CHRP LAW EXAM PREP QUESTIONS & ANSWERS 2024/2025
What legal case was first to recognize the important of work? - ANSWERSReference Re Public Service Employee Relations Act ( Alta) , [1987] 1 S.C.R.313. In this case Justice Dexion's majority decision the SCC recognizes work as fundamental in a p...
What legal case was first to recognize the important of work? - ANSWERSReference Re Public Service
Employee Relations Act ( Alta) , [1987] 1 S.C.R.313. In this case Justice Dexion's majority decision the SCC
recognizes work as fundamental in a person's life, providing the means of financial support and a
manner in which to define their role in society.
What is Labour law and who does it pertain to ? - ANSWERSLabour law deals with individuals in
unionized context. Unionized workers governed by a Collective Agreement
Who does employment law pertain to ? - ANSWERSEmployment law pertains to Non unionized
employees who rely on employment contracts and employment statues that governed interactions with
their employer.
What are employment law 3 sources? - ANSWERS1. Common law ( judiciary decisions)
2. Statutory law ( legislation passed by the gov'ed)
3. The Constitution
What does employment law govern? - ANSWERSEmployment Law governs the relationship between
employer and employees. It governs how the relationship is to be ended. EL ensures that the workplace
is both safe and inclusive.
Why was employment law created? - ANSWERSEmployment law was created due to the imbalance of
power in the employee/ employer relationship.
What the rights of all workers? - ANSWERSOntario law spells out the three rights that give workers this
power: the right to know, the right to participate, and the right to refuse
Whose right is it to ensure a safe workplace? - ANSWERSThis responsibility falls on both employer and
employee
, What is the highest court in Ontario? - ANSWERSThe Ontario court of appeal. Below that are divisional
courts that hear some appeals from SCC and tribunals
What are Tribunals? - ANSWERSTribunals are not courts, they are informal dispute resolution
mechanisms creates by statutes.
They govern many areas of employment law. Example: Workplace Safety + Insurance Appeals Tribunal
( WSIAT). The tribunal used by the WSIB ( Workplace Safety and Insurance Board)
*Note , appeals go to divisional courts
Ontario Superior Court of Justice - ANSWERSHears the majority of legal decisions outside of tribunals.
Employment disputes that do not fall into tribunal jurisdiction will fall within the jurisdiction of the
Superior Court.
Disputes totaling less than $35,000 are heard in the Small Claims Court.
Supreme Court of Canada - ANSWERSSupreme Court of Canada decisions sometimes relate to a very
specific statute or a situation specific to a particular province in Canada.
These decisions may be limited to the way that
employment law operates in that province.
Employment Law is largely similar across Canada
Supreme Court of Canada decisions concerning employment law in one province are usually relevant
and binding on courts in other provinces.
*Note
For SCC to hear a case you must obtain leave
SCC only views case it deems are significant public importance
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