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What is Workplace Human Rights?

Best Workplace human rights lawyers in Canada as ranked by Lexpert

The work of Workplace Human Rights lawyers is generally understood to comprise the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, in all matters relating to discriminatory practices based on grounds that are, or are argued to be prohibited by various federal and provincial statutes, codes, constitutional protections and at common law. Mandates in this area also include the development of training programmes to enable legislative compliance.

 

Please note that the lexpert directory has separate practice area pages for:

  • Employment lawyers
  • Labour relations lawyers
  • Labour relations lawyers for the construction industry
  • Pensions and employee benefits lawyers
  • Workers' compensation lawyers

 

What are the basic rights that workplace human rights lawyers help with?

Workplace rights in Canada is a combination of multiple rights, such as human rights, equality rights, labour rights and occupational workplace rights. While these rights may collectively be referred to as “human rights” (e.g., labour right is said to be also a human right), laws are enacted for each “right” to effectively enforce these rights.

 

Human Rights in the workplace

Human rights are the intrinsic rights of persons by the very nature of their being as a human. These rights are inalienable, which means that it cannot be taken away by another person or entity; and are universal, which also means that it is true among all persons regardless of what country or state they are in. Human rights are enforceable by every person against anyone who have, or may have, violated these rights, even against the state or the government.

 

Applied in the context of employment and labour, workplace human rights are a subsection of both labour rights and human rights which specifically provides for the rights of the employees, workers, or labourers in the context of employment, specifically in the workplace. A workplace may refer to the location where an employed person usually performs his/her duties, the location of the employer’s office, corporation, factory, etc., or the location of the project assigned to the employee for those who work remotely.

 

Workplace Human Rights Lawyer

When alleged violations against employees occur, it is the legal practice of a workplace human rights lawyer to either represent any of the parties (the employee or the employer).

 

First, said lawyer will have to determine whether there has been a violation at all according to Canadian laws. If there is, a workplace human rights lawyer may proceed with the different methods of alternative dispute resolutions and any other administrative remedies applicable to the parties to amicably or extrajudicially settle the labour dispute.

 

A workplace human rights lawyer may also use the provisions of the collective bargaining agreement on mediations or dispute resolution. Should all these remedies fail, it becomes the duty of a workplace human rights lawyer to represent the party before judicial courts.

 

Workplace Human Rights in Canada

Generally, human rights in Canada are governed by substantial federal and provincial laws, which at the same time accedes to treaties and international conventions on human rights, such as the Universal Declaration of Human Rights (UDHR), where Canada is a signatory of, among others.

 

The main federal laws where employment rights and human rights intersects are:

  • Canadian Human Rights Act
  • Employment Equity Act
  • Canada Labour Code

 

These laws are complemented by provincial laws still on labour and employment. Due to the complexities of these laws and their regulations, the services of a workplace human rights lawyer may be necessary to further expound its provisions. A summary of these laws on its workplace human rights provisions are provided below.

 

Canadian Human Rights Act

The Canadian Human Rights Act is the federal legislation which generally prohibits any kind or form of discrimination, not just in the workplace, but in any other circumstance. The purpose of the Act is to ensure equal opportunity to all Canadians, and to prevent any undue discrimination based on a person’s race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, or disability or conviction for an offence.

 

Employment Equity Act

The Employment Equity Act directs the federally regulated agencies and businesses to provide equal employment opportunities to these four specific sectors:

  • women
  • Aboriginal peoples (Indigenous, Inuit or Métis)
  • people with disabilities
  • members of visible minorities

 

Furthermore, the Act also prescribes penalties, through assessment of fees, for private sector employers who fail to submit equity reports, as mandated in Section 18, to show that they are compliant in providing equal opportunities to the above-mentioned sectors.

 

Canada Labour Code

Another law which governs federally regulated industries is the Canada Labour Code. The Code provides for the statutory labour standards to be followed by these federally regulated industries (Part III) and discusses matters regarding the collective bargaining agreement (Part I). For workplace human rights, Part II of the Code provides for the occupational health and safety standards to be followed both by employers and employees alike.

 

What are the legal rights that all employees in Canada have?

Another law which connects employment rights and human rights is the Canada Occupational Health and Safety Regulations. In implementing Part II of the Canada Labour Code, the Regulations provide for specific guidelines that an employer must follow to ensure the safety of employees in the workplace, especially for industrial workplaces, such as the specifications of infrastructures, handling of hazardous substances, etc.

 

Both the Code and the Regulations highlight three legal rights of employees with regards to workplace hazards or dangers:

  • Employees’ right to be informed of the hazards and dangers that are present in the workplace, and be properly trained or at least be informed on handling of or in addressing these hazards;
  • Employees’ right to participate in keeping the workplace healthy and safe, such as policy-making processes and decisions which will greatly affect the employee’s health and safety; and
  • Employee’s right to refuse work when there's a reasonable cause to believe that such work or duty is dangerous to oneself or to his/her co-workers.

 

What is considered a human rights violation in the workplace in Canada?

The Canadian Human Rights Act prescribes certain acts as human rights violations, but specific for labour and employment, the following can be considered as human rights violations which may be committed in the workplace:

  • Section 5 – Discrimination by denial of any service or goods generally available to the public
  • Section 7 – Discrimination by refusing employment, or during employment
  • Section 11 (1) – Discrimination by unequal wages between males and females
  • Section 14 (1) – Discrimination through harassment

 

What can you do if your human rights are violated at work?

Employees who think and feel that their workplace human right has been violated should firstly address these concerns to their employers and to exhaust any administrative remedy available to them.

 

However, when these concerns are left unaddressed, an employee may seek help from a workplace human rights lawyer for any appropriate action against the employer. This is an addition to seek any redress from regulatory authorities, such as filing a complaint before the Canadian Human Rights Commission.

 

Want to know more about your rights in the workplace and what to do in case of a violation? Scroll down below and consult with the best Lexpert Ranked workplace human rights lawyers in Canada.

Susan B. Barber
Year called to bar: 1988
Regina, Saskatchewan
McDougall Gauley LLP
Robert Frost-Hinz
Year called to bar: 2011
Saskatoon, Saskatchewan
MLT Aikins LLP
Gordon D. Hamilton
Year called to bar: 1990
Saskatoon, Saskatchewan
McDougall Gauley LLP
Eileen V. Libby
Year called to bar: 1991
Regina, Saskatchewan
MLT Aikins LLP
Jana M. Linner
Year called to bar: 2009
Regina, Saskatchewan
MLT Aikins LLP
Larry F. Seiferling
Year called to bar: 1973
Saskatoon, Saskatchewan
Seiferling Law
Kevin C. Wilson
Year called to bar: 1989
Saskatoon, Saskatchewan
MLT Aikins LLP
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