Law Commons^™

Stewart V. Elk Valley Coal Corp.: The Rehabilitation Of Addiction Disability Law In Canada, Nadia Pronych

Electronic Thesis and Dissertation Repository

Canadian human rights law prohibits employers from discriminating against employees with disabilities and protects employees’ right to workplace accommodation to the point of undue hardship. However, the analysis of the case law illustrates that Canadian legal decision makers have not consistently applied the fundamental human rights laws and principles to cases involving individuals with drug and alcohol addiction disability. Stewart v. Elk Valley Coal Corp. provided the Supreme Court of Canada with the opportunity to provide much needed clarity and confirm the correct approach to be applied to claims of discrimination and accommodation on the basis of drug and alcohol …

Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, Christina Catenacci

Electronic Thesis and Dissertation Repository

This dissertation argues that there is an electronic surveillance gap in the employment context in Canada, a gap that is best understood as an absence of appropriate legal provisions to regulate employers’ electronic surveillance of employees both inside and outside the workplace. This dissertation aims to identify and articulate principles and values that can be used to close the electronic surveillance gap in Canada and suggests that, through the synthesis of social theories of surveillance and privacy, together with analyses of privacy provisions and workplace privacy cases, a new and better workplace privacy regime can be designed. This dissertation uses …

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …

P15. Family Status Discrimination: The Never-Ending Story, Christina Iannozzi

Western Research Forum

The idea of work-life balance has received increasing attention from media, government, unions, and academics in recent years. This is due to the significant changes in the nature of the family and of roles within family. An interdisciplinary approach can explain the societal context that has prompted a rise in family status accommodation claims. Most notably, women have entered the paid workforce in unprecedented numbers and demographic shifts have created a growing need for eldercare.

Over the past two decades, divergent approaches to family status discrimination in the employment context have developed in Canada. The central dispute appears to be …

Accommodating Complex Disabilities: Chronic Pain Disorders In The Canadian Workplace, Maia Abbas

Electronic Thesis and Dissertation Repository

The duty of accommodation has enabled great progress in Canadian human rights law for persons with disabilities, particularly in the workplace. However, persons with chronic pain disorders have faced greater challenges in accessing the accommodation duty’s promise of equality, which is demonstrated through caselaw analysis. To assess the efficacy of the accommodation of persons with chronic pain disorders, we must answer three questions: (1) what is the theoretical understanding of disability and chronic pain disorders; (2) how are chronic pain disorders accommodated practically (using the workplace as our social illustration); and, (3) what happens after accommodation fails. A hierarchy of …

Recruitment And Retention Of Immigrants In A Global Labour Market: Implications For Policy, Christopher Robinson

Western Migration Conference Series

Bio:

Chris Robinson studied economics at the London School of Economics and the University of Chicago, and has been a faculty member at the University of Western Ontario since 1977. His research has focused on human capital and wage issues including human capital specificity, labour supply, migration, and unions and he has published a wide range of articles on these topics in scholarly journals. From 1993 to 2003 he served as associate editor of the Journal of
Labor Economics. From 2001 to 2010 he held the CIBC Chair in Human Capital and
Productivity at the University of Western Ontario …

Women's Rights Under Labor Law: A Comparative Study Of Argentina And Canada, Valerie Oosterveld

Law Publications

No abstract provided.

Lazarowicz V. Bardal: Reasonable Notice And Relational Contracts In Canada, Chios Carmody

Law Publications

No abstract provided.