Human Resources Law

Curriculum Guideline

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Course
BUSN 3750
Discontinued
No
Course Code
BUSN 3750
Descriptive
Human Resources Law
Department
Business
Faculty
Commerce & Business Administration
Credits
3.00
Start Date
End Term
201920
PLAR
No
Semester Length
15
Max Class Size
35
Contact Hours
Lecture: 3 Hours Seminar: 1 Hour Total: 4 Hours
Method(s) Of Instruction
Lecture
Seminar
Learning Activities

Lectures, seminars, videos, analysis of legal issues, discussion of legal cases, case assignments, and group activities

Course Description
This course will provide students with a meaningful introduction to the two pillars of human resources law: namely, employment law and labour law. The course will review statutory and common law sources of employment law, with a particular emphasis on the scope of employee protections available under employment standards and human rights legislation. Students will also gain a strong understanding of the extent of employee and employer rights and potential liabilities where the employment relationship is terminated (whether by the employee or the employer). Additionally, the course will analyze the process by which workplaces become unionized, specific rights available and dispute resolution mechanisms typically utilized in such workplaces, as well as strikes and lockouts.
Course Content
  1. Introduction to Employment Law
    1. constitutional jurisdiction over employment law
    2. applicability and relevance of the Charter of Rights and Freedoms
    3. common law and statutory sources of employment law
    4. employment relationships as compared with that of independent contractors and agents
    5. common law contract concepts, including consideration, unconscionability, obsolescence,ambiguity and contra proferentum, as well as restrictive covenants
  2. Human Rights
    1. British Columbia Human Rights Code
    2. prohibited grounds of discrimination
    3. human rights concerns in the context of job postings and evaluation of candidates for employment
    4. duty to accommodate, and notion of bona fide occupational requirements
    5. employment equity
  3. Employment Standards
    1. applicability of British Columbia Employment Standards Act
    2. statutory minimum standards
    3. statutory termination notice
    4. complaints process under the Employment Standards Act
  4. Occupational Health and Safety, and Worker’s Compensation
    1. claims process under British Columbia Worker’s Compensation Act
    2. rights and responsibilities of employers and employees (including supervisors) under the Occupational Health and Safety Regulation, including the rights of employees to be made aware of workplace hazards and to refuse to perform unsafe work
    3. availability and scope of the defence of due diligence with respect to contraventions of the Occupational Health and Safety Regulation
  5. Privacy
    1. applicability of British Columbia Freedom of Information and Protection of Privacy Act and Personal Information Protection Act
    2. obligations owed by employers to employees regarding the collection, use, and disclosure of employee personal information
  6. Termination of Employment Relationship
    1. wrongful resignation
    2. progressive discipline
    3. condonation
    4. grounds for just cause for dismissal
    5. wrongful dismissal, including calculation of damages
    6. constructive dismissal
    7. duty of mitigation
  7. Acquiring Bargaining Rights
    1. certification and decertification processes
    2. successor rights
  8. Negotiation and Administration of the Collective Agreement
    1. duty to bargain in good faith
    2. first contract arbitration
    3. Collective Bargaining Agreement mandatory terms
    4. grievance procedures
    5. seniority and bumping rights
    6. rights and interest arbitration processes
    7. limitation of the exercise of management rights (including the principle of estoppel)
    8. discipline and discharge
    9. union duty of fair representation
  9. Strikes and lockouts
    1. definition of strikes and of lockouts
    2. requirements for lawful strikes and lockouts
    3. back to work legislation
Learning Outcomes

 

  1. summarize the differences and similarities between employment relationships, independent contractor relationships, and agency relationships;

  2. recognize basic common law principles applicable to employment law;

  3. identify fundamental human rights concepts that commonly arise in the employment context;

  4. describe fundamental employee rights and protections provided under the Employment Standards Act and applicable privacy legislation;

  5. explain employee and employer rights and obligations under the Occupational Health and Safety Regulation, as well as the claims process under the Worker’s Compensation Act;

  6. demonstrate a strong understanding of employer and employee rights and potential liabilities (including appreciation of damages concepts) in the context of termination of the employment relationship;

  7. describe the process by which collective bargaining rights are acquired;

  8. summarize key concepts regarding negotiation and administration of the Collective Bargaining Agreement; and

  9. define lawful strikes and lockouts.

Means of Assessment

Term Tests (2)

 30-50%
In-class Assignment 10-20%
Participation and Assignments/Quizzes  0-10%
Final Examination 25-35%
  100%
Textbook Materials

McKay, Gail, B. Gaetz, K. Filsinger, T. Harris, and K. Williams-Whitt, Employment Law for Business and Human Resources Professionals: Alberta and British Columbia. Latest Edition, (Toronto: Edmond Montgomery Publications)

Other textbooks or custom course packages as determined by the Human Resources Law Instructors.

Additional cases and readings decided by the Instructor.

Prerequisites

30 CREDITS or Instructor approval

Corequisites

Nil

Equivalencies

Nil

Which Prerequisite

Nil