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HR Management - Midterm > Chapter 2 - Legal: Compliance & Impact > Flashcards

Chapter 2 - Legal: Compliance & Impact Flashcards

1
Q

Legal right of Employer

A

Right to modify employee work terms for legitimate business needs

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2
Q

Legal right of Employee

A

Right to be protected from harmful business practices

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3
Q

Legal duty of the Government

A

Balance needs of employer and employee (legal rights)

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4
Q

Federal law jurisdiction

A

Federally regulated employers *federal civil service, Crown corporations & agencies, transportation, banking, communications)

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5
Q

Provincial/territorial employment laws

A

All other employers (90% of Canadian workers)

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6
Q

Canadian Legislation

A
  1. Canadian Charter of Rights and Freedoms (basic rights)
  2. Human Rights Legislation (protection from discrimination)
  3. Employment Standards Legislation (minimum terms and conditions of employment)
  4. Ordinary Laws (Content or context specific)
  5. Collective Bargaining Agreement
  6. Employment contract
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7
Q

The Canadian Charter of Rights and Freedoms

A

Freedoms, freedom of:

  • conscience and religion
  • thought, belief, expression and opinion
  • peaceful assembly
  • association
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8
Q

Section 15 of the Canadian Charter of Rights and Freedoms

A

Section 15 - Equality Rights

- right to equal protection and benefit of the law without discrimination

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9
Q

Discrimination

A

Impairing the right of a person to full and equal recognition and exercise of his or her human rights and freedoms

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10
Q

Prohibited grounds of Discriminiation

A

Check Fig 2.2 in Chapter 2.

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11
Q

Types of Discrimination

A
  1. Intentional Discrimination

2. Unintentional Discrimination

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12
Q

Intentional Discriminiation

A
  • direct
  • differential or unequal treatment
  • indirect (3rd party)
  • by association
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13
Q

Unintentional Discrimination

A
  • constructive or systemic discrimination

- embedded in policies with adverse impact on specific groups

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14
Q

Examples of Unintentional Discrimination

A
  • Minimum height/weight requirements
  • Limited accessibility to company premises
  • Lack of harassment policy or guidelines
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15
Q

Bone Fide Occupational Requirement (BFOR)

A
  • Justifiable reason for discrimination
  • Based on business necessity (safe and efficient operations)
  • eg. vision standards for a bus driver
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16
Q

Reasonable accomodation

A
  • adjustment of employment policies/practices so that no individual is denied benefits
  • eg. work station redesigned for wheelchair
17
Q

Disability

A

Basis determined by courts (differential treatment)

Accommodation (respect dignity, legally defensible)

18
Q

Harassment

A

Unwelcome behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome.

19
Q

Examples of harassment

A
  • unwelcome remarks, slurs, jokes.
  • unwelcome sexual remarks, physical contact
  • condescending behaviour
20
Q

Employer responsibility (Harassment)

A
  • protect employees from harassment

- includes harassment by clients or customers

21
Q

Sexual Harassment

A

Offensive or humiliating behaviour that is related to a persons sex as well as behaviour or a sexual nature - creates unwelcome work environment.

22
Q

Sexual Coercion

A

Harassment of a sexual nature that results in some direct consequences to a worker’s employment status

23
Q

Sexual Annoyance

A

Sexually related conduct that is hostile, intimidating or offensive to the employee but has no direct link to tangible job benefits or loss.

24
Q

Harassment Policies

A

To reduce liability, employers should:

  • establish harassment policies
  • communicate policies to all employees
  • enforce policies in a fair and consistent manner
  • take an active role in maintaing a working environment that is free of harassment
25
Q

Aspects of Harassment Policies

A
  • clear policy statement
  • information for victims
  • employees rights/responsibilities
  • anti-harassment policy procedures
  • penalties
  • guidelines for appeals
  • other options
  • how the policy is adjusted and monitored
26
Q

Enforcement of Harassment

A

Responsibility lies with the human rights commission in each jurisdiction

Cost are borne by the commission - solved through mediation

Remedies:

  • systemic
  • restitutional
27
Q

Discrimination - Other Human Rights Case Examples

A
  • race and colour
  • religion
  • sexual orientation
  • age
  • family status
28
Q

Employment Equity Act

A
  • Based on Charter of Rights and Freedoms
  • Applies to federally regulated employers only
  • promotes equality
29
Q

4 Designated Groups in the Employment Equity Act

A
  1. Women
  2. Visible Minorities
  3. Persons w/ Disabilities
  4. Aboriginal people
30
Q

Employment Standards Act

A
  • Federal and provincial/territorial versions
  • Establish minimum terms for: wages, overtime, paid holidays/vacations, maternity leave, bereavement, termination notice
  • Employment contracts may exceed minimums
  • Principle of greater benefits applies
31
Q

Enforcement of Employment Standards Act

A
  • complaints filed with ministry of labour or counterpart
  • filed complaint is settled through the ministry, not civil court
  • limitation periods for filing
  • maximum claim limit for unpaid wages
32
Q

Respecting Employee Privacy

A

Challenges:

  • Employer has right to prevent liability to the company
  • Employees have right to control over info about themselves and freed from interference in their personal life
33
Q

Internet and Email Usage Policy

A
  • electronic surveillance is permitted
  • employer should create written policy
  • policy should be updates regularly to stay current with technology
34
Q

Video Surveillance

A
  • used to prevent employee theft and vandalism
  • employee must be made aware
  • not advisable if reasonable alternatives exist

HR Management - Midterm (8 decks)

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