Canada Labour Code and Laws
Canada’s laws on constructive dismissal protect employees who are subject to unfair dismissal. Under the previous Canada Labour Code, an employee could challenge his dismissal only if he could prove that his employer had behaved in a way that was discriminatory against him. According to the code, employers had no right to dismiss employees arbitrarily. In addition, workers had no right to be protected from their colleagues for complaining about unscrupulous conduct of their employers.
The Canada Labour Code and other legislative frameworks in Canada also set out other rights that employees may be entitled to. These include the right not to be discriminated against based on race, age, gender, marital status, profession, union membership, or any other physical or mental characteristic. A person who feels that his employment rights have been breached may take legal action under the Canada Labour Code.
Under the code, once a dismissal has been effected, the employee is entitled to a written notice of dismissal explaining the reasons behind the dismissal. If the employer proves that the employee had contravened any of Canada’s employment laws, he may be required to provide alternatives. Alternatives to the dismissal may involve corrective measures or explanations for the dismissal. Similarly, if an employee makes complaints regarding harassment, the employer has to investigate the allegations and make suitable measures to ensure that the allegations are not true.
Canada Labour Code and Laws Regarding Outsourcing
Canadian laws also allow an employee to take advantage of other compensations available such as reinstatement, bonus or advancement, or consideration for a career continuation. These are known as administrative laws. In practice, employers and unions are generally able to negotiate these terms, especially where there is little chance of any dispute arising out of the dismissal. However, employers can also resort to the courts to enforce their rights. To this end, it is advisable that, prior to taking any action relating to unfair dismissal or any other form of unfair practice, one consults with a skilled labour law attorney who can guide him through the process of establishing the facts in support of the claim.
As previously mentioned, Canadian Employment laws are designed to provide a worker with various protection against unfair dismissal and other forms of discrimination. These laws also ensure that employees enjoy equal treatment with other employees irrespective of race, sex, age, religion or background. These rules and regulations also apply during recruitment of employees and throughout the employment relationship with clients and employers. The rules and regulations governing this Code are designed to protect the interests of all employees, and to ensure that the labour market remains competitive. They aim to maintain the right of workers to engage in employment. The National Day Laborer Solidarity Day was proclaiming to mark the importance of these rights and to encourage more people to take action for better working conditions.
As more firms choose to outsource some of their employment requirements, the need for qualified labour lawyers who are experienced in these matters becomes increasingly important. In order to remain compliant with these laws, organizations must carefully consider their decision to hire an outside firm to perform work that is critical to the operations of the business. This means that even if the choice of an outsourcing firm is motivated by cost savings or a perceived increase in productivity, the decision can potentially have a detrimental effect on the rights available to the employee. All employers and employees must be aware of the laws regarding these issues and be aware that ignoring these laws can result in heavy penalties and fines.