Sources of Employment Law Quiz

Questions and Answers

What is defined as laws passed by the federal or provincial/territorial government?

Regulatory law

Common law

Case law

Statute law (correct)

Which of the following applies to both unionized and non-unionized employees?

Job contracts

Collective agreements

Company policies

Statutory employee rights (correct)

What must happen before a bill becomes a statute?

It must pass three readings in the legislature (correct)

It must receive public support

It must be signed by the governor

It must be approved by the Cabinet

What is an example of a regulation made under the authority of a statute?

Minimum wage laws Signup and view all the answers

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

Family Medical Leave Act Signup and view all the answers

Who typically introduces public bills in the legislature?

Cabinet ministers Signup and view all the answers

What term is used for rules made under a statute?

Regulations Signup and view all the answers

What happens to a bill once it receives Royal Assent?

It becomes a statute Signup and view all the answers

What is the employer's obligation when it comes to accommodating employees?

To accommodate to the point of undue hardship Signup and view all the answers

Why should job advertisements avoid discouraging qualifications?

To ensure a diverse pool of applicants Signup and view all the answers

When can employers include questions related to prohibited grounds in an interview?

Only if it relates to a BFOR/BFOQ or falls under an exemption Signup and view all the answers

When should employers request information that may disclose a candidate's protected class status?

After a conditional offer of employment has been made Signup and view all the answers

What is the potential issue with pre-employment alcohol and drug testing?

It is considered a form of disability discrimination Signup and view all the answers

What should be done after a candidate tests positive for drugs or alcohol?

The employer should accommodate them accordingly Signup and view all the answers

What is a potential consequence of using substance-related testing in employment?

Reduced number of qualified applicants Signup and view all the answers

What type of tests are acceptable as part of the employment screening process?

Tests measuring job-related skills Signup and view all the answers

What is a potential consequence for an employee who is induced to leave their previous job and subsequently dismissed?

They may be entitled to a larger wrongful dismissal award. Signup and view all the answers

What should employers avoid when presenting job offers to candidates?

Including a signing bonus tied to leaving other employment. Signup and view all the answers

Under what conditions can non-competition clauses be upheld according to the 2021 amendments to the Employment Standards Act?

When the employee is part of a buy-sell business arrangement. Signup and view all the answers

What must an employee prove to successfully claim anticipatory breach of contract?

The contract was signed by both parties. Signup and view all the answers

What is one implication of negligent hiring for employers?

It may lead to liability for foreseeable harm caused by employees. Signup and view all the answers

Which action should not be included in a written employment contract?

A provision that incentivizes leaving current employment. Signup and view all the answers

What demonstrates anticipatory breach of contract in an employment scenario?

The employer changing job descriptions post-offer. Signup and view all the answers

What should employers include to mitigate potential claims of wrongful dismissal?

A clear probationary period in the contract. Signup and view all the answers

What role do administrative tribunals play in employment law?

They make decisions in specialized areas. Signup and view all the answers

How can an individual be classified differently for tax purposes compared to wrongful dismissal actions?

As an independent contractor for tax but an employee for dismissal. Signup and view all the answers

What significant change will the Digital Platform Workers’ Rights Act, 2022 introduce?

Provisions for gig workers’ rights. Signup and view all the answers

Which statement best describes the Meiorin three-part test?

It assesses if a legitimate business purpose is served by a requirement. Signup and view all the answers

How have definitions of discrimination changed over time in human rights legislation?

Discrimination is now broader, covering unintentional actions. Signup and view all the answers

What does the term 'agent' refer to in the context of employment law?

Someone who represents a principal in dealings with third parties. Signup and view all the answers

What do provincial and territorial human rights statutes generally address?

Discrimination and the actions of individuals and corporations. Signup and view all the answers

According to the Meiorin test, what must be demonstrated regarding the rule or requirement?

It was necessary to achieve a legitimate business purpose. Signup and view all the answers

What are the three basic elements necessary to create a contract?

Offer, Acceptance, Consideration Signup and view all the answers

Which of the following is NOT an advantage of a written employment contract?

Increases compliance expenses Signup and view all the answers

For less skilled positions, what may suffice instead of a full employment contract?

A letter containing key terms Signup and view all the answers

Which of the following terms would typically be included in an employment contract?

Job Description Signup and view all the answers

Which term refers to the conditions under which an employee can be dismissed without cause?

Termination Without Cause Signup and view all the answers

What is a common inclusion in employment contracts to address potential future disputes?

Severability Clause Signup and view all the answers

What type of clause might dictate what happens to an employee's contributions to intellectual property created during their employment?

Ownership of Intellectual Property Signup and view all the answers

Which of the following is a common term that addresses how corporate policies may change?

Entire Agreement Clause Signup and view all the answers

What is the employer's responsibility when hiring for a position requiring specific degrees?

Verify degrees directly with the listed institutions Signup and view all the answers

What is a requirement for conducting police records checks on candidates?

Requires informed consent from the candidate Signup and view all the answers

What should employers be cautious about when using internet and social media searches?

They may reveal prohibited grounds of discrimination Signup and view all the answers

Which of the following types of employees are generally not entitled to termination notice or pay in lieu of notice?

Temporary employees Signup and view all the answers

When should most types of background checks be conducted to protect the employer from liability?

After a conditional offer of employment is made Signup and view all the answers

What is the primary purpose of employment statutes?

To enforce minimum standards for working conditions Signup and view all the answers

In which scenario is a private member's bill typically introduced?

By a private member to deal with public matters Signup and view all the answers

What happens after a bill is proposed in the legislature?

It undergoes debates and votes before reaching Royal Assent Signup and view all the answers

Which of the following statements about regulations is accurate?

Regulations provide specific rules under the authority of statutes Signup and view all the answers

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

Environmental Protection Act Signup and view all the answers

What does Royal Assent signify in the legislative process?

The final step required for a bill to become a statute Signup and view all the answers

How do employee rights in statutes typically apply?

To both unionized and non-unionized employees Signup and view all the answers

Which of the following is an example of a statute affecting employment relationships?

Labour Relations Act, 1995 Signup and view all the answers

What does Alberta's Human Rights Code prohibit in employment?

Discrimination based on at least 16 grounds Signup and view all the answers

Which of the following statements is true regarding the Alberta Human Rights Code?

It prevails over other statutes unless stated otherwise. Signup and view all the answers

Which ground is NOT included in the Alberta Human Rights Code for discrimination?

Education level Signup and view all the answers

Under what circumstances can discrimination be justified according to the Alberta Human Rights Code?

Bona Fide Occupational Qualifications Signup and view all the answers

What does the Alberta Human Rights Code consider regarding harassment?

It includes harassment on various prohibited grounds. Signup and view all the answers

What does the term 'undue hardship' refer to in the context of the Alberta Human Rights Code?

The extent to which an employer cannot provide accommodation. Signup and view all the answers

What aspect of employment does the Alberta Human Rights Code cover?

All stages of the employment relationship Signup and view all the answers

Which type of organizations might be exempt from certain provisions of the Alberta Human Rights Code?

Special service organizations Signup and view all the answers

What is the primary objective of the Alberta Human Rights Code?

To provide civil remedies for discrimination Signup and view all the answers

Which federal statute primarily protects individual rights in employment settings?

Canadian Human Rights Act Signup and view all the answers

What does the term 'stare decisis' refer to in the context of common law?

Precedents set by higher courts are binding on lower courts Signup and view all the answers

Which section of the Canadian Charter of Rights and Freedoms is especially significant from an employment perspective?

Section 15, which addresses equality rights Signup and view all the answers

What is the main function of tort law in the context of employment?

To resolve civil wrongs that may result in damages Signup and view all the answers

Which of the following statements accurately describes the impact of the Canadian Charter of Rights and Freedoms on employment law?

It affects the workplace primarily when government action is involved Signup and view all the answers

What does the phrase 'contract law regulates contractual relationships' imply in employment?

It defines how employment agreements can be enforced in court Signup and view all the answers

What is the primary purpose of the 'notwithstanding clause' defined in section 33 of the Canadian Charter?

To allow certain laws to operate despite conflicting Charter rights Signup and view all the answers

Which industry does federal employment law primarily apply to?

Industries of national importance Signup and view all the answers

What common misconception might people have about common law?

It can be influenced by precedents set in previous cases Signup and view all the answers

What type of employment relationship does tort law primarily pertain to?

Any employment relationship causing civil wrongs Signup and view all the answers

What is the potential effect of distinguishing between independent contractors and employees in wrongful dismissal cases?

It can affect the outcomes of wrongful dismissal claims. Signup and view all the answers

What is one primary function of administrative agencies or commissions in the employment law context?

They investigate complaints and make rulings. Signup and view all the answers

Which of the following statements is true regarding the Digital Platform Workers' Rights Act, 2022?

It provides protections specifically for digital platform workers. Signup and view all the answers

Which aspect of the Meiorin test assesses the necessity of a rule or requirement in the workplace?

All of the above. Signup and view all the answers

Which statement illustrates the evolution of the definition of discrimination in human rights statutes?

It now includes both intentional and unintentional acts. Signup and view all the answers

Within the employment relationship, what role does an agent play?

They act on behalf of a principal in dealings. Signup and view all the answers

What is required to accommodate an employee under the definitions of the Meiorin test?

The accommodation should not create undue hardship for the employer. Signup and view all the answers

How do provincial and territorial human rights statutes differ from the Canadian Charter of Rights and Freedoms?

They target individual and corporate actions. Signup and view all the answers

Which of the following best describes the impact of administrative tribunals in employment law?

They make decisions in areas like employment standards and discrimination. Signup and view all the answers

What can be inferred about the evolution of employment law based on the changing definitions of discrimination?

There is a growing emphasis on inclusivity and protection. Signup and view all the answers

What do employment statutes primarily set out for working conditions?

Minimum standards for working conditions Signup and view all the answers

How is a public bill introduced in the legislature?

By the Cabinet minister responsible for the subject Signup and view all the answers

What is a key feature of regulations that accompany employment statutes?

They provide specific details under the authority of a statute Signup and view all the answers

What action must occur for a bill to become an official statute?

It must receive Royal Assent Signup and view all the answers

Which of the following is an example of a key Ontario employment statute?

Occupational Health and Safety Act Signup and view all the answers

What are private members' bills primarily associated with?

Public matters introduced by private members of the legislature Signup and view all the answers

Which aspect of protection does anti-discrimination legislation primarily focus on?

Protection against workplace discrimination Signup and view all the answers

What does the Employment Standards Act, 2000 focus on?

Setting minimum wage and working conditions Signup and view all the answers

What are the three basic elements necessary to create a contract?

Offer, acceptance, and consideration Signup and view all the answers

Which of the following is NOT an advantage of a written employment contract?

Ensures compliance with labor laws Signup and view all the answers

For less skilled positions, what may be sufficient instead of a full employment contract?

A letter containing key terms Signup and view all the answers

Which clause is often found in employment contracts to address potential future disputes regarding termination?

Termination and the duty to mitigate Signup and view all the answers

Which term refers to restrictions placed on employees regarding their future employment opportunities after leaving a company?

Restrictive covenants Signup and view all the answers

What is the role of administrative tribunals in employment law?

To make decisions in specialized areas Signup and view all the answers

How might an individual be classified differently for employment purposes?

As an independent contractor for tax purposes and employee for wrongful dismissal Signup and view all the answers

What will the Digital Platform Workers’ Rights Act, 2022 introduce?

Protections for gig workers performing digital platform work Signup and view all the answers

What does the Meiorin three-part test assess?

The justification of employment discrimination Signup and view all the answers

Which statement about human rights legislation is accurate?

It has been broadened to include indirect discrimination Signup and view all the answers

What is defined as an agent in the context of employment law?

A person who represents another in dealings Signup and view all the answers

What must employers do when hiring for positions that require specific degrees?

Verify degrees directly with the listed institutions Signup and view all the answers

What is a potential consequence of not accommodating employees according to employment law?

Legal action for wrongful dismissal Signup and view all the answers

Under what condition can employers conduct a credit check on an applicant in Ontario?

Only if the applicant agrees in writing Signup and view all the answers

What requirement must be met to prove undue hardship in employment accommodations?

Financial costs must be overwhelming Signup and view all the answers

For which types of employment relationships are employees generally not entitled to termination notice?

Temporary employees Signup and view all the answers

Which of the following describes the current scope of discrimination laws?

Extends to both direct and indirect discrimination Signup and view all the answers

What is the primary focus of provincial and territorial human rights statutes?

To prohibit discrimination in key social areas Signup and view all the answers

What is required from a candidate before conducting police records checks?

Informed consent from the candidate Signup and view all the answers

What is a major risk associated with using internet and social media searches for background checks?

They may reveal personal information not relevant to employment Signup and view all the answers

At what point should most types of background checks be conducted to minimize employer liability?

After a conditional offer of employment is made Signup and view all the answers

What type of employment relationship includes individuals working through an agency?

Agency/Temporarily employed workers Signup and view all the answers

What must employees do to qualify for benefits under the Employment Insurance (EI) system?

Work enough qualifying hours in insurable employment Signup and view all the answers

What is the employer's duty when a job exposes others to potential harm?

To strengthen efforts in investigating potential risks Signup and view all the answers

What is a common practice after hiring for positions that include work with vulnerable persons?

Conduct thorough background investigations Signup and view all the answers

What is the main focus of the Canada Labour Code?

Employment conditions in industries of national importance Signup and view all the answers

Which section of the Canadian Charter of Rights and Freedoms is especially significant for employment law?

Section 15 Signup and view all the answers

What is the fundamental principle behind the doctrine of stare decisis in common law?

All courts must apply the same legal principles consistently Signup and view all the answers

Which of the following accurately describes tort law?

It deals with civil wrongs that can lead to compensation Signup and view all the answers

Under employment law, what best describes the role of contract law?

Regulates the terms and conditions of employment agreements Signup and view all the answers

How does the Personal Information Protection and Electronic Documents Act (PIPEDA) relate to employment law?

It outlines the rights regarding employee privacy and data protection Signup and view all the answers

Which of the following is NOT a federal employment statute?

Labour Relations Act Signup and view all the answers

Which clause in the Charter allows for limited exceptions to the rights guaranteed?

Section 33 Signup and view all the answers

What does the concept of precedent in common law signify?

Past judicial decisions influence future cases in similar contexts Signup and view all the answers

Why is it important for employment law to include aspects of common law?

To provide flexibility and adapt to unique workplace situations Signup and view all the answers

The Alberta Human Rights Code allows for discrimination under certain circumstances such as bona fide occupational qualifications.

True Signup and view all the answers

Intent to discriminate is a necessary component for a violation of the Alberta Human Rights Code.

False Signup and view all the answers

Civil remedies are provided for violations of the Alberta Human Rights Code, but there are also criminal penalties associated.

False Signup and view all the answers

Alberta's Human Rights Code prevails over other statutes unless those statutes explicitly state they apply despite the Code.

True Signup and view all the answers

The Alberta Human Rights Code protects job applicants, but not individuals who are already employees.

False Signup and view all the answers

Discrimination through reprisal is one of the additional grounds prohibited by the Alberta Human Rights Code.

True Signup and view all the answers

Individuals and organizations are allowed to contract out of the Alberta Human Rights Code.

False Signup and view all the answers

Only employers can discriminate against applicants during recruitment as per the Alberta Human Rights Code.

False Signup and view all the answers

The Alberta Human Rights Code does not include provisions regarding sexual harassment.

False Signup and view all the answers

There are certain exemptions under the Alberta Human Rights Code that allow for discrimination in special service organizations.

True Signup and view all the answers

Statute law consists of laws passed exclusively by provincial governments.

False Signup and view all the answers

Most employment statutes are aimed solely at unionized employees.

False Signup and view all the answers

A bill must successfully pass four readings in the legislature to become a statute.

False Signup and view all the answers

Royal Assent is required for a bill to become a statute.

True Signup and view all the answers

The Employment Standards Act, 2000 is an example of legislation that sets minimum standards for working conditions.

True Signup and view all the answers

Regulations are minor interpretations of statutes that have no legal authority.

False Signup and view all the answers

Private members' bills can only address matters introduced by Cabinet ministers.

False Signup and view all the answers

Ontario has several key employment statutes that were established to protect employee rights.

True Signup and view all the answers

Employers are required to accommodate employees only to the point of significant hardship.

False Signup and view all the answers

Employment agencies must adhere to human rights requirements.

True Signup and view all the answers

Job advertisements should ideally be limited to word-of-mouth to maintain quality candidates.

False Signup and view all the answers

Employers can automatically screen out overqualified candidates without further evaluation.

False Signup and view all the answers

Pre-employment medical exams can be conducted before making a conditional job offer.

False Signup and view all the answers

Substance dependencies are not recognized as a form of disability in employment contexts.

False Signup and view all the answers

Employers may ask any questions during interviews, regardless of their relevance to the job.

False Signup and view all the answers

Employers should wait until after a conditional job offer to request information that may reveal a candidate's protected class status.

True Signup and view all the answers

Testing job-related skills is always considered discriminatory in the hiring process.

False Signup and view all the answers

Questions on job applications should never classify candidates by prohibited grounds.

True Signup and view all the answers

An employer's duty to investigate an employee's background increases with the risk of harm the job exposes others to.

True Signup and view all the answers

An oral agreement can be legally binding if it contains the basic elements of a contract.

True Signup and view all the answers

Employers in Ontario are not required to verify an applicant's degree with the listed institutions if the position does not require a specific qualification.

False Signup and view all the answers

Employers should use a single standard contract for all employees to ensure consistency.

False Signup and view all the answers

Police records checks can be conducted without obtaining a candidate's consent.

False Signup and view all the answers

A letter containing key terms may be sufficient for less skilled positions instead of a full employment contract.

True Signup and view all the answers

Restrictive covenants are typically included in employment contracts to limit an employee's ability to work after leaving the company.

True Signup and view all the answers

Internet and social media searches are considered completely reliable for background checks.

False Signup and view all the answers

The incorporation of a probationary period in an employment contract is uncommon.

False Signup and view all the answers

Temporary employees in Ontario generally have the right to termination notice or pay in lieu of notice.

False Signup and view all the answers

Most types of background checks should be conducted after a conditional offer of employment is made.

True Signup and view all the answers

Employees can be classified as casual or temporary, but not as agency or foreign workers.

False Signup and view all the answers

Employers must comply with the Consumer Reporting Act when conducting credit checks on applicants.

True Signup and view all the answers

Background checks should only be conducted after a final job offer is made.

False Signup and view all the answers

The more common types of employment include permanent, temporary, and foreign workers.

True Signup and view all the answers

Statute law refers to laws passed by the federal or provincial/territorial __________.

government Signup and view all the answers

Most employee rights contained in __________ apply to both unionized and non-unionized employees.

statutes Signup and view all the answers

A bill becomes a statute once it receives __________.

Royal Assent Signup and view all the answers

Regulations are rules made under the authority of a __________.

statute Signup and view all the answers

Key Ontario employment statutes include the Employment Standards Act, 2000, and the Human Rights __________.

Code Signup and view all the answers

Public bills are introduced by a Cabinet minister responsible for the relevant __________.

subject Signup and view all the answers

Private members’ bills may deal with public matters but are introduced by __________ members.

private Signup and view all the answers

The Employment Standards Act, 2000 is __________, but its specific applications are often found in accompanying regulations.

legislation Signup and view all the answers

Employers have a duty to accommodate to the point of undue ______.

hardship Signup and view all the answers

Employment agencies must comply with all human rights ______.

requirements Signup and view all the answers

Advertisements should not contain qualifications that directly or indirectly discourage or exclude members of ______ groups.

protected Signup and view all the answers

The code prohibits questions on applications that directly or indirectly classify candidates by prohibited ______.

grounds Signup and view all the answers

Requests for information that may disclose inclusion in a protected class should be left until after a conditional offer of ______ has been made.

employment Signup and view all the answers

Because substance dependencies are considered forms of ______, pre-employment alcohol and drug testing may be discriminatory.

disability Signup and view all the answers

Employers should be prepared to accommodate candidates who test ______ for drugs.

positive Signup and view all the answers

Tests that measure job-related skills are acceptable but should take care to avoid discriminatory ______.

requirements Signup and view all the answers

Pre-employment medical or fitness exams should take place only after a conditional offer of ______ has been made.

employment Signup and view all the answers

Employers should not automatically screen out candidates they consider to be ______.

overqualified Signup and view all the answers

The three basic elements necessary to create a contract are offer, acceptance, and ______.

consideration Signup and view all the answers

An employer's duty to investigate is stronger when a job exposes others to the risk of ______.

harm Signup and view all the answers

For less skilled positions, a ______ containing key terms and the employer's policy manual may be sufficient.

letter Signup and view all the answers

Employers in Ontario must comply with the Consumer Reporting ______ when conducting credit checks.

Act Signup and view all the answers

Police records checks require a candidate's informed ______.

consent Signup and view all the answers

One common contractual term related to employment is ______, which outlines the length of the employment period.

term Signup and view all the answers

An employer may include ______ clauses in a contract to address non-disclosure and non-compete aspects.

restrictive Signup and view all the answers

Different types of employment relationships can include permanent, temporary, and ______ workers.

casual Signup and view all the answers

The ______ clause in a contract may dictate the handling of any disputes that arise in connection with the agreement.

entire agreement Signup and view all the answers

Temporary employees are generally not entitled to termination notice or pay in lieu of ______.

notice Signup and view all the answers

To qualify for benefits under the EI system, an employee must have worked a number of qualifying hours in ______ employment.

insurable Signup and view all the answers

Employers should conduct background checks after a conditional offer of ______ is made.

employment Signup and view all the answers

Internet and social media searches should be used with ______, as they may reveal inaccurate information.

caution Signup and view all the answers

Employers should verify degrees directly with the listed ______ when hiring for certain positions.

institutions Signup and view all the answers

Most types of background checks should be conducted after a conditional offer of employment to help protect the employer from ______.

liability Signup and view all the answers

Alberta’s Human Rights Code applies to both the private and public ______.

sector Signup and view all the answers

The Code prohibits discrimination in employment on ______ grounds.

16 Signup and view all the answers

Intent to discriminate is not necessary; what matters is the ______.

effect Signup and view all the answers

No one can ______ out of the provisions of the Human Rights Code.

contract Signup and view all the answers

The Code is considered remedial ______.

legislation Signup and view all the answers

Special service organizations may have certain ______ under the Code.

exemptions Signup and view all the answers

Discrimination based on association is recognized as an ______ ground.

additional Signup and view all the answers

Employers are responsible for ensuring that they set out a position’s essential ______.

duties Signup and view all the answers

Civil remedies are provided under the Code, not ______ penalties.

criminal Signup and view all the answers

The provisions of the Code prevail unless another ______ states otherwise.

statute Signup and view all the answers

Study Notes

Sources of Employment Law

Statutory law encompasses laws (legislation, acts) enacted by federal or provincial/territorial governments.
Employee rights in statutes typically apply to both unionized and non-unionized workers.
Employment statutes historically establish minimum working conditions.
Laws such as anti-discrimination legislation are significant in shaping employment relationships.
In Ontario and federally, a bill requires three legislative readings to become a statute.
Public bills are introduced by Cabinet ministers; private members’ bills are introduced by individual members.
Royal Assent marks the transition of a bill into law.
Regulations are rules made under statutes, elaborating on specific provisions (e.g., minimum wage under the Employment Standards Act, 2000).
Key employment statutes in Ontario include:
- 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

Judicial Framework

Administrative tribunals decide cases in areas like employment standards and discrimination.
Administrative agencies are tasked with investigating complaints and ruling on them.

Defining the Employment Relationship

An individual may be an independent contractor for tax but an employee in wrongful dismissal scenarios.
The Digital Platform Workers’ Rights Act, 2022 will provide protections to gig workers in digital platforms.
Agents represent principals in dealings, impacting employment relationships.

Human Rights and Discrimination

Provincial and territorial human rights statutes apply to individual and corporate actions against discrimination.
Definitions of discrimination have evolved from intentional acts to broader scenarios.
The Meiorin test assesses the legitimacy of business requirements, involving three key considerations regarding rational connection, belief, and necessity.

Recruitment, Selection, and Hiring

Employment agencies must adhere to human rights standards.
Job advertisements should avoid discouraging qualified candidates from protected groups.
Applications should not request information that classifies candidates based on prohibited grounds until after a conditional offer.
Pre-employment medical exams should follow contingent job offers, especially concerning substance dependencies.
Drug testing may be discriminatory unless job-related and should be handled with care.

Areas of Common Law Liability

Inducement in hiring can lead to greater wrongful dismissal damages if an employee is dismissed post-inducement.
Employers must be transparent about job realities, address notice periods in written contracts, and avoid improper inducements.
Restrictive covenants limit former employees' competition, with recent amendments prohibiting non-compete clauses in most circumstances.
Anticipatory breach occurs when one party repudiates the contract before employment starts, requiring the employee to prove certain conditions to claim damages.
Negligent hiring can lead to liability if an employee causes harm due to unchecked background information.

Written Employment Contracts

A binding contract requires offer, acceptance, and consideration; oral agreements are valid if these elements are present.
Written contracts reduce misunderstandings, address issues upfront, and clarify terms.
Contracts should be tailored to individual roles, using specific job descriptions, remuneration details, and termination clauses.

Common Contractual Terms

Key elements include job description, remuneration, term, and different termination conditions.
Additional clauses may address resignation, probationary periods, remote work, benefits, restrictive covenants, and ownership of intellectual property.
Contracts should include entire agreement clauses and provisions for independent legal advice.

Sources of Employment Law

Statute law consists of legislation passed by federal or provincial/territorial governments, specifying minimum standards for working conditions applicable to both unionized and non-unionized employees.
Employment relationships are influenced by various statutes, including anti-discrimination legislation.
A bill must pass three readings in the legislature in Ontario and federally to become a statute, with public bills generally introduced by Cabinet ministers.
Royal Assent is required for a bill to be enacted as a statute, while regulations define specific rules under the authority of a statute (e.g., Employment Standards Act, 2000).
Key Ontario employment statutes include the Employment Standards Act, Human Rights Code, Labour Relations Act, Occupational Health and Safety Act, Workplace Safety and Insurance Act, Pay Equity Act, and Accessibility for Ontarians with Disabilities Act.
Federal employment law is defined under the Constitution Act, 1867, covering industries of national importance, including the Canada Labour Code and Canadian Human Rights Act.
The Canadian Charter of Rights and Freedoms, part of the Constitution Act, 1982, influences workplace rights primarily through section 15 on equality rights and section 33 on the notwithstanding clause.
Common law, developed through court decisions, operates based on precedent (stare decisis) with two branches impacting employment: Contract law and Tort law.

Judicial Framework

Administrative tribunals handle specialized employment-related issues, while agencies are authorized to investigate complaints and rule on them.

Defining the Employment Relationship

An individual may be classified as an independent contractor for tax purposes yet be deemed an employee in a wrongful dismissal case.
The Digital Platform Workers' Rights Act, 2022 aims to protect gig workers engaged in digital platform work.
An agent represents another party, known as the principal, in transactions with third parties.

Introduction to Human Rights and Discrimination

Provincial and territorial human rights statutes prohibit discrimination by individuals and corporations, expanding beyond intentional acts to include effects.
The Meiorin three-part test assesses whether a BFOR (Bona Fide Occupational Requirement) is established: rational purpose, honest belief in necessity, and reasonable necessity without undue hardship.

Overview of Alberta’s Human Rights Code

Applies to both private and public sectors, outlining 16 grounds of discrimination, including sexual harassment.
Provisions of the Code cannot be contracted out, with civil remedies available and precedence over conflicting statutes.
Covers all stages of the employment relationship, emphasizing recruitment processes and exception clauses for specific situations.

Exemptions to Discrimination

Special Service Organizations
Bona Fide Occupational Qualifications and Requirements (BFOQ/BFOR)
Reasonable and Justifiable grounds
Situations leading to "undue hardship" for the employer
Special (Affirmative Action) Programs

Recruitment, Selection, and Hiring

The Code safeguards job applicants, indicating that any discriminatory reasoning in employment decisions can infringe upon rights, regardless of intent.
Job descriptions must clearly outline essential duties and employer responsibilities increase with job-related risk factors.
Verification of qualifications, such as degrees, should be conducted especially for specialized positions; background checks (credit, police) must comply with regulatory standards and typically occur post conditional job offer.
Care is needed when using online searches as they may yield irrelevant information; checks after a conditional offer mitigate liability.

Different Types of Employment Relationships

Categories include permanent full-time, part-time, temporary contract workers, casual employees, agency/temps, or temporary foreign workers.
Ontario employment statutes generally apply equally across employee types, but temporary employees may not have the same termination rights or notice requirements.
Eligibility for Employment Insurance requires a specified number of hours worked in insurable employment.

Sources of Employment Law

Statute law encompasses laws enacted by federal or provincial/territorial governments, known as legislation, acts, or statutes.
Employee rights in statutes typically cover both unionized and non-unionized workers.
Employment statutes historically establish minimum working condition standards.
Statutes may also include anti-discrimination provisions that influence employment relationships.

Legislative Process

In Ontario and federally, a bill requires three readings in the legislature to become law.
Public bills apply broadly and are introduced by the responsible Cabinet minister.
Private members’ bills can address public matters but are introduced by private legislators.
A bill is enacted as a statute once it receives Royal Assent.

Regulations and Key Statutes

Regulations are rules derived from statutory authority, exemplified by minimum wage regulations under the Employment Standards Act, 2000.
Notable Ontario employment statutes include:
- 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 is limited by the Constitution Act, 1867, focusing on industries of national importance.
Important federal statutes include:
- Canada Labour Code
- Canadian Human Rights Act
- Employment Equity Act
- Personal Information Protection and Electronic Documents Act (PIPEDA)

Canadian Charter of Rights and Freedoms

The Charter, part of the Constitution Act, 1982, indirectly influences employment law.
Most significant employment-related guarantee comes from Section 15, which ensures equality rights.
Section 33 of the Charter is the "notwithstanding clause," allowing governments to bypass certain rights temporarily.

Common Law

Common law arises from court decisions and operates on precedent, with the principle of stare decisis binding lower courts to higher court decisions.
Common law branches impacting employment include:
- Contract law, regulating non-union contractual relationships.
- Tort law, addressing civil wrongs which can be either intentional or negligent.

Administrative System

Administrative tribunals govern specialized areas, making rulings on issues like employment standards and discrimination.
Agencies may investigate complaints or adjudicate disputes.

Employment Relationships

Employment classifications include permanent full-time, part-time, temporary (contract), casual, agency/temps, and temporary foreign workers.
Temporary employees often lack entitlements to termination notice or pay.
To qualify for Employment Insurance (EI) benefits, employees must have worked sufficient insurable hours.

Written Employment Contracts

Basic elements of a contract: offer, acceptance, and consideration.
Oral agreements can be binding if they encompass these elements.
Benefits of written contracts include reducing misunderstandings, addressing issues early, and lowering uncertainty.

Customizing Contracts

Employers should tailor contracts to individual roles instead of standardized contracts.
For less skilled positions, a simple letter with key terms may suffice.
Contracts can include any lawful terms but must be carefully phrased to avoid liability.

Common Contractual Terms

Key provisions may include:
- Job Description
- Remuneration
- Terms of employment, including termination processes (without cause, with cause, and mitigation duties)
- Additional elements such as notice of resignation, probationary periods, relocation, remote work, benefits, restrictive covenants, intellectual property ownership, and applicable corporate policies.
Inclusion of severability clauses and golden parachutes as part of contract negotiation is also important.

Sources of Employment Law

Statutory law comprises legislation passed by federal or provincial/territorial governments.
Employee rights covered in statutes apply to both unionized and non-unionized workers.
Employment statutes historically establish minimum standards for working conditions.
Statutes may influence employment relations, specifically anti-discrimination laws.
In Ontario, a bill must pass three legislative readings before becoming a statute.
Public bills are introduced by Cabinet ministers; private members' bills are not.
A statute gains effect once it receives Royal Assent.
Regulations are rules created under the authority of statutes, detailing specific provisions (e.g., minimum wages).

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

Overview of Alberta’s Human Rights Code

Applies to private and public sectors, covering individual conduct.
Prohibits discrimination in employment based on 16 grounds and includes anti-harassment provisions.
Discrimination intention is less critical than the effect of actions.
Civil remedies available; no criminal penalties under the Code.
Code prevails over other statutes unless explicitly stated otherwise.
Encompasses all employment stages, including recruitment.

Exemptions to Discrimination Provisions

Special Service Organizations
Bona Fide Occupational Qualifications/Requirements (BFOQ/BFOR)
Reasonable and Justifiable actions
Undue hardship for employers
Special Affirmative Action Programs

Recruitment, Selection, and Hiring Responsibilities

Protects both job applicants and existing employees from discrimination.
Infringements occur even if discrimination is one factor among others.
Essential duties for positions must be clearly delineated.
Employers must accommodate to undue hardship, which requires proof.
Employment agencies must adhere to human rights standards.
Job ads should broadly promote inclusivity, avoiding discouragement of protected groups.

Interviewing and Employment Applications

Application questions must not classify candidates based on prohibited grounds.
Questions relating to BFOR/BFOQ are permissible.
Requests revealing protected class status should follow a conditional job offer.
Pre-employment drug testing may constitute discrimination; job-related skills tests are acceptable.

Common Law Liability in Employment

Employers must investigate potential risks related to job responsibilities.
Verification of education credentials is essential, particularly for regulated professions.
Consent is necessary for police record checks; such checks should be limited.
Social media checks can lead to misinformation and must be approached cautiously.

Types of Employment Relationships

Employees can be permanent, temporary, casual, agency/temps, or temporary foreign workers.
Ontario employment statutes generally do not differentiate among employee types.
Temporary employees typically lack entitlement to notice upon termination.

Written Employment Contracts

Contracts require offer, acceptance, and consideration to be binding.
Written contracts mitigate misunderstandings and clarify disputes.
Contracts should be tailored to individual employees, especially for specific roles.

Common Contractual Terms

Important contractual elements include job description, remuneration, term, and termination clauses.
Notice of resignation, probationary periods, remote work conditions, and benefits may be included.
Contracts can also specify restrictive covenants, intellectual property ownership, and applicable law.

Additional Terms in Contracts

Whole agreement clauses outline conditions of the contract.
Inducement clauses prevent misleading statements in contract formation.
Severability clauses ensure the contract remains enforceable if parts are invalidated.
Special provisions like “Golden Parachute” refer to lucrative exit packages for executives.

Sources of Employment Law

Statutory law comprises legislation passed by federal or provincial/territorial governments.
Employee rights covered in statutes apply to both unionized and non-unionized workers.
Employment statutes historically establish minimum standards for working conditions.
Statutes may influence employment relations, specifically anti-discrimination laws.
In Ontario, a bill must pass three legislative readings before becoming a statute.
Public bills are introduced by Cabinet ministers; private members' bills are not.
A statute gains effect once it receives Royal Assent.
Regulations are rules created under the authority of statutes, detailing specific provisions (e.g., minimum wages).

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

Overview of Alberta’s Human Rights Code

Applies to private and public sectors, covering individual conduct.
Prohibits discrimination in employment based on 16 grounds and includes anti-harassment provisions.
Discrimination intention is less critical than the effect of actions.
Civil remedies available; no criminal penalties under the Code.
Code prevails over other statutes unless explicitly stated otherwise.
Encompasses all employment stages, including recruitment.

Exemptions to Discrimination Provisions

Special Service Organizations
Bona Fide Occupational Qualifications/Requirements (BFOQ/BFOR)
Reasonable and Justifiable actions
Undue hardship for employers
Special Affirmative Action Programs

Recruitment, Selection, and Hiring Responsibilities

Protects both job applicants and existing employees from discrimination.
Infringements occur even if discrimination is one factor among others.
Essential duties for positions must be clearly delineated.
Employers must accommodate to undue hardship, which requires proof.
Employment agencies must adhere to human rights standards.
Job ads should broadly promote inclusivity, avoiding discouragement of protected groups.

Interviewing and Employment Applications

Application questions must not classify candidates based on prohibited grounds.
Questions relating to BFOR/BFOQ are permissible.
Requests revealing protected class status should follow a conditional job offer.
Pre-employment drug testing may constitute discrimination; job-related skills tests are acceptable.

Common Law Liability in Employment

Employers must investigate potential risks related to job responsibilities.
Verification of education credentials is essential, particularly for regulated professions.
Consent is necessary for police record checks; such checks should be limited.
Social media checks can lead to misinformation and must be approached cautiously.

Types of Employment Relationships

Employees can be permanent, temporary, casual, agency/temps, or temporary foreign workers.
Ontario employment statutes generally do not differentiate among employee types.
Temporary employees typically lack entitlement to notice upon termination.

Written Employment Contracts

Contracts require offer, acceptance, and consideration to be binding.
Written contracts mitigate misunderstandings and clarify disputes.
Contracts should be tailored to individual employees, especially for specific roles.

Common Contractual Terms

Important contractual elements include job description, remuneration, term, and termination clauses.
Notice of resignation, probationary periods, remote work conditions, and benefits may be included.
Contracts can also specify restrictive covenants, intellectual property ownership, and applicable law.

Additional Terms in Contracts

Whole agreement clauses outline conditions of the contract.
Inducement clauses prevent misleading statements in contract formation.
Severability clauses ensure the contract remains enforceable if parts are invalidated.
Special provisions like “Golden Parachute” refer to lucrative exit packages for executives.

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Test your knowledge on the key sources and statutes of employment law in Ontario and beyond. This quiz covers important legislation, employee rights, and the legislative process. Learn about the historical context and significance of various employment statutes.