HRM Workbook

statute law:
legislation passed by the government
common law
is law made by judges
stare decisis
to stand by things decided. Aka lower courts standing by decisions made by higher courts.
contract law
an area of civil law that governs agreements between people or companies to purchase or provide goods or services
tort law
a branch of civil law that governs wrongs for which a legal remedy is available independent of any contractual relationship
precedent
what previous courts have decided in similar cases
constitutional law
the Canadian Charter of Rights and Freedoms
Canadian Labour Code
Employment standards, collective bargaining, and health and safety
the canadian human rights act
Covers human rights and pay equity
Employment Equity Act
Requires affirmative action initiatives for visible minorities, women, people with disabilities, and aborigional people
Personal Information Protection and Electronic Documents Act (PIPEDA)
Establishes rules concerning how organizations may collect use and disclose personal information
Canadian Charter of Rights and Freedoms
part of the constitution in 1982. it sets out the guaranteed rights and freedoms that can affect the workplace whenever government action is involved. it applies to government actions and conduct or where the employer is part of the public sector.
employment standards act
Sets out minimum rights and standards for employees, including minimum wages, overtime, hours of work, termination and severance pay, pregnancy and parental leave, vacation, and public holidays
human rights code
Aimed at preventing and remedying discrimination and harassment based on specified prohibited grounds
Labour Relations act
Deals with the rights of employees to unionize and the collective bargaining process
OHSA
Outlines the requirements and responsibiliites of parties in creating a safe workplace and preventing workplace injuries and accidents
Workplace safety and insurance act
Provides a no fault insurance plan to compensate workers for work related injuries and diseases.
The Pay Equity Act
Addresses the issue of gender discrimination in compensation. It requires employers with ten or more employees to provide equal pay for work of equal value.
Hierarchy of law
constitutional law, then statutes or act, and then case or common law
contract law
involves the legal relationship between an employer and a non unionized employee is contractual. The general principles of contract law determine whether an employee-employer relstionship exists and what remedies apply to a breach of the employment agreement. It contains terms related to dismissal of employees.
tort law
A tort is a wrong for which there is a legal remedy. It is a branch of civil law and covers wrongs and damages that one person or company causes to another, independent of any contractual relationship between them. A tort can be either a deliberate or negligent action.
Tests to establish an employee employer relationship
1. Control Test: does the organization control the individuals work, where and how it is performed 2.Risk test 3.ORganization integration test 4. Durability and exclusivity of relationship test 5. tools test