Labour Standards Regulations in Canada
Canada plays host to diverse and similar regulations when it comes to Labour standards. For simplicity sake, Saskatchewan and Manitoba will be closely examined in terms of overtime, maternity leave, and equal pay in order to give an in depth look at some of the diversities and similarities that exist in the Canadian labour standards system. Concluding the comparison, a brief explanation will help outline why some may consider Saskatchewan's labour standards to be more favourable to an employee. Overtime As defined by the Merriam-Webster Online Dictionary, Overtime is working time in excess of a standard day or week1 Saskatchewan In Saskatchewan, overtime is determined on a set of simple variables. Any such person who is employed and under delegation from an employer for more than eight hours a day is at liberty to collect overtime pay. Also, if an employee works in excess of 40 hours per week, they are again at liberty to collect overtime pay. A key characteristic of the Saskatchewan overtime calculation is that an employer must pay an employee the highest calculation of overtime using the eight-hour a day rule or the 40 hours per week, whichever is more favourable to the employee. Also, an employer cannot make an employee work more than 44 hours per week unless consent is give2. The Saskatchewan overtime rate is clear and concise; overtime must be paid at a
Discrimination in relation to goods, facilities and services.
Discrimination in relation to goods, facilities and services Part III of the DDA gives disabled people important rights of access to everyday services that others take for granted. Duties under Part III are coming into force in three stages. . Treating a disabled person less favourably because they are disabled has been unlawful since December 1996. Since 2 Dec 1996 * It has been illegal for service providers or employers to treat disabled people less favourably. * A reasonable adjustment must be made. 2. Since October 1999, service providers have had to consider making reasonable adjustments to the way they deliver their services so that disabled people can use them. Service providers have been required to take reasonable steps to: * Change policies, procedures or practices to provide a service to a person who is disabled; or * Provide auxiliary aids to enable service provision; or * Provide services by other means 3. The final stage of the duties, which means service providers may have to consider making permanent physical adjustments to their premises, comes into force in 2004. From 1 Oct 2004, the law will apply to ALL employers, however small. Where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of services, a service provider will have to: * Take reasonable steps to remove, alter or avoid that feature
This report aims to analyse the Certified Agreement between SDAEA and Kmart Australia Limited, which outlines the rights and responsibilities of Kmart employees.
HBH324 Managing Workplace Relations Industrial Relations Audit - Business Report Kmart Australia Limited Executive Summary This report aims to analyse the Certified Agreement between SDAEA and Kmart Australia Limited, which outlines the rights and responsibilities of Kmart employees. In particular, the 1998 Certified Agreement and the 2001 Certified Agreement have been utilised in the analysis. These agreements have been reviewed according to five key allowable matters (rate of pay, hours of operation, ordinary maximum hours, penalty and over-time conditions, and annual leave) and have been compared and contrasted for any differences. Through this analysis, it was found that there were three main changes between the 1998 and 2001 Agreements. There has been a minimal pay increase for all full-time and part-time staff (1.1% per year), Saturday trading hours have been extended by two hours, and the required number of hours that need to be worked before penalty rates apply has been increased (increased by two hours per week for full-time employees, and increased by four hours per 4-week cycle for part-time employees). Recommendations have been made to the employer regarding labour costs, and to the employees regarding wage increases and improved conditions. Contents .1 Introduction 2 .2 An Overview of the Changes 4 .3 Critical Analysis 5 .4 Conclusion
Explanations for Ethnic Minority Unemployment in Britain.
Explanations for Ethnic Minority Unemployment in Britain The purpose of this paper is to examine the explanations for the over-representation of ethnic minorities in British unemployment statistics, and to investigate how the black population is placed at a disadvantage by the negative factors which are at work in the sphere of employment. I will review the literature researched into the issue, provide a brief overview of the arguments presented, and analyse the arguments proposed by the authors in their attempt to explain the overrepresentation of the black population in unemployment data and I shall critically assess how applicable these reasons are when trying to provide a sound explanation for the subject. I shall endeavour to investigate where there are gaps in the current literature and research into black unemployment, and I will suggest how these voids can be filled through new research and investigations, and consequently provide the development of new black unemployment theory. As with every paper that deals with ambiguous terminology, it is necessary to define what one means when discussing both 'blacks' and 'ethnic minorities' and the politically manipulated notion of 'unemployment'. By synthesising definitions by authors such as Fevre (1984) and Field (1981) I shall define an ethnic minority citizen or 'black' person as having the same meaning and in very
Disability Discrimination
Talk on disability discrimination in employment Today I will be looking at the issue of disability discrimination in employment. I will cover areas such as the background to the anti discrimination measures and provide an overview and an analysis of the current legislation both European and domestic. I have also provided some examples to show you today taken from various articles and case law. I hope you enjoy my presentation this morning. Statistics have shown that disabled people account for almost a fifth of the working-age population in Great Britain, but for only one-eighth of all individuals in employment. There are more than 6.5 million individuals with a work-limiting, long-term disability or health problem in Great Britain, [Smith & Thomas] but disabled people are merely half as likely as non-disabled people to be in employment. [Pearson & Watson.] Disabled employees make on average two-thirds of the wages of non-disabled employees, and it is expected that they would be employed in manual and unskilled occupations compared to non-disabled employees. [Smith & Thomas]. Partly, this can be made clear by the effect which a physical or mental impairment might have on a disabled person's ability to carry out certain duties, however there is also sound evidence to imply that disabled individuals experience systematic discrimination compared with employment, this
"To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer and employee in respect of disciplinary proceedings, suspension of an employee and dismissal?"
Employment law HND Yr2 Aisha Javaid HND Business & Finance Employment Law Neil Allen Employment law: Introduction; "To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer and employee in respect of disciplinary proceedings, suspension of an employee and dismissal?" Mutual trust and confidence:- There are certain duties that an employer has to apply to its employee. This is to obtain a mutual obligation of trust and confidence between each other. A duty of cooperation is owed, if the employer doesn't show a duty of cooperation to the employee, this then can lead the employee to terminate the contract, sue or affirm the breech and continue. In the employment contract of the employee a duty of mutual trust and confidence will show a positive impact on the employer when warning the employee who is exercise the important rights in terms of the employment contract. However the duty of mutual trust and confidence can benefit to alert the employee of making a financial mistake. This will destroy the relationship between the two. (University of Nottingham v (1) Eyett (2) The Pensions Ombudsman [1999] IRLR 87). A local authority councillor had commented to a council employee that verbal abuse and accusations of dishonesty, during duties were carried out on the council premises that breach of the duty of mutual
Agency Workers
In the following assignment I am going to critically discuss the legal protection given to agency workers in the United Kingdom. It is an ongoing issue as there are currently more than one million temporary agency workers within the UK, resulting in their legal protection having a major impact on the UK work force. Within this study I will begin by analysing any rights agency workers currently have and those proposed for the future, such as national minimum wage, working time regulations and health and safety. Furthermore, I will explore the current laws and directives in place, assessing their success and if any changes should be proposed. Finally, I will compile a conclusion assessing the current legal protection for agency workers, and if it is deemed suitable. Under the National Minimum Wage Act 1998, permanent employees and agency workers have a right under law to the national minimum wage. As of 1 October 2008 this is £5.73 for adults, £4.77 for younger workers (18-21, and some trainees), and £3.53 for 16-17 year olds. If however the agency worker is getting paid by task as to per hour, there are different regulations in place. As from April 2005, an employer will either have to pay the worker the minimum wage per hour for all hours worked or will have to pay 120% of the minimum wage for the number of hours it takes an average worker to complete an agreed block of
company directors
ASSESSED ESSAY A) What is the standard of skill and care expected of a company director? Should Brian attend all board meetings to avoid being in breach of these duties? The standard of care and skill expected of a company director It is the duty of a director to exercise a degree of skill and care in his performance of duties. Failure to comply leads to a charge of negligence. The degree of skill varies with company size and complexity, because directors in charge of small business's position differ from multi-national companies. Both should act in good faith and put company interest first. This duty is described as 'the care and skill that an ordinary man might expect to make in the circumstances'1 An important case related is shown in: RE CITY EQUITABLE FIRE INSURANCE (1925) The directors entrusted company investments to its managing director, Bevan, who was a senior partner in a firm of brokers which handled company investments. £1 200 000 was lost due to Bevans fraud and incompetence, including £350 000 left with stockbrokers. The directors never enquired how these items were made up so were held in breach of duty of care i.e. negligent. Due to this the measure of care and skill was laid down by Romer J: . A director need not show a greater degree of skill and knowledge than he has for the job. This tells us directors have to run a company based on
Employment Law: Rights of Agency Workers and Labour Law
In this question I will analyze whether Iqbal is an employee of Ajax or if he is an agency worker. This is an important factor from the point of view of employment protection rights and tax provisions. So firstly I will discuss agency workers. An employer may turn to an agency to provide him with staff for a specific purpose or definite or indefinite period of time. It seems Secretarial Services Ltd falls into the group of those who provide temporary staff or contract workers usually engaged by the agency and supplied to a third party, this seem to be relevant to Iqbal's case. The area of supply of labour by an employment agency is covered by the Employment Agencies and Employment Business Regulations 2003 and these set out the minimum standards. The position of an agency worker and whether he is employed or not has consistently been a difficult area. In the case of McMeehan v Secretary of State for Employment1, whether an individual is an employee depends on the terms of the contractual agreement with the agency in light of the surrounding factual circumstances. It seems by looking at the contract Iqbal is controlled by Ajax namely Simone his line manager as he takes orders and follows them. In Serco Limited v Blair and others, the EAT focused on the issue of control. Agency workers brought claims for unfair dismissal against the company hiring them. EAT held the workers
Advise Gillian as to Wolverine Enterprises Ltd’s legal obligations towards Alan Smith and its potential legal liability towards Sylvia Brown.
Employment Law Coursework Ann-Spowart Taylor Wolverine Enterprises Ltd. Advise Gillian as to Wolverine Enterprises Ltd's legal obligations towards Alan Smith and its potential legal liability towards Sylvia Brown. . Alan Smith Alan works at the Sunderland factory as a production operative. It is hot work that involves ensuring that hot steel bars are fed correctly into a casting machine. Alan has just been diagnosed as having multiple sclerosis. The only symptom he suffers at present is that he tires more easily than he used to and more easily than do others. The effects of multiple sclerosis vary considerably as does the speed at which the symptoms of the condition develop. Alan has been advised by his consultant that if possible he should avoid heavy physical effort and working in hot conditions. Important and relevant facts of the case => He is a production operative, a production operative operates machinery. => He works in hot conditions. => He has been diagnosed as having multiple sclerosis. => Only symptom is tiredness, which is a significant one as you should not operate machinery if you are tired, and his job is based around this. => Consultant has advised that if possible he should avoid any heavy physical effort and working in hot conditions. Any obligations the company have towards Alan are as a disabled person, but before we can go any further with