Worker Rights and

Protections
 Part A: Employment Standards
Act
• The Employment
Standards Act sets
out the minimum
standards that apply
in most work places in
Yukon.
 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
 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
http://www.gov.yk.ca/legislation/acts/emst_c.pdf
Employment
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.
 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.
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
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.
 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.
http://www.yhrc.yk.ca
 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
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
 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.
 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.
• 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.
 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.
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
 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.
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.
 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.
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.
https://www.wcb.yk.ca/Forms/Injury-
Forms/F-0046.aspx
 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.