Canlii canada labour code

In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction.

Under the Code , employers and unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard. Accommodation is necessary to ensure that people with disabilities have equal opportunities, access and benefits. Employment, housing, services and facilities should be designed inclusively and must be adapted to accommodate the needs of a person with a disability in a way that promotes integration and full participation. In the context of employment, the Supreme Court of Canada has described the goals and purposes of accommodation:. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship. The test is not whether it was impossible for the employer to accommodate the employee's characteristics.

Canlii canada labour code

You're using an outdated browser. This website will not display correctly and some features will not work. Learn more about the browsers we support for a faster and safer online experience. Consolidation Period: From February 23, to the e-Laws currency date. Last amendment: , c. Legislative History: , c. A ; , c. PART V. Pregnancy Leave. Parental Leave. Family Medical Leave. Organ Donor Leave. Family Caregiver Leave. Critical Illness Leave.

Marginal note: Interference at accident scene prohibited. Posting of notices

In Sanghvi v. Sanghvi is notable because it appears to be the second decision where the Court has considered the enforceability of a termination provision for a federally regulated employee — see the earlier decision of Sager v. TFI International Inc. In Sanghvi , the Court began its analysis by noting that there was significant ambiguity about which law applied to the employment relationship. The contract stated that Mr.

Marginal note: Modification — subsection 1. Part III of the Canada Labour Code contains provisions setting out minimum labour standards for employers and employees in the federal jurisdiction. Leave of absence for members of the reserve force. For more information concerning these provisions, please contact your nearest Labour Program office of the Department of Employment and Social Development or visit the following website:. In each work week :. The number of hours in a work day and in a work week may be specified by attaching the work schedule of the affected employee or employees. Section 5 of the Canada Labour Standards Regulations requires that details of the modified work schedule be posted and kept posted as long as the work schedule is in effect. This notice is posted in accordance with section 6 of the Canada Labour Standards Regulations , which requires that the employer notify the affected employee or employees of details of the averaging of hours of work at least 30 days before the averaging takes effect and that the information contained in this notice remain posted for the duration of the averaging of hours of work.

Canlii canada labour code

Marginal note: Investigation — harassment and violence. Marginal note: Establishment mandatory 1 For the purposes of addressing health and safety matters that apply to individual work places, and subject to this section, every employer shall, for each work place controlled by the employer at which twenty or more employees are normally employed, establish a work place health and safety committee and, subject to section Marginal note: Exception 2 An employer is not required to establish a committee under subsection 1 for a work place that is on board a ship in respect of employees whose base is the ship. Marginal note: Posting of request 6.

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The name of every person whose licence has been revoked or suspended under this Act and the date of the revocation or suspension. This data is used to measure site performance and improve search functions. March 19, — April 18, Overtime wages for employees not working under an averaging agreement. The person with a disability is required to: make accommodation needs known to the best of their ability, preferably in writing, so that the person responsible for accommodation can make the requested accommodation [] answer questions or provide information about relevant restrictions or limitations, including information from health care professionals [] take part in discussions about possible accommodation solutions co-operate with any experts whose assistance is required to manage the accommodation process or when information is needed that is unavailable to the person with a disability meet agreed-upon performance standards and requirements, such as job standards, once accommodation is provided [] work with the accommodation provider on an ongoing basis to manage the accommodation process. Therefore, it was unenforceable under both federal and provincial law. He was eventually terminated from his employment. Premium pay that was earned during the relevant pay period. Marginal note: Approval of methods, machinery, equipment. An agreement to average hours of work that complies with the conditions prescribed by the regulations made under paragraph 7 of subsection 1 as it read on February 28, Employment, housing, services and facilities should be designed inclusively and must be adapted to accommodate the needs of a person with a disability in a way that promotes integration and full participation.

WHEREAS there is a long tradition in Canada of labour legislation and policy designed for the promotion of the common well-being through the encouragement of free collective bargaining and the constructive settlement of disputes;. AND WHEREAS Canadian workers, trade unions and employers recognize and support freedom of association and free collective bargaining as the bases of effective industrial relations for the determination of good working conditions and sound labour-management relations;. AND WHEREAS the Parliament of Canada desires to continue and extend its support to labour and management in their cooperative efforts to develop good relations and constructive collective bargaining practices, and deems the development of good industrial relations to be in the best interests of Canada in ensuring a just share of the fruits of progress to all;.

Marginal note: Maximum hours of work — collective agreement. The most appropriate accommodation is one that most:. Marginal note: Reassignment and job modification. If an employer is provincially regulated, the ESA would apply to the employment relationship notwithstanding any reference in the contract to federal legislation. Nevertheless, the Court noted that the enforceability of the termination provision must be considered at the time the contract is executed, and not under the circumstances that exist at the time of dismissal. Parliament only has jurisdiction by way of exception in cases where these relations are of a federal work, undertaking or business that is within the legislative authority of Parliament. The amount of vacation time, if any, taken by the employee during the vacation entitlement year. Leave respecting domestic or sexual violence. The court found that the Fox Lake Cree Nation negotiations office was not such an operation within the meaning of the Canada Labour Code. Rather, there must be an objective determination of that fact. Family responsibility leave 52 An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to a the care, health or education of a child in the employee's care, or b the care or health of any other member of the employee's immediate family. Regulations re emergency leaves, declared emergencies, infectious disease emergencies.