Employment Law Overview

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Questions and Answers

What is the primary restriction on federal employment law in Canada?

It must conform to provincial laws.

It is limited to industries of national importance. (correct)

It exclusively governs unionized workplaces.

It can only apply to public sector workers.

Which of the following acts is NOT a federal employment statute in Canada?

Canada Labour Code

Workers' Compensation Act (correct)

Employment Equity Act

Canadian Human Rights Act

What is a key feature of the Canadian Charter of Rights and Freedoms that influences employment law?

It guarantees equality rights in the workplace. (correct)

It prohibits any form of employment termination.

It provides absolute rights to all workers.

It includes a specific section on employment law.

What does the legal principle of 'stare decisis' imply?

Judicial decisions must be followed in future similar cases. Signup and view all the answers

Which branch of common law deals specifically with contractual relationships in the employment context?

Contract law Signup and view all the answers

Which of the following best describes the nature of tort law in relation to employment?

It covers deliberate or negligent wrongs with civil remedies. Signup and view all the answers

Which section of the Canadian Charter of Rights and Freedoms is known as the 'notwithstanding clause'?

Section 33 Signup and view all the answers

What is statute law primarily known for?

Laws passed by federal or provincial governments Signup and view all the answers

Which of the following best describes the historical role of employment statutes?

They establish minimum standards for working conditions. Signup and view all the answers

What is the process for a bill to become a statute in Ontario?

It must pass three readings in the legislature. Signup and view all the answers

What does Royal Assent signify in the legislative process?

The bill is officially enacted as a statute. Signup and view all the answers

Which of the following is NOT listed as a key Ontario employment statute?

Income Tax Act Signup and view all the answers

What type of legislation does the Employment Standards Act, 2000 represent?

Employment legislation Signup and view all the answers

Who typically introduces a public bill in the legislative process?

A Cabinet minister Signup and view all the answers

Which of the following statements is true regarding regulations?

They are rules made under the authority of a statute. Signup and view all the answers

Study Notes

Sources of Employment Law

Statute law consists of laws passed by federal or provincial/territorial governments, affecting employee rights for both unionized and non-unionized workers.
Employment statutes primarily set minimum standards for working conditions and include anti-discrimination provisions.

Creation of Statutes

In Ontario and federally, a bill must pass three readings in the legislature to be enacted into statute.
Public bills are introduced by Cabinet ministers, while private members' bills are proposed by private members on public matters.

Bill to Statute Process

A bill becomes a statute after receiving Royal Assent.
Regulations are rules established under a statute's authority, detailing specifics like minimum wages under the Employment Standards Act, 2000.

Key Ontario Employment Statutes

Employment Standards Act, 2000
Human Rights Code
Labour Relations Act, 1995
Occupational Health and Safety Act
Workplace Safety and Insurance Act, 1997
Pay Equity Act
Accessibility for Ontarians with Disabilities Act, 2005

Federal Employment Law

Governed by the Constitution Act, 1867, applying only 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

Formed part of the Constitution Act, 1982, impacting employment indirectly through government actions.
Section 15 is pivotal for employment rights, while section 33 includes the notwithstanding clause.

Common Law

Common law emerges from judicial decisions and operates on the principle of precedent (stare decisis).
Higher court decisions bind lower courts in similar cases, although high courts may occasionally revise precedents.

Employment Law and Common Law Branches

Two major branches impacting employment:
- Contract law governs employment relationships and outlines the terms for non-union employment.
- Tort law addresses civil wrongs, either deliberate or negligent, offering remedies for such acts.

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Description

Explore the key sources of employment law as outlined in 'Employment Law for Business and Human Resources Professionals'. This quiz will address statutes and their application to employee rights in both unionized and non-unionized settings. Test your understanding of the legal framework that shapes the workplace.