law textbook – 2 index

absenteeism – attendance management should be included in the employment manual, and should promote good attendance by identifying and motivating employees with a poor attendance record
accomodation lies in tailoring the workplace to meet the needs of the individual employee
accomodation – employee family status must fulfill obligationsis a protected groud for discriminationmust prove undue hardshipprotects not only the family but also the work life balance
accomodation – employee pregancy and breast-feeding needs temporary accomodations in the workplaceextends to the area of benefits
accomodation – employee religious beliefs and practices things such as dress codes, break policies, work schedules and religious leace
accomodation – employee's obligations with disabilities – providing alternative work
accomodation – employee's obligations with disabilities – requests, handling by employer
accomodation – Honda decision the law of wrongful dismissal with the reformulation when and how Wallace-type damages are awardedreseulted in wallace damages being claimed not as often better reward for loss of reputation or reduction of incomeseparating the claims in categories
administrative agency below tribunals in the administrative hierarchyempowered to investigate complaints, make rulingsissue guidlines and have an educational role
administrative tribunal make decisions in specialized areas, primary juristiction in employment law the exception is common law of wrongful dismissalquasi-judical
adverse impact discrimination constructive discriminationdiscrimination are sometimes hidden or unintentional
adverstising a job
affirmative action
agency/ temp employee
agent
aggravated damages
aggressive recruiting
agreement to vary
appellant
application
arbitration
attendance management – culpable abseenteeism
attendance management – innocent abseenteeism
attendance management – programs
attendance management – sample letters
attestation clause
accessibility for ontarians with disabilities act (AODA) the goal is to make Ontario fully accessible to people with disabilities by phasing in accessibility standards2005
accessibility for ontarians with disabilities act (AODA) – 5 accessibility standards covering 5 key areas customer service, informationa & communication, employment, transportation, built environment
Integrated Accessibility standards regulation (IASR) informationa & communication, employment, transportation, built environment
accessibility for ontarians with disabilities act (AODA) – 8 requirementscovered by the employment accessibility standard recruitment assessment selectionaccessible formats, communication supports for workersworkplace emergency response info.documented ind. accomodation planreturn to work processperformance managementcareer development, advancementredeployment
accessibility for ontarians with disabilities act (AODA) – written process employers with 50 or more employeesfor the development of documented individual accomodation plans for employees with disabilities
3 factors of accomodation individualization – each person's needs are uniquedignity – accommodated in a manner that most respects their dignityinclusion – job requirements and workplace must be designed with everyone in mind
accomodation – obligations of the employer
accomodation – obligations of the employee
accomodation – obligations of unions
accomodation – legals section 17- you can take the righ away if they cant do the job 100%- not court/tribunal will find a person incapable unless it proves that accomadation till undue hardship occured- must be justifiable and reasonable
risks associated to accomodation other employees see it as favortism instead of accommodationunable to understandassumptions, etc
accomodation – managers/supervisors training – sensitized to the supports requird and the duty to accomodate in preparing & applying its attendance policy- understand the types of accomodation available- test disabled inds. to determine wheither their disability affects their ability to perform
accomodation – providing alternative work
risks associated to accomodation other employees see it as favortism instead of accommodationunable to understandassumptions, etc
accomodation – managers/supervisors training – sensitized to the supports requird and the duty to accomodate in preparing & applying its attendance policy- understand the types of accomodation available- test disabled inds. to determine wheither their disability affects their ability to perform
accomodation – providing alternative work usually with long term employees, accomodation may require the creation of a position
accomodation – employee's obligation to cooperate has to let the employer know about the need for accomodationsduty to cooperate with the accomodation process
accomodation – employees who abouse Drugs and alcohol is a disability in canada by laware entitled to accomodation until undue hardshipemployee should be required to undergo counseling or rehabilitation and never create the impression that it is tolerating the abuse
quasi-judical they observe the rules of procedural fairness and provide a full hearing, but re less formal than courts, and their members areexperts in employment matters
sources of employment law statute lawconstitutional lawcommon law
statute law legislation passed by the governmentlegislation or acts
constitutional law the Canadian Charter of Rights and Freedoms
Common law judge-made law
types of bills – public bills (intro in the legislature by the cabenet minister)- private bills (cover non-public matters)- private members' bills (matters of pulic importance, like a public bill but not brought by a cabinet member)
statutory interpretation judges or members of administrative tribunals interpret legislation while adjudicating casestheir are rules and ie mieschief rules
Employment standards act 2000 minimum rights and standards for employees
Human rights code preventing and remedying discrimination and harassment based on specific prohibited grounds
Labour relations act 1995 rights of employees to unionize and collective bargaining process
Occupational health and safety act (OHSA) requirements and responsibilities of parties in creating a safe workplace and preventing workplace injuries and accidents
Workplace safety and insurance act 1997 no-fault insurance plan to compensate workers for work related injuries and diseases, allows employers limited financial exposure to the costs of workplace accidents through a collective funding system
Pay equity act gender discrimination in compensationequal pay for equal work
accessibility for ontarians with disabilities act 2005 provides legal basis for the development of accessibility standards in 5 key areas
federal employment statutes the canadian labour codecanadian human rights actdo not have provincial counter parts in ontario but are relevent to provincially regulated employers
employment equity act requires affirmative aaction initiatives for visible minorities, women, people with disabilities and aboriginal people
personal information protection and electronic documents act (PIPEDA) rules concerning how organizations may collect, use and disclose personal information
the canada pension plan provides qualifying employees with pension benefits on retirement and permanent disability
employment insurance act provides qualifying employees with income replacement during periods of temporary unemployment
the canadian charter of rights and freedoms set out guaranteed rights and freedoms that can affect the workplace whenever government action is involved"supreme law of the land"

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