Canadian labor and employment law is a set of rules that govern the rights and obligations of both employers and employees in the country. It provides legal protection for employees and prevents discrimination in the workplace.
The law also protects employees from unfair dismissal. If you are considering leaving your current job, it is best to seek legal advice before making any decisions.
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Infectious disease emergency leave
If you are sick with an infectious disease, you are entitled to take a leave of absence. If you are on unpaid leave, you may use it to recover from your illness.
However, employers should be aware of the consequences of each option. An employer may decide to fire you, give you termination pay in lieu of notice, or reinstate you.
When you are on infectious disease emergency leave, you must be present at work on your last day of regular employment, but not on the first day of your leave.
If you have a good reason to stay home, you are entitled to take statutory paid leave, but you must notify your employer before the end of the pay period.
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Duty of honest performance
The duty of honest performance is a general duty of fair dealing imposed by the law on both parties to a contract. In Canada, this duty applies to all contracts – whether formal or informal – and a breach of the duty results in a breach of contract.
The Supreme Court of Canada has recently expanded the duty to include the parties to a commercial contract.
A duty of honest performance means that neither party must knowingly deceive the other about any matter directly related to the performance of the contract.
Unlike a duty of loyalty or disclosure, the duty of honest performance is different. It requires the parties to act in a manner consistent with their best interests.
It is an essential element of contract law because it requires both parties to be honest. The court has noted that a breach of this duty of honesty constitutes a breach of contract.
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Compensation for discriminatory behavior
Compensation for discriminatory behavior under Canadian Labour a&E law is a right that employees may be entitled to under certain circumstances.
This law protects workers’ rights under the Equal Treatment Code and applies to virtually every aspect of the workplace, including the way benefits are distributed and the conditions that employees are expected to work under.
It also requires employers to adhere to specific provincial laws and regulations to ensure that they are not violating the rights of Canadian employees under the consultation of employment lawyers.
One of the most common examples of such behavior is sexual harassment. The employer referred to a female employee by name and commented on her buttocks and underwear. The employer also asked her to submit receipts for her food and lodging.
In addition, the employer criticized her for having a relationship with a Black man. The employer also failed to pay her on a regular basis and did not pay her in full for her work.
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Constructive dismissal
An employee can claim constructive dismissal when a company changes its terms and conditions without giving the employee a reasonable amount of notice.
However, the employee must leave the company within a reasonable timeframe or he or she will be deemed to have implicitly accepted the change. The reasonable period will depend on the circumstances of the change.
For example, an employee who has recently been offered a substantial reduction in compensation may have a short time period to make a decision, while an employee who has been forced to move may be granted an extended time.
A worker may also claim constructive dismissal if he or she was unfairly terminated for reasons other than poor performance.
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