HRIR 2440 Test 3 Questions with Correct
Answers
What's the primary objective of most employment legislation in Canada?
To prevent employers from exploiting paid workers, assuming that an implicit power
imbalance exists
Describe "precedent"
The decision or interpretation of a court of another jurisdiction can act as a persuasive
authority regarding how legislation is to be interpreted and applied in other jurisdiction
How does the government balance employer and employee needs?
- Employees have a right to be protected from harmful business practices
- Employers have a right to modify employee work terms and arrangements according to
legitimate business needs
Layers of Canadian legislation from broadest to narrowest
- Canadian charter of rights and freedom
- Human rights legislation
- Employment standards legislation
- Ordinary laws
- Collective bargaining agreement
- Employment contract
What is tort law?
Primarily judge based law, whereby a victim is provided compensation for losses or damages
in civil court (not criminal court)
, What are regulations?
Legally binding rules established by special regulatory bodies created to enforce compliance
with the law and aid in its interpretation
What are some of the fundamental rights granted to every Canadian?
- Freedom of conscience and religion
- Freedom of thought, belief, opinion, and expression, including freedom of the press and
other communication media
- Freedom of peaceful assembly, and
- Freedom of association
Discrimination
A distinction, exclusion, or preference based on any of the prohibited grounds and has the
effect of nullifying or impairing the right of a person to full and equal recognition and
exercise of his or her human rights and freedoms
Human rights legislation
Jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in
employment situations and in the delivery of goods and services
Differential or unequal treatment
Treating an individual differently in any aspect of terms and conditions of employment based
on any of the prohibited grounds
Discrimination because of association
Denial of rights because of friendship or other relationship with a protected group member
Unintentional "constructive" systematic discrimination
Answers
What's the primary objective of most employment legislation in Canada?
To prevent employers from exploiting paid workers, assuming that an implicit power
imbalance exists
Describe "precedent"
The decision or interpretation of a court of another jurisdiction can act as a persuasive
authority regarding how legislation is to be interpreted and applied in other jurisdiction
How does the government balance employer and employee needs?
- Employees have a right to be protected from harmful business practices
- Employers have a right to modify employee work terms and arrangements according to
legitimate business needs
Layers of Canadian legislation from broadest to narrowest
- Canadian charter of rights and freedom
- Human rights legislation
- Employment standards legislation
- Ordinary laws
- Collective bargaining agreement
- Employment contract
What is tort law?
Primarily judge based law, whereby a victim is provided compensation for losses or damages
in civil court (not criminal court)
, What are regulations?
Legally binding rules established by special regulatory bodies created to enforce compliance
with the law and aid in its interpretation
What are some of the fundamental rights granted to every Canadian?
- Freedom of conscience and religion
- Freedom of thought, belief, opinion, and expression, including freedom of the press and
other communication media
- Freedom of peaceful assembly, and
- Freedom of association
Discrimination
A distinction, exclusion, or preference based on any of the prohibited grounds and has the
effect of nullifying or impairing the right of a person to full and equal recognition and
exercise of his or her human rights and freedoms
Human rights legislation
Jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in
employment situations and in the delivery of goods and services
Differential or unequal treatment
Treating an individual differently in any aspect of terms and conditions of employment based
on any of the prohibited grounds
Discrimination because of association
Denial of rights because of friendship or other relationship with a protected group member
Unintentional "constructive" systematic discrimination
