Topic > Examining Canadian Employment Law Using Case Study

Table of ContentsIntroductionSummary of Case StudyOutline of the LawThe Importance and Relevance of Employment LawConclusionIntroductionA career is significant for every individual due to numerous benefits. A dignified and stable career, for example, provides stability and authentic feelings of serenity throughout everyday life. By being assured of a stable income stream, we are spared a lot of the stress and uncertainty that life brings without a career. As a result, people continuously look for a decent and stable career to work for most of their lives, or even a good job, and keep it for quite a while. This is why, unlike the Labor Law, the government enacted the Employment Law to protect citizens' jobs. The law has changed and adapted to monetary development around the world. It has included new sections, rules and terminology to make enforcement and punishment of those who break the law more relevant and practical. In this article I will examine Canadian employment law by analyzing the case study Haseeb v. Imperial Oil Limited in 2019. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original EssayCase Study SummaryThe case is about an international student at McGill University who applied for an engineering job that would start after graduation in his final semester - Muhammad Haseeb. At the time he was an international student on a student visa. After graduation, he would be eligible for a three-year “postgraduate work permit” (PGWP) that would allow him to work full time, anywhere, with any employer in Canada. He expected that within three years he would obtain permanent residency status (Zacks, 2018). On the other hand, Imperial Oil Limited, the company Mr. Haseeb applied for, required graduate engineers to have permanent residency or Canadian citizenship and asked for a throughout the application process numerous questions were asked regarding suitability of the applicant to work permanently in Canada, to which he repeatedly answered "Yes". He was successful in Imperial Oil's multi-stage selection process and was offered a job, subject to proof of citizenship or permanent residency. The offer was canceled because he was unable to provide such proof (Zacks, 2018). According to Woloshyn (2019), Mr. Haseeb was Imperial Oil's top candidate when he applied for a position in 2014, however, when the company learned that he was neither a Canadian citizen nor a permanent resident, it rescinded its job offer for him and later filed a human rights lawsuit against them. Outline Law The Ontario Human Rights Tribunal (Tribunal) found that Imperial Oil had violated Haseeb's human rights by discriminating against him based on his citizenship status. According to the Canadian Human Rights Act (Government of Canada, 2019), every person has the right to equal treatment in employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex , sexual orientation, gender identity, gender expression, age, criminal history, marital status, family status or disability. Although the Code does not contain a definition of citizenship, the Court determined that the Code provided that discrimination would occur where there was a “requirement or consideration distinguishing between individuals on the basis of “Canadian citizenship,” “permanent residence” status ” or “domiciled inCanada with the intention of obtaining citizenship." Because of this finding, the Tribunal concluded that hiring practices and interview screening processes designed to classify individuals as “suitable” and “unsuitable” based on their ability to work in Canada on a “permanent basis” are discriminatory . Therefore, despite his dishonesty, Mr. Haseeb should be treated as a regular applicant without discrimination of his citizenship status. Upon discovering the remedy to which he was entitled from Imperial following the company's human rights violations, the Tribunal applied this general restorative principle: “Mr. Haseeb should be put in the position he would have been in if there had been no violation of his human rights” (Woloshyn, 2019). On the off chance that Mr. Haseeb had been put in the position he would have found himself in if Imperial Oil had not asked him discriminatory questions, he would not have lied, and therefore he would have been hired, in light of his high rank and the fact that the company actually offered him a job (Woloshyn, 2019). According to the evidence, if Mr Haseeb had been recruited by Imperial Oil, he would have been employed by them from 30 March 2015 to 3 May 2019, when he left his job at Deloitte to pursue other opportunities, less the 10 months of absence not paid, it would be a period of approximately 39 months, which is equivalent to more than three years. In order to calculate his lost income for this period, the Tribunal looked at what he made at Deloitte compared to the starting salary offered by Imperial Oil plus the average annual salary increases received by the three engineers actually employed by Imperial Oil (Woloshyn, 2019) . The total compensation owed by Imperial Oil to Mr. Haseeb for loss of income would amount to more than $100,000. Furthermore, adding to this the $15,000 awarded to them by the Court as compensation for "injury to their dignity, feelings and self-respect", plus Imperial Oil's advance interest in the amount of $4,000, the result cost them more than $120,000. dollars for an employee who never actually hired on August 23, 2019 (Keung, 2019). The Importance and Relevance of Labor Law Labor law was created as a protection of both the employer and the employee with their rights and responsibilities. Labor law functions as acts that cover basic labor rights such as working hours, minimum wage, sick days, leave, maternity leave, holidays and severance provisions and so on. Additionally, the Canadian Human Rights Act (CHRA) prohibits discrimination based on sex, race, ethnicity, age and many other grounds. In the same area of ​​discrimination, another piece of legislation – Employment Equity Act (EEA) was added by the Canadian Department of Justice to protect the rights of four “designated groups” in particular: women, persons with disabilities, Aboriginal persons and visible persons. minorities (Swartz, n.d.). On the other hand, by thoroughly understanding employment law, employers will be able to avoid lawsuits, fines and legal fees for unknowing discrimination or other reasons. Labor law has been constantly updated to be more relevant to today's situations. Overall, with the existence of employment laws, both the employer and the employee will benefit from the high level of health and safety in the work environment, knowing that stability, freedom from discrimination and sexual harassment will be maintained. As employees, laws ensure that hiring processes, firing processes and the workplace as a whole are fair to each individual, while employers.