Chat with AIExam 12: Employment
Discuss developments in human rights law as they relate to the area of employment. In your answer, refer to judicial decisions.
(85) 
VerifiedStudents should note that one area of employment law that is growing in significance is that of human rights. While the passage of the Charter of Rights and Freedoms does not apply directly to most employment situations, it has had an important indirect effect on human rights statutes (which must comply with the Charter). Provincial and federal human rights legislation prohibits discrimination in the area of employment on the basis of race, national or ethnic origin, colour, religion, gender, sexual orientation, and in some cases, age, marital status, family status, physical or mental disability, and pardoned criminal convictions. Students should note that human rights tribunals have the power to hear complaints.
Many implications for human rights law emerged in the employment context (which includes the pre-employment application and interview process). Employers should be especially careful to develop policies that avoid unjust discrimination against same-sex couples, that accommodate workers with disabilities, and that help to curtail harassment in the workplace.
Some important decisions in this area include the Supreme Court decision in Robichaud v. Canada (Treasury Board) in which an employer was found liable for discriminatory acts of employees, the BC Court of Appeal decision in Health Sciences Assn. of British Columbia v. Campbell River and North Island Transition Society in which discrimination on the basis of family status was successfully argued, and the Meiorin case in which the Supreme Court of Canada established a three-part test used to evaluate if an occupational requirement is justified.
Explain why picketing can be effective.
(80) VerifiedThere is a strong union tradition (but no legal obligation) where union members will not cross another union's picket lines. Therefore, a close-down of a business can be very effective.
Why is the distinction between employment and an independent contract important?
(78) VerifiedD
An employee who is also a fiduciary may be subject to certain obligations toward an employer only through special provisions in their employment contract.
(72) Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss came in one morning and told Jeff that although he had always been a great employee, he was being let go for financial reasons. He gave Jeff only 2 weeks' notice. Jeff checked his employment contract and verified that the agreement provided that only 2 weeks' notice was required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sues for wrongful dismissal, what is the Court likely to find?
(95) Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.
(82) A certified union has exclusive rights to represent the employees, and individual bargaining unit employees are no longer free to enter into separate contractual arrangements with their employer.
(74) When new employees are required to join a union within a specified period of time, this is referred to as
(71) While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.
(73) Joe had been working for Sam in a supervisory position for 14 years when Sam called him into the office, told him that he didn't have any more work for him to do, and told him that he would be expected to be off the job and the relationship terminated by the end of the month (1-1/2 weeks away). During his 14 years of employment, Joe had worked in a number of positions, but when he assumed his most recent supervisory position one year prior, he had signed an agreement stating that he was only entitled to one week's notice. This agreement also provided him with a substantial raise. Discuss the legal position of the parties.
(89) The process by which a third party imposes a solution to a dispute on the employer and union is called
(79) Which of the following statements is false with respect to the employee's obligation to give the employer notice upon quitting?
(93) Discuss the remedies for the employee in a wrongful dismissal action as well as any obligations the employee may have in this action.
(70) Give examples of three areas of employment relations that have been controlled by legislation.
(77) There are significant examples of statutes that interfere with the free contractual nature of the employment relationship or otherwise compensate for the inadequacies of the protections given to employees under the common law. Discuss several examples of these statutes in terms of the objectives to be accomplished and whether these objectives have been met.
(79) Joe was a self-employed insurance broker. His client, Sam, wished to purchase home insurance. As was his normal practice, Joe got into his car and drove past Sam's house to determine if all was as stated by the client. In the process of doing so, he struck a pedestrian crossing the street in a crosswalk because he was distracted by his examination of the house. The injured pedestrian sued not only Joe, the insurance broker, but the client as well. Explain the likely outcome.
(84) Joe worked for Sam in Sam's Manufacturing Plant as a supervisor for five years, and for five years prior to that had been foreman. Because of a reorganization, the position of supervisor was eliminated and Joe was reassigned to his old job as night foreman. He refused to take it and sued for wrongful dismissal. What would be the outcome?
(77) In RBC Dominion Securities Inc. v. Merrill Lynch, virtually all of the investment advisors at the RBC branch left without notice and went to work for a competitor, Merrill Lynch. What did the Court determine?
(96) 
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