Employment Law for Business Professionals 5e PDF

Employment Law for Business and Human Resources Professionals 5e 6 Sources of Employment Law Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Busi...

Employment Law for Business and Human Resources Professionals 5e 6 Sources of Employment Law Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 7 Sources of Employment Law (cont.) Statute law refers to laws (also called legislation, acts, or statutes) passed by the federal or provincial/territorial government Most employee rights contained in statutes apply to both unionized and non-unionized employees Employment statutes historically have set out minimum standards for working conditions Other statutes may affect the employment relationship, such as anti-discrimination legislation Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 8 Sources of Employment Law (cont.) How are statutes made? Both in Ontario and the federal government, a bill must pass three readings in the legislature to become a statute Public bills are of general application and are introduced by the Cabinet minister who is responsible for the relevant subject Private members’ bills may deal with public matters, but they are introduced by private members rather than Cabinet ministers Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 9 Sources of Employment Law (cont.) A bill becomes a statute once it receives Royal Assent Regulations: rules made under the authority of a statute E.g., Employment Standards Act, 2000 is legislation, but minimum wages for various occupations are found in regulations that accompany the Act Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 10 Sources of Employment Law (cont.) 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 Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 11 Sources of Employment Law (cont.) Federal employment law is restricted by the Constitution Act, 1867 to industries of national importance Federal employment statutes include: Canada Labour Code Canadian Human Rights Act Employment Equity Act Personal Information Protection and Electronic Documents Act (PIPEDA) Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 12 Sources of Employment Law (cont.) The Canadian Charter of Rights and Freedoms was adopted as part of the Constitution Act, 1982 Charter does not specifically address employment law, but the rights guaranteed within it can affect the workplace when government action is involved Most important Charter guarantee from an employment perspective is section 15 Also important is section 33, known as the notwithstanding clause Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 13 Sources of Employment Law (cont.) Common law is the law that has developed from court decisions, or case law Operates on the basis of precedent Stare decisis – higher court decisions are binding on lower courts in the same jurisdiction and in similar situations Occasionally high courts may decide to expand the boundaries of previous rulings or depart entirely from them Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 14 Sources of Employment Law (cont.) Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 15 Sources of Employment Law (cont.) Two branches of the common law that affect employment are: Contract law regulates contractual relationships, including the terms and conditions of non-union employment; and Tort law is a branch of civil law (non-criminal law) that covers torts, or wrongs for which there is a civil remedy Torts may be deliberate or negligent Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 16 Judicial Framework Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 17 Judicial Framework (cont.) The Administrative System Administrative tribunals make decisions in specialized areas, such as employment standards or discrimination Administrative agencies or commissions may be empowered to investigate complaints or make rulings Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 18 Defining the Employment Relationship Copyright © 2024 Emond Montgomery Publications. All rights reserved.  Employment Law for Business and Human Resources Professionals 5e 19 Defining the Employment Relationship (cont.) An individual may be considered an independent contractor for tax purposes but an employee for the purposes of a wrongful dismissal action Once proclaimed, the Digital Platform Workers’ Rights Act, 2022 will introduce certain protections for gig workers who perform digital platform work An agent is someone who represents another person—the principal—in dealings with a third party Copyright © 2024 Emond Montgomery Publications. All rights reserved.