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Denial by Legislative Omission

A legal argument claiming that the omission of a specific group from protection in a law is as discriminatory as explicitly excluding them.

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Equal Protection and Benefit of the Law

The legal principle that ensures everyone has equal access to the justice system and equal protection under the law.

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Non-unionized Workplace Dismissal

In a non-unionized workplace, the employer can end employment for any reason as long as it's not discriminatory and sufficient notice or pay in lieu is provided.

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Just Cause in Unionized Settings

In a unionized workplace, the employer must have a valid reason, "just cause", before disciplining or terminating an employee.

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Just Cause under Canada Labour Code

The Canada Labour Code requires 'just cause' for dismissals in federally regulated workplaces.

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Wrongful Dismissal Damages

Monetary compensation awarded to an employee wrongfully dismissed, aiming to put them in the same position they'd have been in if not dismissed.

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Pay in Lieu of Notice

A form of compensation paid to an employee when they are fired without notice. It's equivalent to the wages they would have earned during the notice period.

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Just Cause for Dismissal

Serious employee misconduct that justifies dismissal without notice, like theft or violence.

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Reinstatement in Unionized Settings

The preferred remedy for wrongful dismissal in a unionized workplace is to return the employee to their original position.

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Reasonable Notice

The employer must provide a reasonable period of notice before dismissing an employee, or pay the employee in lieu of that notice.

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Grievance Process

The process of reviewing a dismissed employee's case in a unionized workplace to determine if the dismissal was justified.

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Wrongful Dismissal

The act of dismissing an employee without providing sufficient notice, potentially leading to legal action.

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Unreasonableness Standard of Review

A standard of review used by courts when reviewing administrative tribunal decisions. A decision is considered unreasonable if it falls outside a range of possible, acceptable outcomes defensible in respect to the facts and law.

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Correctness Standard of Review

A higher standard of review used by courts when reviewing administrative tribunal decisions. This standard is used when the question of law is outside the tribunal's expertise, such as constitutional law.

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Administrative Tribunals

Specialized bodies created by legislation to administer specific areas of law. These bodies have expertise in their fields and can make decisions, conduct investigations, and sometimes issue orders.

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Administrative Agencies

Lower-level bodies in the administrative hierarchy that investigate complaints, make rulings, and sometimes issue orders. They often provide policy guidelines and education to help achieve the goals of the related legislation.

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Standard of Review

The level of scrutiny that an appeal court applies to the decision of a lower court or tribunal. This can be unreasonableness, correctness, or other standards.

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Administrative Appeals

The process by which a decision made by an administrative tribunal or agency is challenged in a higher court. This can involve questions of fact, law, or both.

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Administrative Law

The branch of law that deals with the powers, procedures, and actions of administrative bodies and tribunals. It ensures these entities act within their legal limits.

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Expertise of Administrative Tribunals

A body of expertise that administrative tribunals possess in their areas of specialization. This expertise comes from their experience and knowledge of the specific area of law they administer.

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Legislative Authority of Administrative Tribunals

The authority that legislation grants to administrative tribunals to make decisions and enforce regulations within their areas of expertise.

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Deference to Administrative Tribunal Decisions

The deference that courts give to the decisions of administrative tribunals. This recognition is based on the specialized knowledge and experience of these bodies in their particular areas of law.

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Study Notes

  • 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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Related Documents

The Legal Framework PDF

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.

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