LW1210 - LABOUR LAW Unit 4 Statute and Subordinate Labour Law.

LW1210 - LABOUR LAW

Unit 4

Statute and Subordinate Labour Law

LABOUR LAWS

In this final unit of the course we will:

Discuss and interpret the key provisions / sections of the Labour Standards Act and Regulations of Newfoundland and Labrador

Discuss and explain the applicability of the Human Rights Code of Newfoundland and Labrador

Describe and interpret key provisions / sections of the Canada Labour Code Parts I and III

Discuss and explain the applicability of the Human Rights Act of Canada

PROVINCIAL AND FEDERAL LABOUR LEGISLATION

PROVINCIAL LEGISLATION The Newfoundland and Labrador Labour

Standards Act and Regulations The Newfoundland and Labrador

Human Rights Act

FEDERAL LEGISLATION The Canada Labour Code The Canadian Human Rights Act

http://assembly.nl.ca/Legislation/sr/statutes/l02.htm


http://assembly.nl.ca/Legislation/sr/regulations/rc960781.htm

http://www.justice.gov.nl.ca/hrc/act/index.html

http://www.labour.gc.ca/eng/resources/laws/

http://laws-lois.justice.gc.ca/eng/acts/h-6/

PROVINCIAL LEGISLATION

PROVINCIAL LEGISLATION The Newfoundland and Labrador

Labour Standards Act and Regulations The Newfoundland and Labrador

Human Rights Act


http://assembly.nl.ca/Legislation/sr/regulations/rc960781.htm

http://www.justice.gov.nl.ca/hrc/act/index.html

KEY PROVISION OF THE NL LABOUR STANDARDS ACT

The Labour Standards Act sets out the minimum standards of employment for workplaces under the jurisdiction of the province of NL

What follows is a chronological overview of the NL Labour Standards Act.

NL LABOUR STANDARDS ACT

Sec 2.1-The Employment statement – Must be in writing

An employer shall provide every employee with a statement in writing of the terms and conditions of his or her employment.

An employer shall retain a copy of the statement referred to in subsection (1) and the employee shall be permitted to have access to it.


Sec. 2.2 - A Copy of Act must be available to all employees

An employer shall display a copy of this Act and the regulations made under it in a prominent and visible place on his or her premises.


Sec. 3 & 4 Conditions – Cannot Contract BELOW the Act, but can contract ABOVE it.

3. A term or condition in a contract of service that confers upon an employee conditions less favourable than the rights, benefits or privileges conferred upon the employee under this Act is void and of no effect.

4. Nothing in this Act prevents a contract of service from conferring upon an employee terms or conditions more favourable to the employee than the rights, benefits and privileges conferred upon the employee under this Act.


Sec. 5 - Statutory deductions must be made by employer

All wages paid to an employee by an employer under this Act or by a regulation or order made under this Act are subject to all deductions that are required to be made from those wages under a statute of the province or of the Parliament of Canada.


Sec. 6 - Continuation of employment – Total employment time is not affected by the employer being sold

Where an employer transfers, assigns or conveys the undertaking of that employer to another person or firm, and that person or firm continues the undertaking so transferred, assigned or conveyed, the continued and uninterrupted employment of the employee by the person having so acquired the undertaking shall be considered to be continuous with the period of employment with the 1st named employer, and counts as against the new employer for the regulation of the rights, benefits and privileges of the employee under this Act.


Part 1 - VACATIONS WITH PAY

an employee works for an employer at least 90% of the normal working hours in a continuous 12 month period, beginning on the date of the start of employment or upon termination of a preceding 12 month period; and (b) the employment by that employee does not stop before the end of that 12 month period,

the employer shall permit the employee, within 10 months after the end of the continuous 12 month period, to take an annual vacation of not less than 2 weeks, and shall pay to the employee at the time provided in section 10 wages amounting to 4% of the total wages earned by that employee during the 12 month period.

After 15 years of continuous employment with the same employer, the employer shall permit the employee within 10 months after the end of the 15 year period to take an annual vacation of not less than 3 weeks and shall pay to the employee at the time provided in section 10 wages amounting to 6% of the total wages earned by that employee during the 12 month period.


Part 2 – Sec. 14 PAID PUBLIC HOLIDAYS

(1) New Year's Day;

(2) Good Friday;

(3) Remembrance Day;

(4) Memorial Day;

(5) Labour Day;

(6) Christmas Day; and

(7) other days that may be proclaimed by the Lieutenant-Governor in Council as a public holiday for the purpose of this Act.


Sec. 15 - Working on Public holidays

An employer shall not require an employee to work under a contract of service on a public holiday. In such case the employer shall pay to an employee the wages to which the employee would be entitled for work performed during a public holiday.

The wages shall be calculated by multiplying the employee's hourly rate of pay by the average number of hours worked in a day by the employee in the 3 weeks immediately preceding the holiday.

Where a public holiday falls on a day that an employee is not required to work under the contract of service, the employer shall not require that employee to work during the 1st working day immediately following the public holiday, or during another day on which the employer and the employee shall mutually agree

Exceptions exist for workers working in the Public Interest (Secs. 18 & 19)


Sec. 18.2 Compensation for Working on Public holidays

If employee has to work on a public holiday, the employer must pay to the employee twice the wages properly earned by the employee for that day under the contract of service as if that day were a normal working day;

(b) permit the employee to enjoy 1 full day's holiday within 30 days after the public holiday with the same pay that the employee would be entitled to under subsection 15(2) if that day were a public holiday; or

(c) permit the employee to add to the annual vacation to which the employee is entitled under Part I 1 extra full day with the same pay that the employee would be entitled to under subsection 15(2) if that day were a public holiday.


Part 3 – Sec 21 - Designation of a week

An employer may designate a period of 7 continuous days as a week for the purpose of this Part.

An employer shall grant to every employee a period of rest of not less than 24 consecutive hours during each week of employment.

Without limiting anything contained in a statute of the province relating to specific undertakings, the rest period referred to in subsection (1) shall be a Sunday wherever possible.

There are specified exemptions


Sec. 23 Daily maximum hours

Except in the case of an emergency that constitutes an imminent hazard to life or property, an employer shall permit an employee to take and an employee shall take not less than 8 consecutive hours off work in each unbroken 24 hour period of employment.

Rest period: Subject to the regulations, an employer shall permit an employee to take an unbroken rest period of 1 hour immediately following each 5 consecutive hours employed under the contract of service.


Sec. 25 – Overtime

Where an employee works in excess of the standard working hours as permitted by this Part, the employer shall pay to the employee the rate of wages for overtime that may be set out in the regulations by prescribed formula, which may differ for different classes of employees in different undertakings or a part of them.

An employer may compensate an employee for overtime hours by giving one and a half hours of paid time off work for each hour of overtime worked instead of overtime pay where,


Part 4 – Sec 27 - Minimum wage

The Lieutenant-Governor in Council may make regulations respecting minimum wages payable by an employer to an employee including regulations respecting

Labour Standard Regulations spell out exactly what the rate of the minimum Wage is.


Part 5 Wage Protection Sec 33 - Payment of wages

At least half monthly and within 7 days after the end of the pay period, an employer shall pay to an employee all wages earned by the employee in a pay period.

Where an employee's contract of service is terminated, the employer shall pay to the employee within 1 week from the date of the termination of the contract of service the wages due to that employee up until the date of termination of that contract. at the employee's place of employment within the regular working hours of the employee or another time that the employer and employee may agree;

(b) at the place of normal residence of the employee either by personal delivery or by prepaid postage addressed to the employee at that address; or

(c) by deposit to the account of the employee within the bank of the employee,


Sec. 34 - Expense advance

Where, in connection with his or her work, an employee is required to incur expenses, the employer shall advance to the employee the amount that he or she may reasonably anticipate will be incurred.

Where an employee incurs expenses in excess of the amount advanced to him or her under subsection (1), or where the employee has paid for the expenses out of his or her own money, the employer shall reimburse the employee for the amount spent within 2 weeks of the employee submitting a claim for payment.


Sec 35. Pay Particulars to be provided

An employer shall provide to an employee at the time wages are paid to the employee a written statement setting out

(a) the gross amount of wages expressed in Canadian currency payable under the contract of service for the period of time in respect of which the payment is made;

(b) the relevant period

(c) the rates of wages and the number of hours worked at each rate during the relevant period;

(d) the amount and purpose of each deduction made from the gross wage referred to in paragraph (a) specifying each amount and each purpose; and

(e) the net amount of wages to which the employee is entitled for the period referred to in paragraph (b),


Sec. 36 - Special clothing

An employer shall not require an employee to pay for a uniform where the uniform

(a) is unique to the employer's business operation; and

(b) is identified with the employer's business operation,

to an extent that would make the uniform of no practical use to the employee should the employee's employment be terminated.


Sec. 37 - Priority of wage claim

Notwithstanding another Act, a person to whom unpaid wages are owing by an employer has in respect of the wages a first priority and claim over the claims of all other creditors of the employer, including claims of the Crown, to the extent of $7,500.


Part 6 - Sec 38 - Tips or gratuities

(1) Tips or gratuities are the property of the employee to whom or for whom they are given.

(2) An employee shall not be required to share a tip with an employer, a manager or supervisor of the employee or an employer's representative.

(3) Where a surcharge or other charge is paid instead of a tip or gratuity, the amount paid shall be considered to be a tip or gratuity for the purpose of subsection (1).

(4) Where a surcharge or other charge is paid instead of a tip or gratuity, or where the amount of the tip or gratuity is itemized on the record of a credit card or debit card payment, the employer may deduct an amount required to be deducted from income by an Act of the province or of Canada from the amount due the employee.


Part 7 - Section 40 Pregnancy/Adoption/Parental leave

A pregnant employee who has been employed under a contract of service with the same employer for a period of 20 consecutive weeks immediately before the expected birth date is entitled to a leave of absence without pay.

An employee may begin pregnancy leave no earlier than 17 weeks before the expected birth date.

(3) An employee shall give her employer

(a) at least 2 weeks written notice of the date the leave is to begin; and

(b) a certificate from a legally qualified medical practitioner stating the estimated birth date

End of pregnancy leave

42. (1) The pregnancy leave of an employee who is entitled to take parental leave ends 17 weeks after the pregnancy leave begins.


Sec. 43 - Adoption leave

(1) An employee who has been employed under a contract of service with the same employer for at least 20 consecutive weeks and who is the parent of a child is entitled to a leave of absence without pay following the coming of the child into the care and custody of the parent for the 1st time.

(2) An employee shall give his or her employer at least 2 weeks written notice of the date the leave is to begin.


Sec. 43 - Parental Leave

(1) An employee who has been employed under a contract of service with the same employer for at least 20 consecutive weeks and who is the parent of a child is entitled to a leave of absence without pay following

(a) the birth of the child; or

(b) the coming of the child into the care and custody of the parent for the 1st time.

(2) Parental leave may begin no more than 35 weeks after the day the child is born or comes into the care and custody of a parent for the 1st time.

(3) The parental leave of an employee who takes pregnancy leave shall begin when the pregnancy leave ends unless the child has not yet come into the care and custody of the parent for the 1st time.

(4) An employee shall give his or her employer at least 2 weeks written notice of the date the leave is to begin.


Sec 43 - Employee's rights after leave

Upon the ending of pregnancy, adoption or parental leave of an employee, the terms of the contract of service subsisting at the time pregnancy, adoption or parental leave began shall be so resumed that the wages, duties, benefits and position of the employee are not less beneficial than those that subsisted before the pregnancy, adoption or parental leave began.

Effect of leave on benefits

Unless an employer and employee otherwise agree, the period of pregnancy, adoption or parental leave does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after pregnancy, adoption or parental leave shall be considered for the purpose of this Act, to be continuous with the period worked before the pregnancy, adoption or parental leave.


Sec 43 - Employee may not be dismissed because of Pregnancy

(1) An employer shall not dismiss an employee or give notice of dismissal to an employee

(a) for the reason only that the employee informs the employer that she is pregnant or the employee intends to take pregnancy, adoption or parental leave; or

(b) because of absence by reason of pregnancy, adoption or parental leave permitted by this Part.

(2) Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to pregnancy, adoption or parental leave rests with the employer.


Sec 43 - Sick and family responsibility leave

(1) An employee, having been employed under a contract of service with the same employer for a continuous period of 30 days, shall be granted by his or her employer a period of 7 days unpaid sick leave or family responsibility leave in a year.

Entitlement to leave

(1) An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence without pay of up to 8 weeks to provide care or support to a family member of the employee where a legally qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from


Sec 43 - Unpaid leave for Reservist

(1) An employee who

(a) is a member of the reserves;

(b) has been employed by the same employer in civilian employment for a period of at least 6 consecutive months; and

(c) is required to be absent from work for the purpose of service

is entitled to an unpaid period of leave for the purpose of that service.


Part 9 - Sec. 46 - Employment of children under 16

An employer shall not

(a) employ a child to do work that is or is likely to be

(i) unwholesome or harmful to the child's health or normal development, or

(ii) prejudicial to the child's attendance at school or to the child's capacity to benefit from instruction given at school;

(b) employ a child to work

(i) for more than 8 hours a day,

(ii) for more than 3 hours on a school day unless a certificate covering that day has been issued under section 8 of the School Attendance Act,

(iii) on a day for a period that, when added to the time required for attendance at school on that day, totals more than 8 hours,

(iv) between the hours of 10 p.m. of 1 day and 7 a.m. of the following day,

(v) in circumstances that would prevent the child from obtaining a rest period of at least 12 consecutive hours a day, or

(vi) occupations that are prescribed as hazardous occupations or undertakings;

(c) employ a child who is under the age of 14 years unless the work is prescribed work within prescribed undertakings; or

(d) employ a child while a strike by employees or a lockout of employees by the employer is in progress.


Part 10 - Sec. 52 - No termination without notice

(1) An employer or employee shall not terminate a contract of service unless written notice of termination is given by or on behalf of the employer or employee within the period required by section 55 (Next slide).

(2) An employer shall not temporarily lay off an employee unless written notice of the temporary lay-off is given by or on behalf of the employer to the employee within the period required by section 55.


Sec 55 - (1) The period of notice required to be given by the employer and employee under section 52 is

(a) one week, where the employee has been continuously employed by the employer for a period of 3 months or more but less than 2 years;

(b) 2 weeks, where the employee has been continuously employed by the employer for a period of 2 years or more but less than 5 years;

(c) 3 weeks, where the employee has been continuously employed by the employer for a period of 5 years or more but less than 10 years;

(d) 4 weeks, where the employee has been continuously employed by the employer for a period of 10 years or more but less than 15 years; and

(e) 6 weeks, where the employee has been continuously employed by the employer for a period of 15 years or more.

(2) For the purpose of subsection (1) "continuously employed" includes the employment of seasonal workers who are engaged under a contract of service of 2 or more consecutive seasons of at least 5 months in each season during which the employee is occupationally engaged.


Sec. 63 - Records

63. (1) An employer shall keep complete, continuous and accurate records setting out in respect of each employee

(a) the name, address and date of birth of the employee;

(b) the rate of wages of the employee, the number of hours worked by the employee in each day, the amount paid to the employee showing all deductions made from wages paid;

(c) the date of

(i) the beginning of the employment of the employee, and

(ii) if temporarily laid-off or terminated, the date of temporary lay-off or termination, and, if appropriate, the date notice of intention to terminate was given;

(d) particulars respecting the annual vacation of the employee showing the period taken, the date and the amount of wages paid under section 9;

(e) the date on which each rest period required to be given under section 22 has been given to the employee;

(f) where the employee's employment is for a fixed period or term or for a specific task, the date of expiry of that period or term or the anticipated completion date of the specific task; and

(g) those other matters, particulars and information that may be prescribed.

NL LABOUR STANDARDS REGULATIONS

The public holidays of New Year's Day, Good Friday, Memorial Day, Labour Day and Christmas Day

"standard working hours" means 40 hours in a week.

Effective October 1, 2014, every employer shall pay to every employee a wage rate of not less than $10.25 per hour. Effective October 1, 2015, every employer shall pay to every employee a wage rate of not less than $10.50 per hour.

Effective October 1, 2014, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $15.38 an hour. Effective October 1, 2015, for the purpose of section 25 of the Act, overtime wages shall be paid at a rate of not less than $15.75 an hour.

Where an employee who reports for previously scheduled work or whose employer calls him or her to report to work is required to perform less than 3 hours of work, the employer shall either pay for at least 3 hours.

THE NEWFOUNDLAND AND LABRADOR HUMAN RIGHTS ACT


The Nl Human Rights Act was brought into force in this province in 2010

The Human Rights Act sets out rules that ensure the protection of individuals from discrimination and harassment.

The NL Human Rights Commission ensures compliance with human rights laws & works to help the public gain a better understanding of the importance of protecting all people from violations of their human rights.

What follows is a chronological overview of the NL Human Rights Act.


PART II – PROHIBITIONS - Sec. 9 Prohibited grounds of discrimination

The prohibited grounds of discrimination are race, colour, nationality, ethnic origin, social origin, religious creed, religion, age, disability, disfigurement, sex, sexual orientation, gender identity, gender expression, marital status, family status, source of income and political opinion.

The protection includes the protection of a female from discrimination on the basis that she is or may become pregnant.

Where this Act protects an individual from discrimination on the basis of disability, the protection includes the protection of an individual from discrimination on the basis that he or she has or has had, is believed to have had, or has a disposition for a disability.

Where this Act protects an individual from discrimination on the basis of a prohibited ground of discrimination, it also protects the individual from discrimination on the basis of

(a) 2 or more prohibited grounds of discrimination or the effect of a combination of prohibited grounds; and

(b) the individual’s association or relationship, whether actual or presumed, with an individual or class of individuals identified by a prohibited ground of discrimination.


PART II – PROHIBITIONS Sec. 10 intent

Discrimination in contravention of this Act does not require an intention to discriminate.

THE NEWFOUNDLAND AND LABRADOR HUMAN RIGHTS ACT PART II – PROHIBITIONS – Sec. 11 Goods, services, accommodation, and facilities

A person shall not, on the basis of a prohibited ground of discrimination, deny to a person or class of persons goods, services, accommodation or facilities that are customarily offered to the public; or discriminate against a person or class of persons with respect to goods, services, accommodation or facilities that are customarily offered to the public.

The limitation, specification, exclusion, denial or preference because of a disability shall be permitted where that limitation, specification, exclusion, denial or preference is based upon a good faith qualification.

Exceptions occur where:

(a) to accommodation in a private residence, except a private residence that offers bed and breakfast accommodation for compensation;

(b) to the exclusion of a person because of that person's sex from accommodation, services or facilities upon the ground of public decency;

(c) to accommodation where sex is a reasonable criterion for admission to the accommodation;

(d) to a restriction on membership on the basis of a prohibited ground of discrimination, in a religious, philanthropic, educational, fraternal, sororal or social organization that is primarily engaged in serving the interests of a group of persons identified by that prohibited ground of discrimination; or

(e) to other situations where a good faith reason exists for the denial of or discrimination with respect to accommodation, services, facilities or goods.

(4) a person who is less than 19 years of age where the denial or refusal is required or authorized by another Act.

THE NEWFOUNDLAND AND LABRADOR HUMAN RIGHTS ACT PART II – PROHIBITIONS – Sec. 12 - Right to occupy commercial and dwelling units

A person, directly or indirectly, alone or with another, by himself or herself, or by the interposition of another, shall not, on the basis of a prohibited ground of discrimination,

(a) deny to a person or class of persons occupancy of a commercial unit or a self-contained dwelling unit; or

(b) discriminate against a person or class of persons with respect to a term or condition of occupancy of a commercial unit or a self-contained dwelling unit.

Exceptions:

a limitation, specification, exclusion, denial or preference because of a disability shall be permitted where that limitation, specification, exclusion, denial or preference is based upon a good faith qualification as determined by the commission.

a landlord can use income information, credit checks, credit references, rental history, guarantees or other similar business practices in selecting prospective occupants.

age and family status, does not apply to the renting or leasing, the offering for rent or lease, or the advertising for rent or lease of a commercial unit or self-contained dwelling unit, where the unit is a rental unit in premises in which every rental unit is reserved for rental to a person who has reached the age of 55 years, or to 2 or more persons, at least one of whom has reached the age of 55.


PART II – PROHIBITIONS – Sec. 14 - Discrimination in employment

An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment on the basis of a prohibited ground of discrimination, or because of the conviction for an offence that is unrelated to the employment of the person.

Employers can express a limitation, specification or preference based on a good faith occupational qualification.

An employer, or a person acting on behalf of an employer, shall not use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against a person seeking employment on the basis of a prohibited ground of discrimination.

A trade union shall not exclude a person from full membership or expel or suspend or otherwise discriminate against one of its members or discriminate against a person in regard to his or her employment by an employer, on the basis of a prohibited ground of discrimination.


PART II – PROHIBITIONS – Sec. 14 - Discrimination in employment

Advertisements

A person shall not use or circulate a form of application for employment or publish an advertisement in connection with employment or prospective employment or make a written or oral inquiry in connection with employment that expresses either directly or indirectly

(a) a limitation, specification or preference based on a prohibited ground of discrimination; or

(b) an intent to

(i) dismiss from employment,

(ii) refuse to employ or rehire, or

(iii) discriminate against

a person on the basis of a prohibited ground of discrimination,

but this subsection does not apply to the expression of a limitation, specification or preference based on a good faith occupational qualification.


PART II – PROHIBITIONS – Sec. 14 - Discrimination in employment exemptions

These previously mentioned restrictions do not apply to:

the expression of a limitation, specification or preference based on a good faith occupational qualification.

the operation of a good faith retirement or pension plan; operation of the terms or conditions of a good faith retirement or pension plan which have the effect of a minimum service requirement; or the operation of the terms or conditions of a good faith group or employee insurance plan.

This section does not apply to an employer that is an exclusively religious, fraternal or sororal organization that is not operated for private profit, where it is a reasonable and genuine qualification because of the nature of the employment.

THE NEWFOUNDLAND AND LABRADOR HUMAN RIGHTS ACT PART II – PROHIBITIONS – Sec. 15 - Discrimination re: attachment of wages, etc.

An employer, or a person acting on behalf of an employer, shall not refuse to employ or to continue to employ or otherwise discriminate against a person in regard to employment or a term or condition of employment because of that person's pay from another or previous employer having been; or from him or her or another employer being or becoming

subject to

attachment or seizure in satisfaction of a claim against; or alienation, assignment or transfer by that person, but discrimination based on a good faith occupational qualification with respect to persons whose duties include the collecting, receiving or depositing of money belonging to the employer does not constitute a failure to comply with this subsection.

An employer, or a person acting on behalf of an employer, shall not use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against persons seeking employment for a reason that would be, in regard to an employer or person acting on behalf of an employer, discrimination under subsection (1).

A trade union shall not exclude a person from full membership or expel or suspend or otherwise discriminate against a member or discriminate against a person in regard to his or her employment by an employer for a reason that would be, in regard to an employer or a person acting on behalf of an employer, discrimination under subsection (1).

(4) A person shall not use or circulate a form of application for employment or publish an advertisement in connection with employment or prospective employment or make a written or oral inquiry in connection with employment that expresses either directly or indirectly

(a) a limitation, specification or preference as to a person; or

(b) an intent to

(i) dismiss from employment,

(ii) refuse to employ or retire, or

(iii) discriminate against a person for a reason that would be, in regard to an employer or a person acting on behalf of an employer, discrimination under subsection (1).


Sec. 16 Equal pay for same or similar work

An employer, or a person acting on behalf of an employer, shall not establish or maintain differences in wages between employees employed in the same establishment who are performing, under the same or similar working conditions, the same or similar work on jobs requiring the same or similar skill, effort and responsibility on the basis of a prohibited ground of discrimination, except where that payment is made under

(a) a seniority system; or

(b) a merit system.

Employees employed in the same establishment who are performing under the same or similar working conditions, the same or similar work on jobs requiring the same or similar skill, effort and responsibility shall have

(a) opportunities for training and advancement; and

(b) pension rights and insurance benefits

without discrimination on the basis of a prohibited ground of discrimination.

(3) An employer shall not reduce the wages of an employee in order to comply with subsection (1).


Sec 17 & 18 - Harassment and Sexual Harassment

A person in an establishment shall not harass another person in the establishment on the basis of a prohibited ground of discrimination.

A person who is in a position to confer, grant or deny a benefit or advancement to another person shall not engage in sexual solicitation or make a sexual advance to that person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome.

A person who is in a position to confer or deny a benefit or advancement to another person shall not penalize, punish or threaten reprisal against that person for the rejection of a sexual solicitation or advance.


Sec 19 - Discriminatory publications

A person shall not

(a) publish or display; or

(b) permit to be published or displayed on lands or premises or in a newspaper, through a radio or television broadcasting station, or by means of another medium which he or she runs or controls,

a notice, sign, symbol, emblem or other representation indicating discrimination or an intention to discriminate against a person or a class of persons on the basis of a prohibited ground of discrimination.

Nothing in this section interferes with the free expression of opinions upon a subject by speech or in writing.


Sec. 20 - Protection of complainants and others

A person, employer or trade union shall not evict, discharge, suspend, expel or otherwise discriminate against a person because he or she has made a complaint or given evidence or helped in respect of the initiation or furtherance of a complaint or other proceeding under this Act.


Sec. 25 - Making a Complaint

A person who has reasonable grounds for believing that a person has contravened this Act may file with the executive director a complaint in a form acceptable to the commission.

A complaint made shall be made within 12 months after the alleged contravention occurs or, in the case of a continuing contravention, within 12 months after the last incidence of the alleged contravention.

Where a complaint is made by a person other than the person who it is alleged was dealt with contrary to this Act, the executive director may refuse to accept the complaint unless the person alleged to be offended against consents.

The executive director shall serve each person who is alleged to have contravened this Act with a copy of the complaint unless the complaint is dismissed by the executive director or the commission under section 32 .

A person who makes a complaint under this section may withdraw the complaint at any time before the beginning of a hearing.

THE NEWFOUNDLAND AND LABRADOR HUMAN RIGHTS ACT Sec. 26/27 – Making a complaint, and the investigation process

After the Human Rights Commission receives a complaint, the executive director, or a person acting on behalf of the executive director, shall, by mediation or other appropriate means, assist the parties to the complaint in attempting to settle it unless the complaint is dismissed, deferred or referred to a board of inquiry under this Part.

For the purpose of investigating a complaint, the executive director, or a person acting on behalf of the executive director, may

(a) make oral or written inquiries of a person who has or may have information relevant to the complaint;

(b) demand the production for examination of documents and records that are or may be relevant to the complaint; and

(c) on giving a receipt for them, remove a document and record referred to in paragraph (b) from the building, receptacle or place where they are kept for the purpose of copying or taking extracts from them.

the executive director may apply to a judge of the Provincial Court for an order requiring the person to respond to the inquiry, to comply with the demand or to permit the removal.

THE NEWFOUNDLAND AND LABRADOR HUMAN RIGHTS ACT Sec 45 - Offence

45. (1) A person who

(a) does anything prohibited by or refuses or neglects to do anything required under this Act;

(b) deprives, abridges or attempts to deprive, abridge or restrict a person or class of persons in the enjoyment of a right under this Act;

(c) makes a false statement or answer to a question put to him or her under this Act;

(d) hinders, obstructs, molests or interferes with, or attempts to hinder, obstruct, molest or interfere with, the commission, a person acting under the authority of the commission, the executive director, a board of inquiry or another person acting under the authority of this Act in the exercise of his or her duties or powers under this Act; or

(e) fails, refuses or neglects to comply with an order of a board of inquiry, or a part of an order,

is guilty of an offence and liable on summary conviction

(f) where a natural person, to a fine not exceeding $500; and

(g) where a trade union, employers' organization, employment agency or a person other than a natural person, to a fine not exceeding $1,000.

(2) Where an employer is convicted of an offence under this Act because of his or her having suspended, transferred, laid off or discharged an employee contrary to this Act, a Provincial Court judge may, after consideration has been given by the judge to all circumstances of the case, including wages, salary or remuneration earned with another employer by the employee, in addition to imposing a fine under subsection (1), order the employer

FEDERAL LEGISLATION

FEDERAL LEGISLATION The Canada Labour Code The Canadian Human Rights Act

http://www.labour.gc.ca/eng/resources/laws/

http://laws-lois.justice.gc.ca/eng/acts/h-6/

THE CANADA LABOUR CODE

See overview of the Code @ http://www.labour.gc.ca/eng/health_safety/pubs_hs/overview.shtml

http://www.labour.gc.ca/eng/health_safety/pubs_hs/overview.shtml

http://www.labour.gc.ca/eng/health_safety/pubs_hs/overview.shtml

THE CANADIAN HUMAN RIGHTS ACT

See http://laws-lois.justice.gc.ca/eng/acts/H-6/FullText.html

http://laws-lois.justice.gc.ca/eng/acts/H-6/FullText.html

http://laws-lois.justice.gc.ca/eng/acts/H-6/FullText.html

Date post:	13-Jan-2016
Category:	Documents
Upload:	barrie-stokes
View:	262 times
Download:	2 times

LW1210 - LABOUR LAW Unit 4 Statute and Subordinate Labour Law.

Documents