Podcast
Questions and Answers
What is defined as laws passed by the federal or provincial/territorial government?
What is defined as laws passed by the federal or provincial/territorial government?
Which of the following applies to both unionized and non-unionized employees?
Which of the following applies to both unionized and non-unionized employees?
What must happen before a bill becomes a statute?
What must happen before a bill becomes a statute?
What is an example of a regulation made under the authority of a statute?
What is an example of a regulation made under the authority of a statute?
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Which of the following is NOT considered a key Ontario employment statute?
Which of the following is NOT considered a key Ontario employment statute?
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Who typically introduces public bills in the legislature?
Who typically introduces public bills in the legislature?
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What term is used for rules made under a statute?
What term is used for rules made under a statute?
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What happens to a bill once it receives Royal Assent?
What happens to a bill once it receives Royal Assent?
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What is the employer's obligation when it comes to accommodating employees?
What is the employer's obligation when it comes to accommodating employees?
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Why should job advertisements avoid discouraging qualifications?
Why should job advertisements avoid discouraging qualifications?
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When can employers include questions related to prohibited grounds in an interview?
When can employers include questions related to prohibited grounds in an interview?
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When should employers request information that may disclose a candidate's protected class status?
When should employers request information that may disclose a candidate's protected class status?
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What is the potential issue with pre-employment alcohol and drug testing?
What is the potential issue with pre-employment alcohol and drug testing?
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What should be done after a candidate tests positive for drugs or alcohol?
What should be done after a candidate tests positive for drugs or alcohol?
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What is a potential consequence of using substance-related testing in employment?
What is a potential consequence of using substance-related testing in employment?
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What type of tests are acceptable as part of the employment screening process?
What type of tests are acceptable as part of the employment screening process?
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What is a potential consequence for an employee who is induced to leave their previous job and subsequently dismissed?
What is a potential consequence for an employee who is induced to leave their previous job and subsequently dismissed?
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What should employers avoid when presenting job offers to candidates?
What should employers avoid when presenting job offers to candidates?
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Under what conditions can non-competition clauses be upheld according to the 2021 amendments to the Employment Standards Act?
Under what conditions can non-competition clauses be upheld according to the 2021 amendments to the Employment Standards Act?
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What must an employee prove to successfully claim anticipatory breach of contract?
What must an employee prove to successfully claim anticipatory breach of contract?
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What is one implication of negligent hiring for employers?
What is one implication of negligent hiring for employers?
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Which action should not be included in a written employment contract?
Which action should not be included in a written employment contract?
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What demonstrates anticipatory breach of contract in an employment scenario?
What demonstrates anticipatory breach of contract in an employment scenario?
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What should employers include to mitigate potential claims of wrongful dismissal?
What should employers include to mitigate potential claims of wrongful dismissal?
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What role do administrative tribunals play in employment law?
What role do administrative tribunals play in employment law?
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How can an individual be classified differently for tax purposes compared to wrongful dismissal actions?
How can an individual be classified differently for tax purposes compared to wrongful dismissal actions?
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What significant change will the Digital Platform Workers’ Rights Act, 2022 introduce?
What significant change will the Digital Platform Workers’ Rights Act, 2022 introduce?
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Which statement best describes the Meiorin three-part test?
Which statement best describes the Meiorin three-part test?
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How have definitions of discrimination changed over time in human rights legislation?
How have definitions of discrimination changed over time in human rights legislation?
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What does the term 'agent' refer to in the context of employment law?
What does the term 'agent' refer to in the context of employment law?
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What do provincial and territorial human rights statutes generally address?
What do provincial and territorial human rights statutes generally address?
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According to the Meiorin test, what must be demonstrated regarding the rule or requirement?
According to the Meiorin test, what must be demonstrated regarding the rule or requirement?
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What are the three basic elements necessary to create a contract?
What are the three basic elements necessary to create a contract?
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Which of the following is NOT an advantage of a written employment contract?
Which of the following is NOT an advantage of a written employment contract?
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For less skilled positions, what may suffice instead of a full employment contract?
For less skilled positions, what may suffice instead of a full employment contract?
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Which of the following terms would typically be included in an employment contract?
Which of the following terms would typically be included in an employment contract?
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Which term refers to the conditions under which an employee can be dismissed without cause?
Which term refers to the conditions under which an employee can be dismissed without cause?
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What is a common inclusion in employment contracts to address potential future disputes?
What is a common inclusion in employment contracts to address potential future disputes?
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What type of clause might dictate what happens to an employee's contributions to intellectual property created during their employment?
What type of clause might dictate what happens to an employee's contributions to intellectual property created during their employment?
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Which of the following is a common term that addresses how corporate policies may change?
Which of the following is a common term that addresses how corporate policies may change?
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What is the employer's responsibility when hiring for a position requiring specific degrees?
What is the employer's responsibility when hiring for a position requiring specific degrees?
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What is a requirement for conducting police records checks on candidates?
What is a requirement for conducting police records checks on candidates?
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What should employers be cautious about when using internet and social media searches?
What should employers be cautious about when using internet and social media searches?
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Which of the following types of employees are generally not entitled to termination notice or pay in lieu of notice?
Which of the following types of employees are generally not entitled to termination notice or pay in lieu of notice?
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When should most types of background checks be conducted to protect the employer from liability?
When should most types of background checks be conducted to protect the employer from liability?
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What is the primary purpose of employment statutes?
What is the primary purpose of employment statutes?
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In which scenario is a private member's bill typically introduced?
In which scenario is a private member's bill typically introduced?
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What happens after a bill is proposed in the legislature?
What happens after a bill is proposed in the legislature?
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Which of the following statements about regulations is accurate?
Which of the following statements about regulations is accurate?
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Which of the following Acts is NOT categorized as a key Ontario employment statute?
Which of the following Acts is NOT categorized as a key Ontario employment statute?
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What does Royal Assent signify in the legislative process?
What does Royal Assent signify in the legislative process?
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How do employee rights in statutes typically apply?
How do employee rights in statutes typically apply?
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Which of the following is an example of a statute affecting employment relationships?
Which of the following is an example of a statute affecting employment relationships?
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What does Alberta's Human Rights Code prohibit in employment?
What does Alberta's Human Rights Code prohibit in employment?
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Which of the following statements is true regarding the Alberta Human Rights Code?
Which of the following statements is true regarding the Alberta Human Rights Code?
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Which ground is NOT included in the Alberta Human Rights Code for discrimination?
Which ground is NOT included in the Alberta Human Rights Code for discrimination?
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Under what circumstances can discrimination be justified according to the Alberta Human Rights Code?
Under what circumstances can discrimination be justified according to the Alberta Human Rights Code?
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What does the Alberta Human Rights Code consider regarding harassment?
What does the Alberta Human Rights Code consider regarding harassment?
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What does the term 'undue hardship' refer to in the context of the Alberta Human Rights Code?
What does the term 'undue hardship' refer to in the context of the Alberta Human Rights Code?
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What aspect of employment does the Alberta Human Rights Code cover?
What aspect of employment does the Alberta Human Rights Code cover?
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Which type of organizations might be exempt from certain provisions of the Alberta Human Rights Code?
Which type of organizations might be exempt from certain provisions of the Alberta Human Rights Code?
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What is the primary objective of the Alberta Human Rights Code?
What is the primary objective of the Alberta Human Rights Code?
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Which federal statute primarily protects individual rights in employment settings?
Which federal statute primarily protects individual rights in employment settings?
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What does the term 'stare decisis' refer to in the context of common law?
What does the term 'stare decisis' refer to in the context of common law?
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Which section of the Canadian Charter of Rights and Freedoms is especially significant from an employment perspective?
Which section of the Canadian Charter of Rights and Freedoms is especially significant from an employment perspective?
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What is the main function of tort law in the context of employment?
What is the main function of tort law in the context of employment?
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Which of the following statements accurately describes the impact of the Canadian Charter of Rights and Freedoms on employment law?
Which of the following statements accurately describes the impact of the Canadian Charter of Rights and Freedoms on employment law?
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What does the phrase 'contract law regulates contractual relationships' imply in employment?
What does the phrase 'contract law regulates contractual relationships' imply in employment?
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What is the primary purpose of the 'notwithstanding clause' defined in section 33 of the Canadian Charter?
What is the primary purpose of the 'notwithstanding clause' defined in section 33 of the Canadian Charter?
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Which industry does federal employment law primarily apply to?
Which industry does federal employment law primarily apply to?
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What common misconception might people have about common law?
What common misconception might people have about common law?
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What type of employment relationship does tort law primarily pertain to?
What type of employment relationship does tort law primarily pertain to?
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What is the potential effect of distinguishing between independent contractors and employees in wrongful dismissal cases?
What is the potential effect of distinguishing between independent contractors and employees in wrongful dismissal cases?
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What is one primary function of administrative agencies or commissions in the employment law context?
What is one primary function of administrative agencies or commissions in the employment law context?
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Which of the following statements is true regarding the Digital Platform Workers' Rights Act, 2022?
Which of the following statements is true regarding the Digital Platform Workers' Rights Act, 2022?
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Which aspect of the Meiorin test assesses the necessity of a rule or requirement in the workplace?
Which aspect of the Meiorin test assesses the necessity of a rule or requirement in the workplace?
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Which statement illustrates the evolution of the definition of discrimination in human rights statutes?
Which statement illustrates the evolution of the definition of discrimination in human rights statutes?
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Within the employment relationship, what role does an agent play?
Within the employment relationship, what role does an agent play?
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What is required to accommodate an employee under the definitions of the Meiorin test?
What is required to accommodate an employee under the definitions of the Meiorin test?
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How do provincial and territorial human rights statutes differ from the Canadian Charter of Rights and Freedoms?
How do provincial and territorial human rights statutes differ from the Canadian Charter of Rights and Freedoms?
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Which of the following best describes the impact of administrative tribunals in employment law?
Which of the following best describes the impact of administrative tribunals in employment law?
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What can be inferred about the evolution of employment law based on the changing definitions of discrimination?
What can be inferred about the evolution of employment law based on the changing definitions of discrimination?
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What do employment statutes primarily set out for working conditions?
What do employment statutes primarily set out for working conditions?
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How is a public bill introduced in the legislature?
How is a public bill introduced in the legislature?
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What is a key feature of regulations that accompany employment statutes?
What is a key feature of regulations that accompany employment statutes?
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What action must occur for a bill to become an official statute?
What action must occur for a bill to become an official statute?
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Which of the following is an example of a key Ontario employment statute?
Which of the following is an example of a key Ontario employment statute?
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What are private members' bills primarily associated with?
What are private members' bills primarily associated with?
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Which aspect of protection does anti-discrimination legislation primarily focus on?
Which aspect of protection does anti-discrimination legislation primarily focus on?
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What does the Employment Standards Act, 2000 focus on?
What does the Employment Standards Act, 2000 focus on?
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What are the three basic elements necessary to create a contract?
What are the three basic elements necessary to create a contract?
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Which of the following is NOT an advantage of a written employment contract?
Which of the following is NOT an advantage of a written employment contract?
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For less skilled positions, what may be sufficient instead of a full employment contract?
For less skilled positions, what may be sufficient instead of a full employment contract?
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Which clause is often found in employment contracts to address potential future disputes regarding termination?
Which clause is often found in employment contracts to address potential future disputes regarding termination?
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Which term refers to restrictions placed on employees regarding their future employment opportunities after leaving a company?
Which term refers to restrictions placed on employees regarding their future employment opportunities after leaving a company?
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What is the role of administrative tribunals in employment law?
What is the role of administrative tribunals in employment law?
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How might an individual be classified differently for employment purposes?
How might an individual be classified differently for employment purposes?
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What will the Digital Platform Workers’ Rights Act, 2022 introduce?
What will the Digital Platform Workers’ Rights Act, 2022 introduce?
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What does the Meiorin three-part test assess?
What does the Meiorin three-part test assess?
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Which statement about human rights legislation is accurate?
Which statement about human rights legislation is accurate?
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What is defined as an agent in the context of employment law?
What is defined as an agent in the context of employment law?
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What must employers do when hiring for positions that require specific degrees?
What must employers do when hiring for positions that require specific degrees?
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What is a potential consequence of not accommodating employees according to employment law?
What is a potential consequence of not accommodating employees according to employment law?
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Under what condition can employers conduct a credit check on an applicant in Ontario?
Under what condition can employers conduct a credit check on an applicant in Ontario?
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What requirement must be met to prove undue hardship in employment accommodations?
What requirement must be met to prove undue hardship in employment accommodations?
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For which types of employment relationships are employees generally not entitled to termination notice?
For which types of employment relationships are employees generally not entitled to termination notice?
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Which of the following describes the current scope of discrimination laws?
Which of the following describes the current scope of discrimination laws?
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What is the primary focus of provincial and territorial human rights statutes?
What is the primary focus of provincial and territorial human rights statutes?
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What is required from a candidate before conducting police records checks?
What is required from a candidate before conducting police records checks?
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What is a major risk associated with using internet and social media searches for background checks?
What is a major risk associated with using internet and social media searches for background checks?
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At what point should most types of background checks be conducted to minimize employer liability?
At what point should most types of background checks be conducted to minimize employer liability?
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What type of employment relationship includes individuals working through an agency?
What type of employment relationship includes individuals working through an agency?
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What must employees do to qualify for benefits under the Employment Insurance (EI) system?
What must employees do to qualify for benefits under the Employment Insurance (EI) system?
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What is the employer's duty when a job exposes others to potential harm?
What is the employer's duty when a job exposes others to potential harm?
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What is a common practice after hiring for positions that include work with vulnerable persons?
What is a common practice after hiring for positions that include work with vulnerable persons?
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What is the main focus of the Canada Labour Code?
What is the main focus of the Canada Labour Code?
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Which section of the Canadian Charter of Rights and Freedoms is especially significant for employment law?
Which section of the Canadian Charter of Rights and Freedoms is especially significant for employment law?
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What is the fundamental principle behind the doctrine of stare decisis in common law?
What is the fundamental principle behind the doctrine of stare decisis in common law?
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Which of the following accurately describes tort law?
Which of the following accurately describes tort law?
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Under employment law, what best describes the role of contract law?
Under employment law, what best describes the role of contract law?
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How does the Personal Information Protection and Electronic Documents Act (PIPEDA) relate to employment law?
How does the Personal Information Protection and Electronic Documents Act (PIPEDA) relate to employment law?
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Which of the following is NOT a federal employment statute?
Which of the following is NOT a federal employment statute?
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Which clause in the Charter allows for limited exceptions to the rights guaranteed?
Which clause in the Charter allows for limited exceptions to the rights guaranteed?
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What does the concept of precedent in common law signify?
What does the concept of precedent in common law signify?
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Why is it important for employment law to include aspects of common law?
Why is it important for employment law to include aspects of common law?
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The Alberta Human Rights Code allows for discrimination under certain circumstances such as bona fide occupational qualifications.
The Alberta Human Rights Code allows for discrimination under certain circumstances such as bona fide occupational qualifications.
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Intent to discriminate is a necessary component for a violation of the Alberta Human Rights Code.
Intent to discriminate is a necessary component for a violation of the Alberta Human Rights Code.
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Civil remedies are provided for violations of the Alberta Human Rights Code, but there are also criminal penalties associated.
Civil remedies are provided for violations of the Alberta Human Rights Code, but there are also criminal penalties associated.
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Alberta's Human Rights Code prevails over other statutes unless those statutes explicitly state they apply despite the Code.
Alberta's Human Rights Code prevails over other statutes unless those statutes explicitly state they apply despite the Code.
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The Alberta Human Rights Code protects job applicants, but not individuals who are already employees.
The Alberta Human Rights Code protects job applicants, but not individuals who are already employees.
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Discrimination through reprisal is one of the additional grounds prohibited by the Alberta Human Rights Code.
Discrimination through reprisal is one of the additional grounds prohibited by the Alberta Human Rights Code.
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Individuals and organizations are allowed to contract out of the Alberta Human Rights Code.
Individuals and organizations are allowed to contract out of the Alberta Human Rights Code.
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Only employers can discriminate against applicants during recruitment as per the Alberta Human Rights Code.
Only employers can discriminate against applicants during recruitment as per the Alberta Human Rights Code.
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The Alberta Human Rights Code does not include provisions regarding sexual harassment.
The Alberta Human Rights Code does not include provisions regarding sexual harassment.
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There are certain exemptions under the Alberta Human Rights Code that allow for discrimination in special service organizations.
There are certain exemptions under the Alberta Human Rights Code that allow for discrimination in special service organizations.
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Statute law consists of laws passed exclusively by provincial governments.
Statute law consists of laws passed exclusively by provincial governments.
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Most employment statutes are aimed solely at unionized employees.
Most employment statutes are aimed solely at unionized employees.
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A bill must successfully pass four readings in the legislature to become a statute.
A bill must successfully pass four readings in the legislature to become a statute.
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Royal Assent is required for a bill to become a statute.
Royal Assent is required for a bill to become a statute.
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The Employment Standards Act, 2000 is an example of legislation that sets minimum standards for working conditions.
The Employment Standards Act, 2000 is an example of legislation that sets minimum standards for working conditions.
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Regulations are minor interpretations of statutes that have no legal authority.
Regulations are minor interpretations of statutes that have no legal authority.
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Private members' bills can only address matters introduced by Cabinet ministers.
Private members' bills can only address matters introduced by Cabinet ministers.
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Ontario has several key employment statutes that were established to protect employee rights.
Ontario has several key employment statutes that were established to protect employee rights.
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Employers are required to accommodate employees only to the point of significant hardship.
Employers are required to accommodate employees only to the point of significant hardship.
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Employment agencies must adhere to human rights requirements.
Employment agencies must adhere to human rights requirements.
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Job advertisements should ideally be limited to word-of-mouth to maintain quality candidates.
Job advertisements should ideally be limited to word-of-mouth to maintain quality candidates.
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Employers can automatically screen out overqualified candidates without further evaluation.
Employers can automatically screen out overqualified candidates without further evaluation.
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Pre-employment medical exams can be conducted before making a conditional job offer.
Pre-employment medical exams can be conducted before making a conditional job offer.
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Substance dependencies are not recognized as a form of disability in employment contexts.
Substance dependencies are not recognized as a form of disability in employment contexts.
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Employers may ask any questions during interviews, regardless of their relevance to the job.
Employers may ask any questions during interviews, regardless of their relevance to the job.
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Employers should wait until after a conditional job offer to request information that may reveal a candidate's protected class status.
Employers should wait until after a conditional job offer to request information that may reveal a candidate's protected class status.
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Testing job-related skills is always considered discriminatory in the hiring process.
Testing job-related skills is always considered discriminatory in the hiring process.
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Questions on job applications should never classify candidates by prohibited grounds.
Questions on job applications should never classify candidates by prohibited grounds.
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An employer's duty to investigate an employee's background increases with the risk of harm the job exposes others to.
An employer's duty to investigate an employee's background increases with the risk of harm the job exposes others to.
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An oral agreement can be legally binding if it contains the basic elements of a contract.
An oral agreement can be legally binding if it contains the basic elements of a contract.
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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.
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.
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Employers should use a single standard contract for all employees to ensure consistency.
Employers should use a single standard contract for all employees to ensure consistency.
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Police records checks can be conducted without obtaining a candidate's consent.
Police records checks can be conducted without obtaining a candidate's consent.
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A letter containing key terms may be sufficient for less skilled positions instead of a full employment contract.
A letter containing key terms may be sufficient for less skilled positions instead of a full employment contract.
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Restrictive covenants are typically included in employment contracts to limit an employee's ability to work after leaving the company.
Restrictive covenants are typically included in employment contracts to limit an employee's ability to work after leaving the company.
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Internet and social media searches are considered completely reliable for background checks.
Internet and social media searches are considered completely reliable for background checks.
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The incorporation of a probationary period in an employment contract is uncommon.
The incorporation of a probationary period in an employment contract is uncommon.
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Temporary employees in Ontario generally have the right to termination notice or pay in lieu of notice.
Temporary employees in Ontario generally have the right to termination notice or pay in lieu of notice.
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Most types of background checks should be conducted after a conditional offer of employment is made.
Most types of background checks should be conducted after a conditional offer of employment is made.
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Employees can be classified as casual or temporary, but not as agency or foreign workers.
Employees can be classified as casual or temporary, but not as agency or foreign workers.
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Employers must comply with the Consumer Reporting Act when conducting credit checks on applicants.
Employers must comply with the Consumer Reporting Act when conducting credit checks on applicants.
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Background checks should only be conducted after a final job offer is made.
Background checks should only be conducted after a final job offer is made.
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The more common types of employment include permanent, temporary, and foreign workers.
The more common types of employment include permanent, temporary, and foreign workers.
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Statute law refers to laws passed by the federal or provincial/territorial __________.
Statute law refers to laws passed by the federal or provincial/territorial __________.
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Most employee rights contained in __________ apply to both unionized and non-unionized employees.
Most employee rights contained in __________ apply to both unionized and non-unionized employees.
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A bill becomes a statute once it receives __________.
A bill becomes a statute once it receives __________.
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Regulations are rules made under the authority of a __________.
Regulations are rules made under the authority of a __________.
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Key Ontario employment statutes include the Employment Standards Act, 2000, and the Human Rights __________.
Key Ontario employment statutes include the Employment Standards Act, 2000, and the Human Rights __________.
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Public bills are introduced by a Cabinet minister responsible for the relevant __________.
Public bills are introduced by a Cabinet minister responsible for the relevant __________.
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Private members’ bills may deal with public matters but are introduced by __________ members.
Private members’ bills may deal with public matters but are introduced by __________ members.
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The Employment Standards Act, 2000 is __________, but its specific applications are often found in accompanying regulations.
The Employment Standards Act, 2000 is __________, but its specific applications are often found in accompanying regulations.
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Employers have a duty to accommodate to the point of undue ______.
Employers have a duty to accommodate to the point of undue ______.
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Employment agencies must comply with all human rights ______.
Employment agencies must comply with all human rights ______.
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Advertisements should not contain qualifications that directly or indirectly discourage or exclude members of ______ groups.
Advertisements should not contain qualifications that directly or indirectly discourage or exclude members of ______ groups.
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The code prohibits questions on applications that directly or indirectly classify candidates by prohibited ______.
The code prohibits questions on applications that directly or indirectly classify candidates by prohibited ______.
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Requests for information that may disclose inclusion in a protected class should be left until after a conditional offer of ______ has been made.
Requests for information that may disclose inclusion in a protected class should be left until after a conditional offer of ______ has been made.
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Because substance dependencies are considered forms of ______, pre-employment alcohol and drug testing may be discriminatory.
Because substance dependencies are considered forms of ______, pre-employment alcohol and drug testing may be discriminatory.
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Employers should be prepared to accommodate candidates who test ______ for drugs.
Employers should be prepared to accommodate candidates who test ______ for drugs.
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Tests that measure job-related skills are acceptable but should take care to avoid discriminatory ______.
Tests that measure job-related skills are acceptable but should take care to avoid discriminatory ______.
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Pre-employment medical or fitness exams should take place only after a conditional offer of ______ has been made.
Pre-employment medical or fitness exams should take place only after a conditional offer of ______ has been made.
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Employers should not automatically screen out candidates they consider to be ______.
Employers should not automatically screen out candidates they consider to be ______.
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The three basic elements necessary to create a contract are offer, acceptance, and ______.
The three basic elements necessary to create a contract are offer, acceptance, and ______.
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An employer's duty to investigate is stronger when a job exposes others to the risk of ______.
An employer's duty to investigate is stronger when a job exposes others to the risk of ______.
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For less skilled positions, a ______ containing key terms and the employer's policy manual may be sufficient.
For less skilled positions, a ______ containing key terms and the employer's policy manual may be sufficient.
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Employers in Ontario must comply with the Consumer Reporting ______ when conducting credit checks.
Employers in Ontario must comply with the Consumer Reporting ______ when conducting credit checks.
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Police records checks require a candidate's informed ______.
Police records checks require a candidate's informed ______.
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One common contractual term related to employment is ______, which outlines the length of the employment period.
One common contractual term related to employment is ______, which outlines the length of the employment period.
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An employer may include ______ clauses in a contract to address non-disclosure and non-compete aspects.
An employer may include ______ clauses in a contract to address non-disclosure and non-compete aspects.
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Different types of employment relationships can include permanent, temporary, and ______ workers.
Different types of employment relationships can include permanent, temporary, and ______ workers.
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The ______ clause in a contract may dictate the handling of any disputes that arise in connection with the agreement.
The ______ clause in a contract may dictate the handling of any disputes that arise in connection with the agreement.
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Temporary employees are generally not entitled to termination notice or pay in lieu of ______.
Temporary employees are generally not entitled to termination notice or pay in lieu of ______.
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To qualify for benefits under the EI system, an employee must have worked a number of qualifying hours in ______ employment.
To qualify for benefits under the EI system, an employee must have worked a number of qualifying hours in ______ employment.
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Employers should conduct background checks after a conditional offer of ______ is made.
Employers should conduct background checks after a conditional offer of ______ is made.
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Internet and social media searches should be used with ______, as they may reveal inaccurate information.
Internet and social media searches should be used with ______, as they may reveal inaccurate information.
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Employers should verify degrees directly with the listed ______ when hiring for certain positions.
Employers should verify degrees directly with the listed ______ when hiring for certain positions.
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Most types of background checks should be conducted after a conditional offer of employment to help protect the employer from ______.
Most types of background checks should be conducted after a conditional offer of employment to help protect the employer from ______.
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Alberta’s Human Rights Code applies to both the private and public ______.
Alberta’s Human Rights Code applies to both the private and public ______.
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The Code prohibits discrimination in employment on ______ grounds.
The Code prohibits discrimination in employment on ______ grounds.
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Intent to discriminate is not necessary; what matters is the ______.
Intent to discriminate is not necessary; what matters is the ______.
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No one can ______ out of the provisions of the Human Rights Code.
No one can ______ out of the provisions of the Human Rights Code.
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The Code is considered remedial ______.
The Code is considered remedial ______.
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Special service organizations may have certain ______ under the Code.
Special service organizations may have certain ______ under the Code.
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Discrimination based on association is recognized as an ______ ground.
Discrimination based on association is recognized as an ______ ground.
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Employers are responsible for ensuring that they set out a position’s essential ______.
Employers are responsible for ensuring that they set out a position’s essential ______.
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Civil remedies are provided under the Code, not ______ penalties.
Civil remedies are provided under the Code, not ______ penalties.
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The provisions of the Code prevail unless another ______ states otherwise.
The provisions of the Code prevail unless another ______ states otherwise.
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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.
