Canadian Labour Law
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Canadian Labour Law
Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada. Regulatory framework The federal, provincial, and territorial governments all regulate labour and employment law in Canada, with the federal government regulating a few particular economic sectors and the provinces and territories regulating all others. The constitutionThe Constitution Act, 1867(U.K.), 30 & 31 Victoria, c. 3., §§91 92A, 94A, 95. gives exclusive federal jurisdiction over employment as a component of its regulatory authority for specific industries, including banking, radio and TV broadcasting, inland and maritime navigation and shipping, inland and maritime fishing, as well as any form of transportation that crosses provincial boundaries (essentially aviation and rail transport but not highways). Employment outside of federally regulated industries falls under provincial authority for most civil (including contract) ...
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Economic Sectors
One classical breakdown of economic activity distinguishes three sectors: * Primary: involves the retrieval and production of raw-material commodities, such as corn, coal, wood or iron. Miners, farmers and fishermen are all workers in the primary sector. * Secondary: involves the transformation of raw or intermediate materials into goods, as in steel into cars, or textiles into clothing. Builders and dressmakers work in the secondary sector. * Tertiary: involves the supplying of services to consumers and businesses, such as babysitting, cinemas or banking. Shopkeepers and accountants work in the tertiary sector. In the 20th century, economists began to suggest that traditional tertiary services could be further distinguished from "quaternary" and quinary service sectors. Economic activity in the hypothetical quaternary sector comprises information- and knowledge-based services, while quinary services include industries related to human services and hospitality. Economic th ...
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Enterprise Bargaining Agreement
Enterprise bargaining is an Australian term for a form of collective bargaining, in which wages and working conditions are negotiated at the level of the individual organisations, as distinct from sectoral collective bargaining across whole industries. Once established, they are legally binding on employers and employees that are covered by the Enterprise bargaining agreement. An Enterprise Agreement (EA) consists of a collective industrial agreement between either an employer and a trade union acting on behalf of employees or an employer and employees acting for themselves. By definition, an agreement, is the outcome of a ''negotiation'', and a ''decision'', involving multiple ''parties''. (See Fair trade) On the one hand, collective agreements, at least in principle, benefit employers, as they allow for improved "flexibility" in such areas as ordinary hours, flat rates of hourly pay, and performance-related conditions. Whilst collective agreements may, on the other hand, benefi ...
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Canadian Labour Law
Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada. Regulatory framework The federal, provincial, and territorial governments all regulate labour and employment law in Canada, with the federal government regulating a few particular economic sectors and the provinces and territories regulating all others. The constitutionThe Constitution Act, 1867(U.K.), 30 & 31 Victoria, c. 3., §§91 92A, 94A, 95. gives exclusive federal jurisdiction over employment as a component of its regulatory authority for specific industries, including banking, radio and TV broadcasting, inland and maritime navigation and shipping, inland and maritime fishing, as well as any form of transportation that crosses provincial boundaries (essentially aviation and rail transport but not highways). Employment outside of federally regulated industries falls under provincial authority for most civil (including contract) ...
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United States Labor Law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed Social Security, but the Employee Retire ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can vote for the directors of the ...
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Employment Standards Act
The ''Employment Standards Act, 2000'' (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It differs from the ''Ontario Labour Relations Act'', which regulates unionized labour in Ontario. Act coverage The Act sets out the minimum standards that employers and employees must follow in regards to: * Continuity of employment * Payment of wages * Records * Hours of work and eating periods * Overtime pay * Minimum wage * Public holidays * Vacation with pay * Equal pay for equal work * Benefits plans * Leaves of absence (Pregnancy Leave, Parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" a ..., Family medical leave, Organ donor lea ...
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Employment Standards Act Of British Columbia
The ''Employment Standards Act'' of British Columbia (Canada), is legislation enacted by the provincial government of British Columbia to protect the rights of working people. Sections within the act outline the employers responsibility to their employees, notably things such as minimum wage, meal breaks, and parental leave Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, Paternity (law), paternity, and adoption leave; or may be used distinctively from "maternity leave" and .... The act also works to protect residents of the province by preventing employment discrimination. Part I: Introduction This Act applies to all employees, with the exception of those expressly excluded by regulation. The standards set out in the Act are considered minimum requirements, and agreements to waive such requirements are considered of no force and effect, unless the agreement in question is referred ...
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Fraser V
Fraser may refer to: Places Antarctica * Fraser Point, South Orkney Islands Australia * Fraser, Australian Capital Territory, a suburb in the Canberra district of Belconnen * Division of Fraser (Australian Capital Territory), a former federal electoral division located in the Australian Capital Territory * Division of Fraser (Victoria), a current federal electoral division located in Victoria * Fraser Island, along the coast of Queensland Canada * Fraser River ** Fraser Plateau, a subplateau of the Interior Plateau, named for the river ** Fraser Basin, a low-lying area, part of the Nechako Plateau, flanking the Fraser River in the Central Interior of British Columbia ** Fraser Canyon, the stretch of the Fraser River from the city of Williams Lake south to the town of Hope, British Columbia ** Fraser Valley, the region flanking the lowermost reaches of the Fraser River, from the town of Hope to the sea ** Fraser Plateau and Basin complex, a World Wildlife Fund-named ecoregion i ...
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Health Services And Support-Facilities Subsector Bargaining Association V British Columbia
Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organization''– ''Basic Documents'', Forty-fifth edition, Supplement, October 2006. A variety of definitions have been used for different purposes over time. Health can be promoted by encouraging healthful activities, such as regular physical exercise and adequate sleep, and by reducing or avoiding unhealthful activities or situations, such as smoking or excessive stress. Some factors affecting health are due to individual choices, such as whether to engage in a high-risk behavior, while others are due to structural causes, such as whether the society is arranged in a way that makes it easier or harder for people to get necessary healthcare services. Still, other factors are beyond both individual and group choices, such as genetic disorders. ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Aust ...
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Picketing
Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the picket line"), but it can also be done to draw public attention to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims, but is generally to put pressure on the party targeted to meet particular demands or cease operations. This pressure is achieved by harming the business through loss of customers and negative publicity, or by discouraging or preventing workers or customers from entering the site and thereby preventing the business from operating normally. Picketing is a common tactic used by trade unions during strikes, who will try to prevent dissident members of the union, members of other unions and non-unionised workers from working. Those who cross the picket line and work despite the strike are known ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ...
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