Employment Law

Faculty
Commerce & Business Administration
Department
Business Law
Course Code
BLAW 3750
Credits
3.00
Semester Length
15 Weeks
Max Class Size
35
Method Of Instruction
Lecture
Seminar
Typically Offered
To be determined

Overview

Course Description
This course will provide students with a review of 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). Students who have already received credit for BUSN 3750 will not get further credit for this course.
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
Methods Of Instruction

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

Means of Assessment
Term Examinations (2)   30-50%*
Assignments  10-25%
Class participation and/or assignments and/or quizzes 0-10%
Final Examination 25-35%
  100%

*No examination may be worth more than 40%

Students may conduct research as part of their coursework in this class. Instructors for the course are responsible for ensuring that student research projects comply with College policies on ethical conduct for research involving humans, which can require obtaining Informed Consent from participants and getting the approval of the Douglas College Research Ethics Board prior to conducting the research.

 

Learning Outcomes

 The successful student will be able to:

  • summarize the differences and similarities between employment relationships, independent contractor relationships, and agency relationships;
  • recognize basic common law principles applicable to employment law;
  • identify fundamental human rights concepts that commonly arise in the employment context;
  • describe fundamental employee rights and protections provided under the Employment Standards Act and applicable privacy legislation;
  • 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; and
  • 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.
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), or

Other textbook(s) as approved by the Business Law Department, and

Additional cases and/or readings as per the Instructor's discretion. 

Requisites

Prerequisites

No prerequisite courses.

Corequisites

No corequisite courses.

Equivalencies

Course Guidelines

Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.

Course Transfers

Institution Transfer Details Effective Dates
Athabasca University (AU) AU IDRL 320 (3) 2020/09/01 to -
Simon Fraser University (SFU) SFU BUS 2XX (3) 2020/09/01 to -
Thompson Rivers University (TRU) TRU BLAW 2XXX (3) 2020/09/01 to -
University of British Columbia - Vancouver (UBCV) No credit 2020/09/01 to -
University of Northern BC (UNBC) UNBC COMM 3XX (3) 2020/09/01 to -
University of Victoria (UVIC) No credit 2020/09/01 to -

Course Offerings

Fall 2021

CRN
Days
Dates
Start Date
End Date
Instructor
Status
36943
Mon
07-Sep-2021
- 08-Dec-2021
07-Sep-2021
08-Dec-2021
Fixter
Brian
Waitlist
Students should plan to be available on-line at scheduled course times. This course will include synchronous on-line activities.
Max
Enrolled
Remaining
Waitlist
35
35
0
2
Days
Building
Room
Time
Mon
Online
11:30 - 14:20
CRN
Days
Dates
Start Date
End Date
Instructor
Status
37143
Fri
07-Sep-2021
- 08-Dec-2021
07-Sep-2021
08-Dec-2021
Swain Jr.
John
Waitlist
Max
Enrolled
Remaining
Waitlist
35
24
11
1
Days
Building
Room
Time
Fri
New Westminster - North Bldg.
N4306
12:30 - 15:20