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Worker Rights and Protections
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Part A: Employment Standards Act
The Employment Standards Act sets out the minimum standards that apply in most work places in Yukon.
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The purposes of this Act are to:
ensure that employees receive at least basic standards of compensation and conditions of employment promote the fair treatment of employees and employers encourage open communication between employers and employees provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act foster the development of a productive and efficient labour force that can contribute fully to the prosperity of the territory contribute in assisting employees to meet work and family responsibilities
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The following areas are covered by the Act:
Hiring Employees Wages, Special Clothing & Records Hours of Work and Overtime Statutory Holidays Leaves and Jury Duty Annual Vacation Termination of Employment
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The Employment Standards Board of the Yukon
The Employment Standards Board is quasi-judicial body with representatives from the business and labour community. Their job is to hear complaints and appeals, and make decisions and orders.
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Part B: Canadian Charter of Rights and Freedoms – Constitution Act 1982
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
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Fundamental Freedoms Everyone has the following fundamental freedoms:
freedom of conscience and religion freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication freedom of peaceful assembly freedom of association
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The Supreme Court of Canada
Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. The Supreme Court of Canada is the highest court in all the land and usually hears such Charter cases.
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Part C: Human Rights Commission Yukon
The rights that are a part of and that relate to basic human dignity, such as the right to live and work in and environment that is free from discrimination.
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The purposes of the Yukon Human Rights Act are as follows:
to foster a society in which there are no impediments to full and free participation in the economic, social, political and cultural life of British Columbia to promote a climate of understanding and mutual respect where all are equal in dignity and rights to prevent discrimination prohibited by this Code to identify and eliminate persistent patterns of inequality associated with discrimination prohibited by this Code to provide a means of redress for those persons who are discriminated against contrary to this Code
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Areas of discrimination covered by this Act:
Discriminatory publication Discrimination in accommodation, service and facility Discrimination in purchase of property Discrimination in tenancy premises Discrimination in employment advertisements Discrimination in wages Discrimination in employment Discrimination by unions and associations
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Discrimination in the Workplace
An employer must not (a) refuse to hire you, (b) fire you, or (c) treat you differently than other employees because of your: Race Religion Sex Colour Marital Status Sexual Orientation Ancestry Family Status Age (19-64) Place of Origin Physical Disability Unrelated Criminal Conviction Political Belief Mental Disability Every individual has a responsibility to respect the rights of others, and every employer has a responsibility to stop or prevent discrimination at the workplace.
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Harassment Harassment is any unwelcome physical, verbal, or visual conduct, such as derogatory comments, threats, actions, or jokes against a person, and offensive posters. Everyone in a workplace is prohibited from harassing employees. Any unwelcome comment or action about colour, national or ethnic origin or associations, religion, cultural beliefs, teasing or taunting those who are younger or older or those with disabilities equal harassment.
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Harassment is usually a statement about power and the victim is hesitant to seek help out of fear of reprisal. Harassment should be considered intolerable for it is only be changing attitudes that the workplace will ever be free from harassment.
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Sexual Harassment Sexual harassment is any unwanted and/or inappropriate comment, conduct or action of a sexual nature which has the purpose or effect of detrimentally affecting the working environment or leads to adverse job-related consequences for the victim of harassment. Sexual harassment usually has a negative affect on the victim's ability to work as it is an expression of power, authority, or control through sex and coercive in nature.
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Examples of sexual harassment:
a sexual advance that is unwanted by the recipient a request for sexual favours made by a person in a position of authority that is unwanted by the recipient a request for sexual favours is made a condition of employment a sexual advance that creates a hostile work environment subjecting an individual to unwanted groping, propositions, leering, inappropriate comments of a sexual nature, off-colour jokes or obscene gestures the display or distribution of sexually demeaning comments, pornographic and/or exploitative pictures, cartoons and graffiti
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How to make a complaint of Discrimination / Harassment
keep a written record of incidents, including times, places, and witnesses tell the discriminator / harasser that his/her behaviour is unwelcome tell the supervisor and if not resolved talk/write to senior management if a situation is unresolved by management, the complaint may be lodged with the appropriate human rights authority It is an employer's legal responsibilities to prevent and stop discrimination.
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Yukon Human Rights Tribunal
The Yukon Human Rights Tribunal is an independent, quasi-judicial body created by the Yukon Human Rights Act. It’s also called the Board of Adjudication. The Tribunal is responsible for accepting, screening, mediating and adjudicating human rights complaints. The Tribunal offers the parties to a complaint the opportunity to try to resolve the complaint through mediation. If the parties don't resolve the complaint, the Tribunal holds a hearing.
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Part D: Workers’ Compensation Act
The Workers Compensation Act provides the authority for the Workers' Compensation Board. The Board is an administrative agency that oversees programs and services that support the safety, protection and health of persons in the workplace. A major function is that of monitoring and promoting health and safety practices through enforcement of the Occupation Health and Safety Regulation. WCB also provides compensation and rehabilitation benefits to injured workers and their dependents, and collect funds from businesses to operate the workers’ compensation system.
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What to do if you're injured
If you're injured at work, you must report it to your employer immediately. An employer telling you to not report an injury or disease, or even trying to talk you out of reporting it to WCB Yukon (the Workers' Compensation Board), is against the law. Seek medical attention for your injury. If you need an ambulance or transportation from your workplace to your doctor's office or the hospital, your employer is required to pay those costs. Be sure to tell your doctor your injury is work related. Report your injury to WCB by filling out and sending a Report of Injury form online. If a WCB staff member asks you to complete this form at any time it is important that you do so and return it as soon as possible.
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Work-related diseases
Report work-related diseases as soon as you notice the symptoms. Even if you're not working or you've changed jobs when you realize you have a work-related disease, contact WorkSafeBC right away.
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