Employment Law Module 4 There is a parallel federal set of employment standards found in the Canada Labour Code which are very similar to the British Columbia _______________________ - Answer: Employment Standards Act (ESA) BC Human Rights Code has a federal counterpart in the _________________ - Answer: Canadian Human Rights Act (CHRA) T/F an employee cannot be fired or disciplined for exercising a statutory right - Answer: True T/F In a non-unionized setting, firing with cause requires notice - Answer: False What constitutes "undue hardship" in a human rights context? (7) - Answer: where the accommodation excessively hampers the proper operation of the business 1.) Financial hardship 2.) Size and resources of the employer 3.) Interchangeability of workforce and facilities 4.) Disruption of operations 5.) Morale and other employees 6.) Whether the accommodation is also discriminatory 7.) Health and Safety Concerns Employment Law Module 4 Minimum workplace thresholds for wages, overtime, vacation and employee leaves of absence. - Answer: T/F managers are not entitled to OT - Answer: True What factors determine whether an individual is a manager (and thus not receiving OT)? - Answer: Hutchins v Atlantic Provincial Security Guard Services Ltd. (1995) Facts Issue Decision - Answer: Facts -Employee (Hutchins) rented a van from Employer (keeping it past Fri shift to Sun) -Employer failed to inform H of a $40 rental fee. -After a diff rental, H returned the van w a dent = Employer demanded a $424 wage deduction. -H refused the deduct = fired w $40 and $424 deducted. Issue: -whether the employer violated the ESA bu desucting $40 and $424 from the employees wages in these circumstances. Decision: Employment Law Module 4 -$40 rental deduction = ok -$424 damage deduction = no evidence that damage was negligent or intentional = inappropriate. The proper remedy would have been to pay then sue for damages. Tri Roc Electric Ltd. V Butler (2003) Facts Issue Decision - Answer: Facts -Employee (Butler) worked more than 44 hours w/o OT $ because the employer claimed B was a supervisor