Employment Law Overview
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Questions and Answers

What is the role of a 'respondent' in the context of an appeal?

The 'respondent' is the party opposing an appeal of a previous decision.

Explain the jurisdiction of administrative tribunals in employment law.

Administrative tribunals have primary jurisdiction over most matters in employment law.

What must happen for a bill to become a statute in Canada?

All bills require royal assent before they can become a statute.

What happens when there is a conflict between common law and statute law?

<p>The common law governs in case of a conflict with statute law.</p> Signup and view all the answers

Why are private members' bills considered rarely passed?

<p>Private members' bills rarely pass due to limited parliamentary time and support.</p> Signup and view all the answers

Which employment laws apply to a grocery store worker in Lethbridge, Alberta?

<p>Alberta employment laws.</p> Signup and view all the answers

What is the function of a privative clause in administrative law?

<p>It attempts to limit the ability to have a decision reviewed by the courts.</p> Signup and view all the answers

What equality rights are guaranteed by Section 15 of the Canadian Charter of Rights and Freedoms?

<p>Equality rights.</p> Signup and view all the answers

What factors influence whether an organization in Canada is governed by provincial or federal employment laws?

<p>Whether the employer operates in more than one province or territory and the industry sector.</p> Signup and view all the answers

Which type of law originates from the provincial legislature?

<p>Statute law.</p> Signup and view all the answers

In a legal context, how does a case from Alberta influence a judge in British Columbia if it covers the same issue?

<p>It would be considered persuasive.</p> Signup and view all the answers

What significant action did the Supreme Court take in Vriend v Alberta?

<p>The court applied the Charter to 'read in' a category of people previously excluded by provincial legislature.</p> Signup and view all the answers

In which circumstances may a statute law passed by the provincial legislature be overturned?

<p>By a higher law, such as the Canadian Charter of Rights and Freedoms.</p> Signup and view all the answers

What is the legal principle of stare decisis and why is it important in law?

<p><em>Stare decisis</em> is the principle that mandates lower courts to follow the precedents set by higher courts in similar cases, ensuring consistency and predictability in the law.</p> Signup and view all the answers

Why might some tribunals be considered easier to deal with than traditional courts?

<p>Tribunals often have streamlined procedures and are generally less formal than courts, making them more accessible for individuals seeking resolution.</p> Signup and view all the answers

What distinguishes tort law from contract law in the context of civil law?

<p>Tort law addresses wrongs and damages caused by one party to another independently of any contractual agreement, while contract law focuses on the obligations arising from agreements between parties.</p> Signup and view all the answers

What is the significance of the notwithstanding clause in the Canadian Charter of Rights and Freedoms?

<p>The notwithstanding clause allows governments to pass laws that may operate notwithstanding particular rights and freedoms protected by the Charter, but must be renewed every five years to remain in effect.</p> Signup and view all the answers

How do general statutes differ from regulations in the legal system?

<p>General statutes outline the overarching legal principles, while regulations provide detailed and specific requirements for implementing those statutes.</p> Signup and view all the answers

What does it mean when a judge is appointed rather than elected in Canada?

<p>In Canada, judges are appointed through a formal process rather than elected by the public, which is intended to preserve judicial independence and impartiality.</p> Signup and view all the answers

When can legal action for dispute resolution only proceed in one specific forum?

<p>Legal action must proceed in only one forum when jurisdictional limitations apply, meaning the specific issues must be addressed in the designated court or tribunal.</p> Signup and view all the answers

What is the body of law dealing with serious employee misconduct leading to dismissal without notice?

<p>This body of law is termed employment law, specifically focusing on just cause dismissal for serious misconduct by employees.</p> Signup and view all the answers

What law is primarily created by judges in common law?

<p>Common law.</p> Signup and view all the answers

What are the two key steps a provincial bill must complete to become a statute?

<p>It must pass three readings and receive royal assent.</p> Signup and view all the answers

In what situations does the Canadian Charter of Rights and Freedoms apply?

<p>It applies only where there is some element of government action or conduct.</p> Signup and view all the answers

What is the significant role of specialized tribunals and boards regarding employment statutes in Alberta and British Columbia?

<p>They interpret and enforce most employment statutes.</p> Signup and view all the answers

What defines 'statute law'?

<p>Statute law refers to law passed by a legislative body.</p> Signup and view all the answers

How does the Canadian Charter of Rights and Freedoms empower individuals in the face of employment laws?

<p>It can strike down laws that contravene its requirements.</p> Signup and view all the answers

What does the 'notwithstanding clause' allow the government to do?

<p>It allows the government to enact laws that infringe the Charter.</p> Signup and view all the answers

What is the common perception of the non-union employment relationship within common law?

<p>It is viewed as based in contract law.</p> Signup and view all the answers

Study Notes

Employment Law Overview

  • Canada Labour Code: Covers specific employers, like mining companies, but not book stores, banks, or hair salons.
  • Common Law: Refers to laws established through judicial rulings, not legislative bodies.
  • Statute Law: Laws passed by a legislature to become law.
  • Statute Process: Provincial Bills must pass three readings in the provincial legislature and receive royal assent to become law.
  • Canadian Charter of Rights and Freedoms: Applies when government action is involved or rights to equality are violated; doesn't cover all employment situations.
  • Employment Statutes Enforcement: Primarily enforced by specialized tribunals and boards in Alberta and British Columbia; some cases also handled by superior courts.
  • Bill Progression: Bills in provincial legislatures go to committee after second reading.

Additional Points

  • Provincial Employment Legislation: Covers numerous people involved in the employment sector in Alberta and British Columbia, including judges and others who work for businesses
  • Employment Contracts: In dispute cases, relevant cases from Alberta will be binding in BC courts.
  • Charter of Rights Interpretation: In cases when a human right is being limited, the court uses a reasonable limits test to ensure the law is appropriate. Precedent (or stare decisis) is used to decide common law cases.
  • Legal Proceedings: Courts have a specific jurisdiction and parties should avoid unnecessary court processes.
  • Tort Law: Addresses wrongdoings and damages, not covered by contracts.
  • Constitutional Law: The Canadian Charter of Rights and Freedoms is part of the Constitution.
  • Different Legislation: If employee conduct affects provincial legislation, it's relevant; federal employee behavior is under a separate legal framework.
  • Statute vs. Regulation: Federal and provincial governments can make laws, but regulations are more detailed than statutes.

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Description

This quiz covers the fundamentals of Employment Law in Canada, including the intricacies of the Canada Labour Code, Common Law, and Statute Law. Dive into the enforcement of employment statutes and the significance of the Canadian Charter of Rights and Freedoms in employment situations. Test your knowledge on how bills progress within provincial legislatures.

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