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Employment Ch 1,3,4 || All Correct.

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There are two main sources of employment law in Canada that interact together to establish the law as we know it. What are they? correct answers common law & statute law - Statutes usually address issues such as _________________ _________________ _________________, health and safety and anti-di...

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  • September 12, 2024
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  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • Employment Ch 1,3,4
  • Employment Ch 1,3,4
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Employment Ch 1,3,4 || All Correct.
There are two main sources of employment law in Canada that interact together to establish the
law as we know it. What are they? correct answers common law & statute law

- Statutes usually address issues such as _________________ _________________
_________________, health and safety and anti-discrimination.
- Statutes are laws passed by the federal & provincial government.
- Employment law generally falls under _________________ jurisdiction, unless the case
pertains to a __________ employee or a ____________regulated sector correct answers
minimum employment standards, provincial, federal, federally

When is the statute applicable and when will the court look at the common law?

- Statutes give the bare minimum of what an ________________ has to give

- The common law gives the _______________ a person can be entitled to in a situation. correct
answers employer, maximum

Employment law is basically a subsidiary of ___________ ______. correct answers contract law

Heath & Safety Occupational laws are ________________________ to make sure accidents
don't happen. There are sometimes ______________components for employers.
(PREVENTATIVE)

WSIB laws that are designed for when people do get hurt. They try to answer the question of
how are we going to take care of them. They are designed to _______________________.
correct answers preventative, criminal, rehabilitate

The biggest source of human rights complaints fall under the __________________sector.
correct answers employment

Only Federal Employment Laws when....
- they Employee works for __________________________________
- Challenging a law using the ___________ to challenge the constitutionality of a law
- If the person is in a federally ____________work centre correct answers federal government,
charter, regulated

- Each province drafts its own laws regarding employment standards, health and safety, etc.

-In the past all employment contracts were governed by ____________________, however
governments created _______________ to codify the laws and to address the
_________________________employees had when entering into employment contracts.

,-Employment standards _____________addresses various issues such as how many hours are in
a regular work week, minimum wages, vacation entitlements, working conditions, maternity and
parental leaves, etc. correct answers common law, statutes, lack of power, legislation

Examples of new laws:

Ontario Human Rights Code
Employment Standards Act

All these laws developed in the last 70 to 80 years.
Traditionally employment relationships were ______________. correct answers one-sided

There are ____ important employment law statutes in Ontario. correct answers 9

What are these called?

-Employment Standards Act (ESA)
-Human Rights Code (HRC)
-Labour Relations Act
-Occupational Health and Safety Act
-Workplace Safety and Insurance Act
-Pay Equity Act
-Accessibility for Ontarians with Disabilities Act (AODA)
- Stronger Workplaces for a Stronger Economy Act
Fair Workplaces, Better Jobs Act correct answers Employment Law Statutes in Ontario

Employee Standards Act
- bare minimum employers must provide

Human Rights Code
- eliminates ______________ in the workplace

Labor relations Act
- _____________ work places

Occupational health & safety
- safe work places before an accident happens
- _____________ penalties

Workplace Safety Insurance Act
- how to deal with people after injured

Pay Equity Act
- equal pay for ________ _________

AODA

, - creating workplaces that are __________________

Stronger Workplaces For a Stronger Economy
- 2015 law tying minimum wage to inflation

Fair Workplaces, Better Jobs Act
- 2018 drastically increased ___________________
- amended legislation
- catch all legislation so they could change all these other laws

Many of these laws have own ___________ attached so you have to think what is the best forum
for your client including monetary jurisdiction and timeline of your client. correct answers
discrimination, unionized, criminal, equal work, accessible, minimum wage, tribunal

The six main federal employment laws are:

- Canada ___________ Code
- Canadian Human Rights Act
- Canadian Charter of Rights and Freedoms (___________________ Act)
- Employment Equity Act
- Canada Pension Plan
- Employment ______________ Act correct answers Labour, Constitution, Insurance

How many federal employment laws are there? correct answers 6

Common Law consists of decisions made by judges, and in employment law cases this usually
covers the area of ____________________________________, contract disputes and
__________________ and also torts. correct answers wrongful dismissal, interpretation

Every employment relationship is a _____________ and these can be made __________ or in
___________ and fall under the common law. correct answers contract, orally, writing

There is an implied term in all written and oral contracts regarding
____________________________ which allows for a reasonable notice period for dismissal or
______________________________. correct answers notice of dismissal, pay in lieu of notice

Notice is not required in cases where an employer can demonstrate "_________________" or
serious misconduct

- this is usually what ____________________________ cases focus on correct answers just
cause, wrongful dismissal

Termination Notice is required even in cases of
- lay-off
- work shortage
- reasons of ____________ necessity

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