Employment Standards And Labour Code Essay

Question:

Discuss about the Employment Standards and Labour Code.

Answer:

Introduction:

This Act would be applicable to all the people of Alberta. There are certain duties which very person of Alberta would have to fulfill. The human rights of all the people have been recognized by this Act. All the employees and the employers have also been brought under the purview of this Act. Also it has been stated that no person has the right to discriminate amongst each other. It applies to all the men and the women. Also this Act is applicable to the condomium corporations (Koshan, J., 2016). This was established through a case in the year 2016. Non –profit organizations are also included under this Act (Women and the law in Alberta, 2015).

Scope

The Alberta Human Rights Act came into force in the year 1966. In this year it was originally passed. The origin of this Act could be stated to be the time when the Alberta government was in need of a comprehensive legislation. This legislation was needed by Alberta for dealing with the discrimination. This Act required that there should be no discrimination in the field of employment. This Act was required to form a commission for the purpose of prohibiting inequality. In the area of employment, this Act was formed for giving equal treatment to all the people. It was upheld that no employer could arbitrarily refuse any individual to be hired only because he belonged to a particular caste or religion or was disable. The main reason for this Act to be made was that gender equality was to be provided through this Act. Also an independent commission was required to give decisions on these atrocities. One of the recent amendments that were made in this Act is in the year 2015. This amendment was made so as to include the equality between the genders (jhcentre, 2017). It was stated in this amendment that gender identity and also expression would also have to be added and that these would be the two grounds for prohibition of the discrimination among the people. This would be effective on 11th December, 2015. There were various reasons or this amendment to be made. The first reason was that before the advent of this amendment the gender equality was already a ground under this Act. However, both the gender identity and also the gender expression were to be implicitly protected and paid heed under this ground of equality of the gender. However, the amendment that was made to the Act made it explicitly mandatory for everyone to include these two grounds of protection and that the people could not be discriminated on the basis of these two. This is the reason why these laws came into force (Alberta Canada, 2016).

Purpose: The main purpose of this Act is to prohibit the discrimination of the employees that takes place in the place of employment. No person can be discriminated on the ground of color, race or caste or any place of origin. Gender equality is one of the main aims of this Act (Rocky Mountain Civil Liberties Assoiation, 2014).

This Act was formed for the purpose of establishment of a commission. This was known as the Alberta human Rights Commission. This commission is a quasi- judicial body which implements the human rights in the city of Alberta. It was established that for the resolution of the complaints of any kind of discrimination. This helps in the reduction of the discrimination. Through this Ac, the equal opportunities could be rendered to any person and also the inherent dignity of that person would be recognized. These rights being the inalienable rights of a person are fundamental to the human kind and therefore, it is important for rendering peace and justice in the world (University of Alberta, 2017). This Act seeks to state that all the people should be treated equally and no differentiation has to be made in terms of color, gender and physical disability. Multiculturism is therefore one of the most important virtues to be followed. This Act states that no one could be denied employment on the basis of caste, race, gender etc. All the people can enjoy the services that are customarily available and can live anywhere (Anderson, S., 2015).

Key Sections: The key sections of this project are Section 3 to section 6 wherein discrimination cannot be made. Section 6 where equal pay is to be given. Section 15 to 19 states about the Alberta Human rights Commission.

Enforceability: Every person whether a make or a female is liable for the enforceability of this Act. Every employer has to make sure that this Act has been followed.

Employee ‘A’ who is a male and Employee ‘B’ who is a female are both working in a company. Employee A gets $ 10,000 per month and Employee B gets $ 5000 per month for the same work. They both work for 8 hours in the company.

Sections Applicable: Section 6(1) of the Alberta Human Rights Act states about the equal pay to the equal sexes.

Applicability: This Section would be applicable to the present situation as this section says that both the sexes need to be paid by the employer and have to be paid at the same rate. Both these employees were working for same duration and were doing exactly the same work still there was a difference between the salaries paid to them. This discrimination had been made on the basis of the sex. Therefore, he would be liable for the same.

A person ‘A’ denied to the person to any of the goods and the services or any sort of facilities that would be available customarily to all the public.

Sections Applicable: Section 4 would be applicable to this situation.

Applicability: This section would be applicable to the present situation as under this section no discrimination could be made between the people on any basis.

Problems: Under this Act, if any of the provisions have been derogated then under section 20 (UCalgary, 2017), a person who is aggrieved may file a complaint against the wrongdoer.

Bibliography

Alberta Canada. (2016). Employment standards and labour code. Retrieved January 20, 2017, from

Anderson, S. (2015). Jurisdiction. Retrieved January 20, 2017, from

jhcentre. (2017). Alberta human Rights Act. Retrieved January 20, 2017, from

Koshan, J. (2016). Alberta Human Rights Act Applies to Condominium Corporations. Retrieved January 20, 2017, from

Rocky Mountain Civil Liberties Assoiation. (2014). Freedom of Expression and the Alberta Human Rights Act. Retrieved January 20, 2017, from

UCalgary. (2017). Chapter 4- Provincial Human Rights Legislation. Retrieved January 20, 2017, from

University of Alberta. (2017). What are Human Rights? Retrieved January 20, 2017, from

Women and the law in Alberta. (2015). The Alberta Human Rights Act. Retrieved January 20, 2017, from

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