Professional Documents
Culture Documents
Unit 1
The Role and the Importance
of Law in Human Resources
Module 1:
Introduction
Unit 1
Module 2:
Sources of Law
Sources of Law
• Employment law comes from three sources:
1. Common Law
Judicial decisions dating back hundreds of years
2. Statutory Law
Legislation passed by the government
3. The Constitution
Common Law
• Common Law is an area of law is made up of judge-
made laws, spanning centuries.
• Exception:
• Federally-regulated workplaces (e.g., banks
and airlines) are governed by federal
legislation applicable throughout the country.
• Federal level:
• Consists of the Monarch (represented in Canada by
the Governor General); the Senate, whose members
are appointed by the Governor General on the advice
of the Prime Minister; and the House of Commons,
whose members (MPs) are elected by voters.
The Judiciary
Political Changes
How do we put it all together and understand
the different employment laws?
Keep in Mind
Stare decisis
• This is the doctrine of precedent, where similar
cases are decided in a similar way.
Unit 1
Module 3:
Key Statutes and the Constitution
The Constitution
The Charter
• The Canadian Charter of Rights and Freedoms
forms the first part of the Constitution Act,
1982.
• Any law that violates the principles of the Charter is
considered invalid.
• Section 15(1):
“Every individual is equal before and under the law and
has the right to the equal protection and equal benefit
of the law without discrimination and, in particular,
without discrimination based on race, national or
ethnic origin, colour, religion, sex, age or mental or
physical disability.”
R v. Kapp (2008)
Statutes: ESA
• Ontario’s Employment Standards Act (ESA) outlines
the minimum terms of employment.
• It sets out the minimum standards for things like
vacation pay and overtime, or the number of hours
worked.
Statutes: LRA
• The Labour Relations Act (LRA) deals with the
collective bargaining process and the right of
employees to unionize.
Statutes: OHSA
Statutes: WSIA
• The Workplace Safety and Insurance Act (WSIA) does not
directly compensate employees for work-related
accidents and diseases. Rather, instead of having
employees with work-related injuries sue their
employer for compensation, the Workplace Safety and
Insurance Act and its related tribunal offer a mechanism
for dealing with those types of disputes.
Statutes: PEA
Statutes (cont’d)