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Course Outlines

BLAW 3905

Employment Law

School School of Business + Media
Program Human Resource Management
Course Credits 4
Minimum Passing Grade 50%
Start Date September 07, 2021
End Date December 04, 2021
Total Hours 52
Total Weeks 13
Hours/Weeks 4
Delivery Type Other
CRN 34798

Acknowledgement of Territories

The British Columbia Institute of Technology acknowledges that our campuses are located on the unceded traditional territories of the Coast Salish Nations of Sḵwx̱wú7mesh (Squamish), səl̓ilwətaɁɬ (Tsleil-Waututh), and xwməθkwəy̓əm (Musqueam).

Instructor Details

Name Tj Schmaltz
E-mail Instructor to provide
Location
Office Hours Instructor to provide

Course Description

This course will explore the common law legal principles and statutory regimes governing the relationship between individual employees and employers in Canada. While the emphasis will be on the law of employment in the non-union context, comparisons will be made throughout the course between individual and unionized activity and the relationship between unions and employers in Canada. The course will involve a review of relevant statutes, analysis of decisions from the courts, practical exercises, discussion and student presentations. Students should take HRMG 3205 Labour Relations I to learn about employment law as it applies to a unionized workforce.

Course Learning Outcomes/Competencies

Upon successful completion of this course, the student will be able to:

  • Analyze the appropriate employment legislation and common law principles in order to ensure employer compliance and design best practices;
  • Apply the principles of contract law that govern the employment relationship from formation to termination.
  • Outline the key steps involved in employment law dispute resolution, including the administrative tribunal process, traditional litigation and alternative dispute mechanisms.
  • Design practices to effectively reduce the risk of wrongful dismissal disputes and other legal causes of action.
  • Develop basic workplace policies that assist employers in maintaining compliance with employment legislation and common law.​

Learning Resources

Required:

· Kathryn J. Filsinger, Employment Law for Business and Human Resources Professionals, 2021, Edmond Montgomery Publications Limited (BC AND ALBERTA 4th EDITION) - Available in hard or soft copy via BCIT's Distance Learning Bookstore

· BCIT Course Pack (BLAW 3905)

· Materials provided by the instructor via the Learning Hub (Module Readings)

· BC Statutes as found on http://www.bclaws.ca/ and as assigned

Evaluation Criteria

Criteria % Comments
Reading Comp. Assignments1511 Assignments Completed Weekly
Online Mid-term 25%Open Book; Time Sensitive
Case Summaries30%2 Case Summaries (15% each)
Online Final30%Open Book; Time Sensitive
Total100%

Attendance Requirements

Regular presence and participation in on-line courses is seen as integral to student success and is therefore monitored. Unexcused non-participation via prescribed forms of electronic communication cannot exceed 10% of the time prescribed for the course. A student who fails to participate regularly as required by the course will be considered to have unexcused absences.Unexcused absences in excess of 10% of the time prescribed for this course may result in the assignment of a failing grade.

In case of illness or other unavoidable absence, students must communicate with the instructor, or the appropriate Program Head, as soon as possible (preferably in advance) indicating the reason for the absence. Students who are seeking accommodation for a medical absence must have a BCIT-approved medical certificate (https://www.bcit.ca/files/healthservices/pdf/studentmedicalcertificate.pdf). For other absences, students must be prepared to provide appropriate supporting documentation.

A student who has unexcused absences in excess of 10% of the time prescribed for the course by the Withdrawal Deadline is considered to have ‘Vanished’ and will be assigned a grade of ‘V’.In these cases, no further work will be graded.

These requirements are set out in accordance with BCIT Policy 5101 Student Regulations: https://www.bcit.ca/files/pdf/policies/5101.pdf. More information regarding withdrawals from PTS courses is available here: https://www.bcit.ca/pts/pts_withdrawals.shtml.

Course Specific Requirements

Students must obtain 50% average in order the pass the course. This includes a minimum aggregate score of 50% between the two exams (mid-term and final exam).

Course Schedule and Assignments

Week no./
Date

Outcome/Material Covered

Reference/
Reading

Assignment

1.

FOUNDATIONS:

Introduction to Course & Canadian Legal Frameworks

Chap. 1

Study Notes

Reading Comp.

2.

ESTABLISHING EMPLOYMENT:

Understanding Common Law

Ch. 2

Course Pack

Study Notes

Reading Comp.

3.

ESTABLISHING EMPLOYMENT: The Employment Contract

Unionized Workplaces

Ch. 5

Ch. 3 (p. 59-69; 71-75; 77-78)

Module Rdgs.

Course Pack

Study Notes

Reading Comp.

4.

DURING EMPLOYMENT: Administrative Law, Torts & Alternative Dispute Resolution (ADR)

Module Rgds.

Course Pack

Crocker v. Sundance (Supreme Court of Canada Decision)

Study Notes

Reading Comp.

5.

DURING EMPLOYM ENT: Human Rights Issues

Ch. 7

Course Pack

Study Notes

Reading Comp.

1st Case Summary

6.

DURING EMPLOYMENT: Employment Standards

Occupational Health & Safety

Ch. 6

Ch. 8 (p. 293 – 317)

Ch. 9 (p. 337 – 347)

Study Notes

Reading Comp.

Mid-Term Prep

7.

Online Mid-Term Available

Mid-Term

8.

DURING EMPLOYMENT: Privacy Inside & Outside the Workplace

Ch. 10

Study Notes

Reading Comp.

9.

DURING EMPLOYMENT:

Navigating the Employment Relationship

ENDING EMPLOYMENT:

Resignation & Retirement

Ch. 11

Ch. 12

Study Notes

Reading Comp.

10.

ENDING EMPLOYMENT: Dismissal With Cause

Ch. 13

Study Notes

Reading Comp.

11.

ENDING EMPLOYMENT:

Dismissal Without Cause & Wrongful Dismissal

Ch. 14

Course Pack

Study Notes

Reading Comp.

12.

POST-EMPLOYMENT:

Post-Employment Obligations

Ch. 15

Module Rdgs.

Study Notes

Reading Comp.

2nd Case Summary

13.

Online Final Exam Available

NOTE – The textbook contains information related to both BC and Alberta. As you will learn, case law remains relevant regardless of the jurisdiction (i.e. a case from Alberta is relevant in BC and vice versa - as well as from other provinces), but the legislation will have some differences. This course is designed to teach you the key components of employment law for BC. As a result, you will not be tested on Alberta legislation. You can therefore skip over references to Alberta legislation such as Alberta's Employment Standards, Human Rights, Workers Comp and Privacy Acts. This will help you speed up some of your reading and save on confusion along the way.

BCIT Policy

Any student who needs special assistance in the event of a medical emergency or building evacuation (either because of a disability or for any other reason) should promptly inform their course instructor(s) and Accessibility Services of their personal circumstances.

Human Rights, Harassment and Discrimination:
The BCIT community is made up of individuals from every ability, background, experience and identity, each contributing uniquely to the richness and diversity of the BCIT community as a whole. In recognition of this, and the intrinsic value of our diversity, BCIT seeks to foster a climate of collaboration, understanding and mutual respect between all members of the community and ensure an inclusive accessible working and learning environment where everyone can succeed.

Respect, Diversity, and Inclusion is a supportive resource for both students and employees of BCIT, to foster a respectful learning and working environment. Any student who feels that they are experiencing discrimination or harassment (personal or human rights-related) can confidentially access this resource for advice and support. Please see Policy 7507 – Harassment and Discrimination and accompanying procedure.

Students should make themselves aware of additional Education, Administration, Safety and other BCIT policies listed at https://www.bcit.ca/about/administration/policies.shtml

Guidelines for School of Business + Media

Attempts:
Students must successfully complete a course within a maximum of three (3) attempts at the course. Students with two attempts in a single course will be allowed to repeat the course only upon special written permission from the Associate Dean. Students who have not successfully completed a course within three attempts may not be eligible to graduate from their respective program.

Attendance:
Regular attendance in lectures and labs is seen as integral to student success, therefore, attendance in class is monitored. Unexcused absences in excess of 10% of the time prescribed for this course may result in the assignment of a failing grade. Attendance may be taken at any time during class. A student not present for attendance will be marked absent. A student who leaves class for a period of time deemed excessive by the instructor may be considered absent regardless of whether they are present when attendance is taken.

In case of illness or other unavoidable absence, students must communicate with the instructor, or the appropriate Program Head, as soon as possible (preferably in advance) indicating the reason for the absence. Students who are seeking accommodation for a medical absence must have a BCIT-approved medical certificate ). For other absences, students must be prepared to provide appropriate supporting documentation.

A student who has unexcused absences in excess of 10% of the time prescribed for the course by the Withdrawal Deadline is considered to have ‘Vanished’ and will be assigned a grade of ‘V’. In these cases, no further work will be graded.

These requirements are set out in accordance with BCIT Policy 5101 Student Regulations. More information regarding withdrawals from PTS courses is available at https://www.bcit.ca/pts/pts_withdrawals.shtml.

Approved

I verify that the content of this course outline is current.
Tj Schmaltz, Instructor
August 29, 2021

I verify that this course outline has been reviewed.
Marlize van Jaarsveld, Program Head
August 30, 2021

I verify that this course outline has been reviewed.
Richard Miles, Part Times Studies and Program Coordinator
August 31, 2021

I verify that this course outline has been reviewed and complies with BCIT policy.
Caroline Depatie, Associate Dean
August 31, 2021

Note: Should changes be required to the content of this course outline, students will be given reasonable notice.