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Tag: Labour/Employment Law

Job Evaluation: A Quest for Gender Neutrality

July 1, 1993 No Comments

The long debated issue of gender bias in job evaluation systems has become even more important with the advent of pay equity legislation in Ontario. This statute requires the use of a gender-neutral job comparison system to identify and rectify wage discrimination in female-dominated jobs. Unfortunately, this legislation provides very little guidance as to what is meant by a gender-neutral job comparison system. This paper identifies the ingredients of a gender-neutral comparison system.

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Developments in Industrial Relations and Human Resource Practices in Canada: An Update from the 1980s

July 1, 1993 No Comments

This study was undertaken as part of the Structural Change in Canadian Industrial Relations project at the Centre for Industrial Relations, University of Toronto. The Canadian industrial relations system has followed a course of incremental change and adjustment over the past decade that leaves intact the basic institutional framework and relationships among labor, business, and government. Thus, the system, while changing in ways that are similar to employment relations in other industrial nations, has not undergone any dramatic transformation.

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Freedom of Religion in the Workplace: Legislative Protection

January 1, 1993 No Comments

Current Human Rights legislation protects workers from discrimination on a number of grounds including religion. This paper looks at the history of legislation prohibiting discrimination and reviews current legislation to determine how freedom of religion is protected in the workplace. Precedents from discrimination cases are outlined to give an indication of how cases are currently being settled. Finally, the paper looks at cases concerning freedom of religion in the workplace over the past fifteen years to assess whether the legislation is in use and is effective.

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Unions and Workplace Smoking Policy

June 1, 1992 No Comments

Do you remember when workers could smoke in the workplace? This article was written in 1992, at a time when concern over environmental tobacco smoke (ETS) was being identified as a leading occupational health hazard and policy makers were instituting smoking restrictions and bans in workplaces.

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Labour Law Reform: Radical Departure or Natural Evolution?

April 1, 1992 No Comments

The current proposals to amend Ontario's collective bargaining laws have given rise to a loud, and frequently intemperate, debate that has not only divided Ontario's labour relations community but has now moved to the centre of Ontario's political stage. Underlying this debate is a realignment of the relative political influence of business and labour that came with the NDP's election victory in the fall of 1990.

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Work and Family Issues: Beyond ‘Swapping the Mopping and Sharing the Caring’

January 1, 1991 No Comments

During the past two decades, there has been a significant transformation in the Canadian economy, labour force and in the social and familial context in which labour force participation decisions are made. An increase in the labour force participation of women, particularly married women and those with children, together with a rising number of both single-parent as well as dual-earner families in the labour force are focusing greater attention on work and family issues.

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Implementing Pay Equity in Ontario

January 1, 1990 No Comments

The purpose of this paper is to evaluate issues in the implementation of pay equity, based on the experience of Ontario. The Ontario Act is considered as having the broadest scope of coverage of pay equity legislation, not only in Canada but in North America. This paper compares the Pay Equity Act of Ontario to other pieces of Canadian equal pay for work of equal value legislation, exploring the similarities and dissimilarities, highlighting the unique features and discussing the implications of various provisions.

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Smoking Restrictions in the Workplace

January 1, 1989 No Comments

This paper looks at the implementation of smoking restrictions in Canadian workplaces in an attempt to discover the impetus for these new policies and laws, as well as some of their social and legal implications. Workplace smoking restrictions have come about because of new medical evidence claiming a real hazard to non-smokers from environmental tobacco smoke. Although this evidence is inconclusive with respect to healthy non-smokers, there is still enough suggestion of a long-term risk to warrant preventive action.

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AIDS and the Employment Relationship

January 1, 1989 No Comments

The increased incidence of Acquired Immunodeficiency Syndrome (AIDS) is beginning to have a significant impact in the workplace. Some unique employment issues are being raised because of two dimensions of the problem: first, the disease is fatal and to date there is no known cure; and second, as a result of the lack of knowledge about AIDS, a great deal of fear of transmission of the disease persists among other members of the workforce.

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Employment Related Drug Testing: The Legal Implications for Employers

January 1, 1989 No Comments

Employment related drug testing has become a contentious issue in Canada. While some employers have implemented some form of drug testing and many more are still considering it, the extent of its legality has yet to be determined by the human rights commissions, arbitrators and the courts. This essay examines the legal implications of employment related drug testing in Canada by analyzing relevant human rights legislation, arbitral jurisprudence, and the Canadian Charter of Rights and Freedoms. In carrying out this analysis some reference is made to the legal developments in the United States.

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