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Chapter 2
The Changing Legal
Emphasis:
Compliance & Impact
on
Canadian Workplaces
 Jurisdiction
Federal laws
n federally regulated employers (federal civil service,
Crown corporations and agencies, transportation,
banking and communications; 10% of Canadian
workers)

Provincial/territorial employment laws

n all other employers (90% of Canadian workers)

14 jurisdictions (10 provinces, 3 territories,

and the federal---Canada as a whole)
 Canadian Legislation
n Canadian Charter of Rights and Freedoms
basic rights for all Canadians
n Human Rights Legislation
protection from discrimination
n Employment Standards Legislation
minimum terms and conditions of employment
n Ordinary Laws
content or context specific
n Collective Bargaining Agreement
n Employment contract
 Charter of Rights and Freedoms
(1982)
n Fundamental Freedoms:
conscience and religion
thought, belief, opinion and expression
peaceful assembly
Association

n Section 15 provides equality rights

 Human Rights Legislation---
Prohibited Grounds of Discrimination

race religion/creed
colour physical and mental
age handicap
sex Sexual orientation
marital/family status ethnic/national origin
(grounds vary across jurisdictions)
 Discrimination

n distinction, exclusion or preference based

on a prohibited ground nullifies or impairs
an employees rights to:
full and equal recognition
exercise of human rights and freedoms
 Types of Discrimination Prohibited

Intentional Unintentional
(constructive/systemic)
differential/unequal
treatment embedded in
based on association policies with adverse
impact on protected
groups
 Bona Fide Occupational
Requirement (BFOR)
n A legal form of discrimination
n Justified business reason for
discriminating against members in a
protected class
based on business necessity for safe and
efficient operations
intrinsically required by job tasks eg. must
have (e.g. sight to drive a truck)
 Harassment
n Was there any unwelcome remarks, slurs,
jokes, taunts, or suggestions about a
persons body, clothing, race, , or other
personal characters?

n Sexual Harassment
sexual annoyance: sexually related conduct
that is hostile, intimidating, or offensive to the
employee, but has no direct link to tangible
job benefits or loss (sexual coercion)
thereof.
 Employment Equity Act
applies to federally regulated employers only
employment equity designated groups

Women Visible
minorities

Persons with Aboriginal

disabilities people
 Employment/Labour Standards
Legislation
n establish minimum entitlements for employees
minimum wage, overtime pay
paid holidays and vacations
maternity/paternity leave
bereavement/compassionate care leave
termination notice

n set limit on maximum number of work hours

permitted per day or week
n employment contracts may exceed minimums
n principle of greater benefit applies
 Respecting Employee Privacy
Electronic Monitoring and Employee Privacy
employee right to privacy vs. employer
right to prevent liability to the company
employers concerned with lost productivity
and abuse of company property for
possible illegal use
electronic monitoring easy, inexpensive;
legal if balanced with employee rights
under privacy legislation (PIPEDA)
 Respecting Employee Privacy
Electronic Monitoring and Employee Privacy

Internet and Email Usage Policy

-what use is permitted and what use is not
-employees acknowledge that the employer has the
right to and does monitor internet and email use
-violation of policy will result in penalties
-both parties involvement and policy should be
updated regularly