Chapter 2 - Operating within legal framework Flashcards
What is the impact on manager of operating within a legal framework?
- Determines what is expected to successfully manage people
- Laws are written to protect employer and employees
- Treating employees , a certain way is not just legal requirement , but also good business! (happy employee=> more productive…)
What are the 3 federal employment laws?
- Canada Labour code
- Canadian human rights act
- Personal information protection and electronics documents act (PIPEDA)
What is the Canadian labour code good for?
- Objective= FACILITATE PRODUCTION (limiting numer of strikes…)
- Insuring that there are health and safety standards + employment standards
- Are federal employment laws (national)
(ariports, shipping, post, everything interprovincial, crown corporation, ACMP, military)
What is the canadian human rights good for?
- Applies to federal government departments, agencies, business
- Goal= human rights are applied
- What does it do?=> prohibit discrimination
What is PIPEDA good for?
- Law governs how private sector organizations collect, use and disclose information
(right to know why organization keeps info, right to expect they are going to be kept up to date and safe) - From organizational perspective, law asks to have concent, info need to be asked in a clear and understandable way
What does provincial legislation cover?
- Health and safety, human rights, unionized workplace (* only provincial covers that)
What is reverse discrimination?
When you bend over backwards to accommodate and than you favorite a certain group of person that was disadvantage in the past…
What do human rights legislation cover under federal and provincial legislation?
- Discrimination
- Bona fide occupational requirement
- Reasonable accommodation
- Harassment
What is an exemple of unintentional discrimination?
- advertisement only in english…
What does bona fide occupational qualifacation imply?
- Justifiable discrimination
- Any rule that is meant to exclude a group or person on purpose will fail
- Exemple if a job requires to lift high weights blabla
- Able to set certain qualification on job requirements that can discriminate
What does reasonable accommodation imply?
Making adjustments to any aspects of working conditions to accommodate the individual so it is not disadvantaged
What is undue hardship?
Employers are expected to accommodate to the point of undue hardship. Meaning that if the accommodation is to costly or penalizes the organization, they are not obligated to accommodate anymore… (we don’t expect to risk success , productivity, financial security , viability of the business)
There is a difference in undue hardship for small and large
How is enforcement of human rights legislation done?
- Complaint-driven
- Investigation
- Dermintation of reasonable ause or not
- REsolution/reconciliation
- ..
What are employment standards?
- Minimum obligations of employers
- Typically reflects views of government in relation to social policies
- covers such rights as: Hours of works, Overtime pay, vacation pay
- Administered by agency or commission
What is the pay equity concept?
Federal legislation that applies to federally regulated companies
Pay for work of equal value