BUS 381 Questions with CORRECT Answers
Why do we need Employment Law?
• Primary objective: prevent employers from exploiting paid workers, assuming that an implicit
power balance exists in the employment relationship (in favour of the employer)
• Also exists to ensure that employers are treating their employees in a manner that is consistent
with our collective belief system in Canada
Government's Role
Balancing employee's rights to be protected from harmful business practices and employers
rights to modify employee work terms and arrangements according to legitimate business needs
through the development and maintenance of employment legislation
The Dynamic Nature of Employment Legislation
Employment law and its interpretation are under constant pressure to adapt and pivot to new
workplace realities
Hierarchy of Employment Legislation in Canada
• Government sets legislations
• Interpretation of legislation by Judges and Law Enforcement influences workplace
Precedent
How the decision or interpretation of a court or another jurisdiction or a similar case can act as a
persuasive authority regarding how legislation should be interpreted & applied in other
jurisdictions or cases
,Canada's Jurisdiction (Canada Federal System)
A divided jurisdiction :
- Federally regulated employers
- Provincial/Territorial Employment laws for all other employers
Federally regulated employers
Federal civil service, crown corporations, transport, post office, airlines, banking &
communications
Multiple Layers of Canadian Legislation Affecting Workplace Practices (6)
• Charter of Rights and Freedoms
• Human Rights Legislation
• Employment Standards Legislation
• Ordinary Laws
• Collective Bargaining Agreement
• Employment Contract
Charter of Rights and Freedoms
Basic right guaranteed to all persons residing in Canada
Applied to the government, not the people, sets standards for rule and law
Human Rights Legislation
Protection from discrimination in employment relationships and the delivery of goods and
services
, Employment Standards Legislation
Establishes minimum terms & conditions of the employment relationship within each
jurisdiction
(e.g. minimum wages, hours of work, parental leave, stat holidays) *irrelevant for unionized
sector
Ordinary Laws
Protection under context or content-specific laws affecting workplaces
(like occupational health and safety, ex: worksafeBC)
Collective Bargaining Agreement
A legally binding agreement establishing minimum terms and conditions of employment
affecting unionized positions
Employment Contract
A contract between an individual employee and their employer regarding specified employment
conditions in specified roles
Tort Law
Primarily judge-based law, whereby a victim is provided compensation for losses and damages
in civil court
Why is Tort Law important to HRM?
Why do we need Employment Law?
• Primary objective: prevent employers from exploiting paid workers, assuming that an implicit
power balance exists in the employment relationship (in favour of the employer)
• Also exists to ensure that employers are treating their employees in a manner that is consistent
with our collective belief system in Canada
Government's Role
Balancing employee's rights to be protected from harmful business practices and employers
rights to modify employee work terms and arrangements according to legitimate business needs
through the development and maintenance of employment legislation
The Dynamic Nature of Employment Legislation
Employment law and its interpretation are under constant pressure to adapt and pivot to new
workplace realities
Hierarchy of Employment Legislation in Canada
• Government sets legislations
• Interpretation of legislation by Judges and Law Enforcement influences workplace
Precedent
How the decision or interpretation of a court or another jurisdiction or a similar case can act as a
persuasive authority regarding how legislation should be interpreted & applied in other
jurisdictions or cases
,Canada's Jurisdiction (Canada Federal System)
A divided jurisdiction :
- Federally regulated employers
- Provincial/Territorial Employment laws for all other employers
Federally regulated employers
Federal civil service, crown corporations, transport, post office, airlines, banking &
communications
Multiple Layers of Canadian Legislation Affecting Workplace Practices (6)
• Charter of Rights and Freedoms
• Human Rights Legislation
• Employment Standards Legislation
• Ordinary Laws
• Collective Bargaining Agreement
• Employment Contract
Charter of Rights and Freedoms
Basic right guaranteed to all persons residing in Canada
Applied to the government, not the people, sets standards for rule and law
Human Rights Legislation
Protection from discrimination in employment relationships and the delivery of goods and
services
, Employment Standards Legislation
Establishes minimum terms & conditions of the employment relationship within each
jurisdiction
(e.g. minimum wages, hours of work, parental leave, stat holidays) *irrelevant for unionized
sector
Ordinary Laws
Protection under context or content-specific laws affecting workplaces
(like occupational health and safety, ex: worksafeBC)
Collective Bargaining Agreement
A legally binding agreement establishing minimum terms and conditions of employment
affecting unionized positions
Employment Contract
A contract between an individual employee and their employer regarding specified employment
conditions in specified roles
Tort Law
Primarily judge-based law, whereby a victim is provided compensation for losses and damages
in civil court
Why is Tort Law important to HRM?
