Employment Law Overview

Laws created by judges through decisions in court cases, setting precedents for future rulings.

A formal written law passed by a legislative body (like Parliament or Provincial Legislature).

A process where a bill is reviewed by a committee in the legislature before being considered for final approval.

A law that is passed by a legislature and receives Royal Assent, becoming a part of the official law of the land.

The Canadian Charter of Rights and Freedoms applies to actions by the government, not private individuals. It is a safeguard for individuals' rights.

A clause in the Charter that allows the government to override certain Charter rights to enact specific legislation.

The non-union employment relationship in Canada is primarily governed by contracts established between the employer and employee.

The Canadian Charter of Rights and Freedoms is part of the Canadian Constitution, making it the supreme law of the land and able to challenge other laws that violate its principles.

A privative clause aims to limit judicial review of administrative tribunal decisions. It attempts to keep these decisions within the tribunal's jurisdiction, reducing the likelihood of court intervention.

Provincial employment laws apply in Lethbridge, Alberta, as it is a provincial jurisdiction. Federal employment laws cover certain specific industries, like transportation or banking, regardless of location.

Statute law originates from provincial legislatures, reflecting decisions made by elected representatives. Regulations are detailed rules created by government bodies based on the powers granted by statutes.

In Vriend v Alberta, the Supreme Court expanded human rights protections by 'reading in' a category of people who were previously excluded. It used the Charter to ensure equality for a group initially left out.

In R v Oakes, the Supreme Court established a test to determine if a law is valid based on the Charter's guarantee of fundamental rights. The test balances individual rights with government interests.

Persuasive precedent is a legal decision from another jurisdiction that can be helpful but isn't binding. It provides guidance and may influence a judge, but it doesn't dictate the outcome.

The Canadian Charter of Rights and Freedoms guarantees equality rights for all people in Canada, protecting individuals against discrimination based on various grounds.

The jurisdiction, whether provincial or federal, that applies to your workplace depends on the industry sector your employer operates in. Think of it as specific industries being 'special cases.'

A bill becomes a statute (law) only after receiving royal assent, the formal approval from the monarch.

In Canadian employment law, administrative tribunals like the Human Rights Tribunal or Labour Relations Board have the primary authority to handle most matters.

A regulation is easier to amend than a statute because it doesn't go through the full legislative process. Regulations are created by the government.

Private members' bills, introduced by individual MPs, rarely become law as they face challenges in the legislative process.

The party opposing an appeal of a court's decision is called the respondent.

The principle that lower courts must follow the decisions of higher courts in similar cases.

A branch of law that deals with wrongs and damages caused by one person or company to another, outside of any contract.

The body of law that governs agreements between people or companies to buy or sell goods or services.

A type of legal action that seeks to have a court review the decision of an administrative tribunal.

The principle that courts and tribunals are limited to making decisions on matters within their specific area of authority.

Legal decisions that are similar to the current case, but can be distinguished on important facts, making them less persuasive.

A decision from a past case that is used by a judge as a persuasive argument for a ruling in a similar case.

The body of law that deals with serious employee misconduct that warrants immediate dismissal without notice.