BLAW 3921: Employment Law
Students investigate the legal principles and law relating to the individual employer-employee relationship and how it influences business decision making. Case law and statutes are studied in depth to reinforce an understanding of the legal concepts. Topics include human rights issues; the contract of employment; legal issues during employment; statutes that impact the employment relationship; monitoring the employment relationship; and termination of employment.
Learning outcomes
- Identify jurisdictions relevant to an employment issue and the judicial and administrative systems used to interpret employment law.
- Analyze recruiting advertising, application forms, interview questions and drug testing procedures to preclude discrimination on prohibited grounds.
- Distinguish between contracting with an employee as opposed to contracting with an independent contractor, and the advantages and disadvantages of each arrangement.
- Articulate the impact of lack of fresh consideration, unequal bargaining power or obsolescence on an original or amended contract.
- Assess the practical implications of an employer’s duty to accommodate on the four most common grounds, evaluating undue hardship factors in the process.
- Demonstrate familiarity with the key features of employment standards, workers’ compensation and occupational health and safety legislation.
- Discuss the protection of personal information and protection of privacy in the workplace.
- Explain common employer pitfalls in the termination of employment process and procedures to preclude them.
- Outline the employer actions that can constitute constructive dismissal.
- Review relevant case law to determine the factors determining the payment of reasonable notice to employees who are dismissed without cause.
Course topics
- Module 1: Overview of Legal Framework
- Module 2: Hiring—Common Law and Human Rights
- Module 3: The Employment Contract
- Module 4: Human Rights and Employment Standards in the Workplace
- Module 5: Workplace Safety
- Module 6: Employment Equity and Workplace Privacy
- Module 7: Discipline, Resignation and Retirement
- Module 8: Terminating the Employment Relationship
- Module 9: Dismissal Without Cause and Post Employment Obligations
Required text and materials
Students will need to source the following on their own:
- McKay, G., Gaetz, B., Filsinger, K., Harris, T., & Williams-Whitt, K. (2017).
Employment Law for Business and Human Resources Professionals: Alberta and British
Columbia, 3rd ed., Toronto, ON: Emond Montgomery Publications.
Type: Textbook, ISBN: 978-1-55239-674-2
Assessments
Please be aware that should your course have a final exam, you are responsible for the fee to the online proctoring service, ProctorU, or to the in-person approved Testing Centre. Please contact exams@tru.ca with any questions about this.
To successfully complete this course, students must achieve a passing grade of 50% or higher on the overall course, and 50% or higher on the final mandatory exam.
Assignment 1: Employment Advertisement | 5% |
Assignment 2: Employment Contract | 15% |
Assignment 3: Human Rights Tribunal Decision | 15% |
Assignment 4: Preparing a discipline and termination letter | 5% |
Assignment 5: Journal Entries and Online Discussions | 10% |
Final Exam (mandatory) | 50% |
TOTAL | 100% |
Open Learning Faculty Member Information
An Open Learning Faculty Member is available to assist students. Students will receive the necessary contact information at the start of the course.