HR MIDTERM Flashcards
(140 cards)
1
Q
HRM
A
Human Resource Management:
An integrated set of processes, in an organization that focuses on the effective deployment and development of employees in support of the organization’s strategy and objectives.
2
Q
The evolution of HRM
A
Purchasing -> Labour relations -> Personnel -> HR -> Strategic HR
3
Q
What does HR do?
A
o Job analysis and design o Recruitment o Selection o Training o Development o Performance management o Compensation o Discipline o Separation
- Decision making: hiring decisions, like other decisions, must be based on real criteria related to the job and the needs of the firm
- Revisit assumptions you may have about members of groups (ex. Watch yourself for bias and stereotyping)
- Discrimination and the hiring stage (and beyond)
- Conflicting interests between employees; between firm and employees; sometimes between short and long-term goals of org
- Interviewing: think carefully about what you share in your interview and at recruiting events
4
Q
HR professional vs. Line Manager
A
HR professional
- Align HR strategies with business strategies
- Internal consulting
- Talent and workforce planning and management
- Develop systems and policies
- Deliver some services
- Manage culture and change
Line Manager
- Determine work and job design
- Make hiring/firing decision
- Coach train and develop employees
- Manage correct, review performance
- Some compensation
- Some planning
5
Q
Traditional conception of HR work
A
- Strategic – ex. Succession planning
- Tactical – ex. Filling vacancy, identifying people who need training
- Transactional – payroll, filing request for leaves, benefits
6
Q
Positioning HR in the value chain
A
within the profit margin, under supporting activities (with infastructure, technology development, procurement)
7
Q
Key forces for change and focus:
A
- Global economy
- Changes in firms and business sectors
a. Downsizing- planned elimination of jobs - Technology and quality
- Sustainability
- Developing HC and talent management
- Demographic and employee concerns
8
Q
Six Sigma
A
Process used to translate customer needs into a set of optimal tasks performed after each other
9
Q
Benchmarking
A
- Finding the best practices in other organizations that can be brought into a company to enhance performance
10
Q
What does HR have to do with Organization strategy? (Strategic HR)
A
- Contributes to organization strategy formulation
- Develops HR strategy that aligns with business strategy
- Manages talent to support organization strategy
- Human capital as competitive advantage
- HR as competitive advantage
11
Q
HR alignment decisions:
A
o Organization structure o Policies, processes o Work design o HC development, engagement o Inclusivity o Workforce planning o Organization culture o Change
12
Q
National CHRP Certification Requirements
A
- The CHRP designation represents a commitment to a national standard of excellence, set a benchmark for effective human resource practices, and emphasizes the strategic role of human resource management in business. You must meet the following qualitifcaitons
13
Q
Case: An indiscreet conversation on Hiring
A
Women – best candidate, relevant experience, and good education
Men – less likely to take paternity, Canadian knowledge
Employer responsibilities
- Cannot discriminate based on gender or age or family status
Job Problem Re-visited
1. Strategic – fill position with long-term cost/benefit analysis and business objectives in mind
2. Tactical – fill position with short term cost/benefit analysis in mind
3. Transactional – hire and train, don’t break the law
14
Q
Canadian Legal Framework
A
- Constitutional Law – Supreme law of Canada; includes the charter of Rights and Freedoms
- Statutes or Acts - legislation made by government
- Case or Common Law – judge-made law
15
Q
Canadian Constitution
A
The supreme law of Canada
o Comprised of enactments (acts) and amendments
o Political principles and system of government
o Institutions
o Power and responsibilities of the state
o Civil rights (Charter of Rights and Freedoms)
16
Q
Relevant Charter Sections
A
- Fundamental Freedoms: (2) Everyone has the following fundamental freedoms…a) of conscience & religion; b) of thought, belief, opinion, expression; c) of peaceful assembly; d) of association
- Mobility Rights: (6.2.a)… right to pursue the gaining of a livelihood in any province
- Equality Rights: (15.1 and 15.2)… Everyone is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination…. Except where discrimination ameliorates situation for historically oppressed…
17
Q
Charter of Rights and Freedoms: Section 15
A
- (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability
- (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability
- The charter applies only to government acts and conduct but:
o ALL LAWS AND DECISIONS PASSED AT ANY LEVEL OF GOVERNMENT MUST CONFORM WITH THE CONSITITUTION (and the charter is part of the constitution)
18
Q
A legal framework for Employment
A
- Human Rights Laws: Statutory, but considered quasi-constitutional
Regulatory Regime
- Legislation made by government, includes Human Rights
Common Law Regime
- Judge-made law, including contracts and torts
Collective Baraining Regime
- Rules regarding collective action
19
Q
(ON) human rights code: employment-related protected grounds
A
- Age, Ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status (including single), gender identity, gender expression, record of offenses*, sex (including pregnancy and breast-feeding), sexual orientation
- *Can’t discriminate if you have a pardon
- *Also cannot discriminate against provincial level offenses that do not relate to the job (ex. Speeding tickets)
20
Q
Human Right Law protect against discrimination
A
Direct
rule, practice, preference, restriction that on its face treats a person differently or unequally based on a prohibited ground. Ex. Married man wanted for…
Adverse Affect
rule, practice, preference, restriction that is neutral on its face, but which inadvertently or indirectly operates in a manner that discriminates. Ex. You must be 5’10 to apply… *discriminates against women, ethnic groups
Systemic
unintentional discrimination arising from pattern of behaviour that is rooted in established stereotypes, attitudes and value systems that perpetuates the relative disadvantage of a protected group
E.g. relationships/deals formed on the golf course…*discriminates against family status, religious groups
By Association
: association, relationship, dealings with another person protected under code. Ex. Parent of disabled child overlooked for promotion….
21
Q
OHRC: Defenses of prima facie discrimination
A
- Bona fide occupational requirement
a. Reverse discrimination is giving preference to members of groups such that others feel they are the subjects of discrimination - Special service organizations
- Nepotism (for or against)
- Medical/Personal/attendants/homeworker/domestic worker (in-home only) *person who owns the home can decide which type of person
- Special (affirmative action) programs
- Bona fide pension or insurance plans – ex. Young men pay more for insurance plans
22
Q
Bona Fide Occupational Requirement (BFOR)
A
- Does workplace standard that is prima facie discriminatory (directly or indirectly) qualify as a BFOR? Employer must establish:
1. The standard, policy or practice was adopted for a purpose rationally connected to the job. Is it discriminatory on its face and is it a protected ground?
2. The standard, policy or practice was adopted in honest and good faith belief it was necessary to fulfill legitimate work-related purpose. Go through test and is it needed for the job?
3. The standard, policy or practice is reasonably necessary to fulfill that legitimate work-related purpose, and that it is virtually impossible to accommodate the employee without imposing undue hardship on employer. Can we accommodate w/o undue hardship?
23
Q
Duty to accommodate:
A
- Requirement that an employer must accommodate the employee to the point of “undue hardship”
o Cost
o Health and safety requirements - Principle of accommodation based on 3 factors
o Individualization
o Diginity
o Inclusion
24
Q
Job accommodation process
A
- Four-step process for disability accommodation:
1. Can employee fulfill their existing job as presently constituted?
2. Can employee perform care aspects of existing job in modified form?
3. Can employee fulfill duties of another job in present form?
4. Can employee perform another job in modified form?
25
Limits to duty to accommodate
- Supreme Court of Canada (2008):
- “The test is not whether it [is] impossible for the employer to accommodate the employee’s characteristics. Although the employer does not have a duty to change working conditions in a fundamental way, it does have a duty, if it can do so without undue hardship, to arrange the employee’s workplace or duties to enable the employee to do his or her work. The test for undue hardship is not total unfitness for work in the foreseeable future. If the characteristics of an illness are such that the proper operation of the business is hampered excessively or if an employee with such an illness remains unable to work for the reasonably foreseeable future even though the employer has tried to accommodate him or her, the employer will have satisfied the test. The employer’s duty to accommodate ends where the employee is no longer able to fulfill the basic obligations associated with the employment relationship for the foreseeable future”
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BFOR- a standard seems to have discriminating impact.
- Exception to anti discriminatory laws
- Firms get to “pass” and discriminate based on those requirements
- Even though it comes with discriminatory element, it is ok.
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Other grounds of discrimination
```
- Also protected in OHRC:
o Association
o Reprisal
- Bill 164 proposed new grounds:
o Immigration status
o Genetic characteristics
o Police records
o Social condition
```
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UNDERSTANDING PRIVILEGE QUESTIONS
| Process of appealing
1. Inquiry and screening (launch a complaint)
2. Early resolution and mediation
3. Formal complaint
4. Notification (contact employee to determine if complaint is valid)
5. Mediation (bring ppl in)
6. Investigation
a. Conciliation
b. Tribunal
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Diversity Management
• Combination of organizational policies and practices that supports and encourages employees differences in order to reach business objectives
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Statutory Law
- A statute is a law passed by government (“legislation” or “act”)
o Regulations are rules/orders imposed by administrators about HOW to implement Act
o Bill 148
o A “Bill” is an amendment to the law
31
Jurisdiction: Employment regulation in Canada
```
Federal (about 10%)
o Aeronautics
o Shipping and Navigation
o Railways
o Banks
o Interprovincial Bus and Transport Companies
o Communications (telephone, television, radio)
o Atomic Energy
```
*** Similarities - businesses that go across borders
Provincial (about 90%)
o All other areas of commerce and employment. Ex. 7-11, Canadian Tire, Mcdicks, Walmart
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Jurisdiction: Some laws relating to employment (Federal)
Canadian Labour Code
Canadian Human Rights Act
Personal Information Protection and Electronics Documents Act (PIPEDA)
Employment Equity Act
33
Jurisdiction: Some laws relating to employment (Provincial)
Ontario Human Rights Code 1990
Employment Standards Act, 2000
Occupational Health and Safety Act, 1990
Pay Equity Act, 1990
Accessibility for Ontarians with Disabilities Act, 2005
Workplace Safety & Insurance Act, 1990
Labour Relations Act, 1995
34
(ON) Employment Standards Act, 2000
Minimum basic working conditions and obligations of employers
o Hours of work, scheduling, overtime, pay, records
o Vacation time and pay
o Leaves of absence
o Termination and severance
o Addresses specific issues: example wage deductions
Applies to most workers, and sets out exemptions
Bill 148 made significant amendments to the ESA (and other labour and employment laws)
35
(ON) occupational Health and Safety Act, RSO 1990
Governs employer responsibility for healthy and safe workplace
Bill 168: includes violence and harassment in health & safety legislation
Bill 132: Specific to sexual violence and harassment
Administered through government agency – ministry of labour
36
(ON) Labour Relations Act, 1995
Governs process and procedures between trade unions and employers, including certification, collective bargaining, job action, dispute resolution and decertification
Administered through Ontario Labour Relations Board
Federally regulated employees are governed by the Canada Labour Code
37
Accessibility for Ontarians with Disabilities Act, 2005
Designed to redress historical discrimination against persons with disabilities by developing accessibility standards an removing barriers:
Employer obligations:
1. Let applicants know hiring process will be modified to accommodate disabilities if required
2. Build accessibility needs into human resources practices
3. Create written processes for developing individualized accommodation plans (large orgs only)
4. Help persons with disabilities stay safe in emergencies
5. Plan, design and train employees about/for accessibility
38
(On) Pay Equity Act, R.S.O. 1990 –applies to all employers 10 or more employees
Two principles:
o Equal pay for equal work
o Equal pay for work of equal value
o Pay equity also addressed in Bill 148 (ESA amendment)
39
(FED) Employment Equity Act
Federal legislation that focuses on employment of certain groups that have been historically disadvantaged; requires proactive measures to improve employment opportunities for:
1. Women
2. Visible Minorities
3. First Nations
4. Persons and disabilities
40
Special Case: Privacy
- No absolute right to privacy in Canada, legislation is patchwork…
- 4 main statutes generally focus on collection, use and disclosure of personal information collected by organizations:
o Personal Information Protection and Electronic Documents Act (fed)
o Freedom of Information and Protection of Privacy Act (ON)
o Municipal Freedom of Information and Protection of Privacy Act (ON)
o Personal Health Information Protection Act (ON)
- Torts of “intrusion upon seclusion” and “public disclosure of private facts”
41
Special Case: Harassment
- Harassment (general and sexual) protected in several places:
o Human rights legislation (OHRC)
o Occupational health and safety legislation (Bills 168 & 132)
o Also a new tort of harassment in Ontario (tort: a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability)
42
Judicial Framework: Enforcement
- Administrative System:
o Agencies conduct inspections, investigate complaints, make rulings, issue orders
o Tribunals make decisions in specialized areas governed by statutes; quasi-judicial
o Ex. Human Rights Tribunal of Ontario and Ontario Labour Relations Board
** Do this if your rights are violated
- Court System:
o Judicial review
o Common Law issues
43
Consequences to employers for violating human rights
Typically, at least one order to:
1. Compensate (possibly with interest) for pain, humiliation, injury to self-esteem, loss of health and welfare (25% of cases) - remedies getting larger
2. Compensate (possibly with interest) for lost wages/salary (17%)
3. Display Human Rights Code
4. Stop unlawful conduct
5. Hold human rights workshop/training
6. Offer of employment/promotion
7. Pay costs of complaint
8. Others
44
Employee Types
- Regular full-time employees
- Regular part-time employees
- Casual employees – ex. Supply teacher – people get called in to backfill (no specific regular hours)
- Temporary workers – ex. Agriculture, seasonal
- Interns: paid and unpaid
- Contractors: dependent and independent
45
Regarding unpaid internships
You must be paid in Ontario (i.e. you are an employee) unless (all of):
o The training is similar to that of a vocational school
o Training is for benefit of the individual (ex. to gain skills)
o Employer derives little, if any, benefit from intern’s activities (firm can’t profit or benefit from unpaid labour)
o Intern cannot be promised full or part-time paid employment at end of internship (not a free probationary period for employers)
o Intern must be told they will not be paid
See ESA s.1(2) Person Receiving Training: Note unpaid internships are permissible if part of an authorized co-op program)
46
A spectrum of employment types
An employee or not an employee?
Independent Contractor: less tax, do not work for a wage, can terminate on commercially reasonably less notice
1. Need a contract
2. Contractor has control over how they do the work
3. Make sure contractor works for various companies (economic dependence)
4. Incorporated – whose business?
5. Have their own tools
Where problems arise: end of employment, Canada revenue, contract worker wants benefits, when a contractor gets hurt and no one has been contributing to insurance
47
Braiden vs. La-Z-Boy
- Employee or not?
- Proper notice or not?
- Employee/contractor relationship based on facts
- Employee test (5 Factors)
o Had his own car, tools, office space – besides this he was an employee
- Notice Period
o 1 week of notice for every year they have been working up to 8 weeks. (ESA minimum)
o clause said that he was entitled to 20 weeks
- Employer/Employee power imbalance
- ESA minimums: termination and severance
- Reasonable notice: 20 weeks
- Bardal Factors: seniority, age, etc all play into getting more notice since finding similar employment is much harder at his age and work level.
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Common Law
The body of law derived from judicial decisions, rather than from the constitution or statutes
Based on precedent (previous decisions)
o Can be binding or
o Can be persuasive
49
Employment Contracts
Three Elements:
1. Offer
2. Acceptance
3. Mutual consideration
- Contract complexity and length should be equal to the complexity of the job
- Verbal contract is legitimate but it is hard to prove/enforce when issues come up
50
Sources of employment contract terms
Expressed Terms: terms stated in writing or explicitly agreed to orally
Ancillary terms: terms in ancillary documents that may be incorporated into the employment contract
Implied Terms: terms read into the contract by judges to fill voids in expressed contract terms – always in favour of the contractor
51
Some common expressed terms
- Job description, remuneration, term of contract, termination clause, probationary period, relocation, benefits, ownership of intellectual property, restrictive covenants (read carefully – non-compete and restriction on clients), choice of law/jurisdiction, corporate policies, entire agreement clause, inducement – getting credit for experience, independent legal advice, severability
52
Some common implied terms
Employees have implied obligation to:
o Obey lawful orders of employer
o Cooperate in advancing employer’s commercial interests
o Not to compete and to protect confidential information
o Perform competently and safely
o Be honest
o Avoid lateness and absenteeism
o Avoid intoxication
o Avoid harassment
o Provide reasonable notice or resignation
Employers have implied obligations to:
o provide reasonable notice of termination of contract
o provide reasonably safe work environment
o treat employees with decency, civility, respect, dignity and to engage in fair dealing
o permit employees to report to work
o compensate employees for work performed
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Employment contracts – Common enforceability issues
```
o Failure to meet minimum statutory standards
o Inequality of bargaining power
o Use of ambiguous language
o Obsolescence
o Lack of consideration
```
54
FYI: Tort law and employment
Tort: a wrongful act done by one person to another for which there is a legal remedy
```
More common torts in employment
o Intentional infliction of mental suffering
o Assault and battery
o Intimidation
o Defamation
o Inducing breach of contract
o Negligence
```
55
TedTalk: What will future jobs look like?
“More and more things that look like science fiction and less things that look like jobs”
androids doing a lot of the work we are doing right now
more and more technology and less and less jobs “the new machine age”
the best economic news on the planet 1. Tech progress is what allows output to go up and prices go up and volume and quality go up (abundance) – exactly what we want our economic system to provide 2. We get freed up from drudgery and toil (we don’t have to do things we don’t want to do anymore
amazing new possibilities (craftsman’s and hobbyist are now innovators)
great flourishing
two challenges we are going to face:
o tough to offer your labour to an economy that is full of machines
o total wages paid out to the economy at an all-time low
need a large stable prosperous middle class – however middle class is under huge threat right now
inequality and polarization continue to go up
as we start to automate the economy – the lower class becomes less well-off and the richer just get richer.
Work saves a man from three great evils - Boredom vice and need
Encourage entrepreneurship, double down on infrastructure and ensure people get an education in the short term
Long term – guaranteed minimum income (associated with extreme left wing),
Social mobility is lower than northern euro countries
5 million Americans have been unemployed for more than 6 months
generate inequality instead of opportunity
the facts are getting out there and the changes in the economy are becoming very well known
awareness is going to sink in that things are going to be different – then we are off to the races – we know how to solve challenges
the plain facts of the machine age are becoming clear, and with this knowledge that people have, we are going to use them to create a good course into the challenging economy that we are about to be faced with in the near future
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HR Functions
- Job analysis and design
- Recruitment
- Selection
- Training
- Development
- Performance management
- Compensation
- Discipline
- Separation
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Talent Management
Having the right people in the right place at the right time
The HR forecasting process
1. Identify organizational goals, objectives, plans
2. Determine overall demand requirements
3. Assess in-house resources
4. Determine net demand to be filled externally
5. Develop programs to ensure proper flows
58
Matching HR strategy & business strategy
- - you need different sorts of employees in different hr practices and programs in order to achieve different organizational goals
59
Determining employee types Questions
- Which is the best type for an organization, and why? What should an org consider in deciding?
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Types of employee's
```
o Regular full-time employees
o Regular part-time employees
o Casual employees
o Temporary workers
o Interns: paid and unpaid
o Contract workers (dependent & independent)
```
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Job Analysis Information
- Job descriptions
- Job performance standards
- Job design
- Foundation for other HR functions (make decisions on hiring and compensation)
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Job
A group of related activities and duties
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Position
Specific duties and responsibilities performed by only 1 employee
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Work
Task or activities that need to be completed
65
Role
Part played by an employee within an organization
66
Process of job analysis
Where you get job information
- employee
- supervisor
- online job profiles
How you obtain job information
- questionnaires
- interviews
- dairies
- observations
What job information is collected
- tasks
- duties
- responsibilities
- equipment used
- skills required
- knowledge required
- experience required
- working conditions
- effort
- job context
- performance standards
Where the information goes
- written job descriptions (job titles, summary of job, job duties and responsibilities, job specification, standards of performance)
How information is used
- recruitment
- selection
- performance management
- training and development
- health and safety
- compensation
67
traditional job description
A recognized list of functions, tasks, accountabilities, working conditions and competencies for a particular occupation or job
o Job title
o Summary of job
o Job duties (tasks and responsibilities; essential and desired)
o Job specifications (KSAOs) - Knowledge, skills, abilities, and other characteristics - duties in order to perform the job successfully
Also: relationships (who you will be reporting to), working conditions, authority (any reports they are responsible for), accountability, performance standards, outcomes, other duties as required? – If something else comes up that is unforeseen is technically not outside the job description of employees – employers have flexibility but can oftentimes take advantage of employees in this way
68
Importance of a job description
o “It was an employment relationship that had failed and had no prospect of being rehabilitated because she persistently demonstrated an unwavering determination not to work within the requirements of her job description and the clear directions given to her by her supervisors” – BC adjudicator, 2010
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Design: what makes a good job?
not just what work needs to be done, but how to create a job that can be successfully done by workers. Ex. progress, education, precision, speed, timely, etc
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Considerations in job design
(The process of defining and organizing tasks, roles, and other processes to achieve employee goals and organizational effectiveness )
- Organizational objectives
- Industrial engineering
- Ergonomics
- Behavioural concerns
- Job quality
71
Job Growth
More jobs have been created in the last few months in Ontario – some concerns on how good these jobs are… overtime the amount of full time jobs that are available (high quality, usually pay better, benefits, etc) has decreased. There has been job growth in lower paying jobs and jobs in higher paying industries are not going as quickly
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Emerging issues in job design
```
o Empowerment and engagement
o Competency-based jobs
o Team-based jobs
o Living job description
o Job crafting
o End of Jobs?
```
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Potential Job design strategies
* Job rotation
* Job enlargement
* Leadership teams
* Job enrichment
* Job crafting
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Types of teams
Surgical teams
o Required coordinated interaction all members
Coaching groups
o Output of a group is the aggregation of members individual contributions
Face to face teams
o Complementary skills work together in real time
Leadership teams
o Includes all significant leaders who share responsibility for leading a large unit
Sand Dune teams
o Dynamic and fluid systems that change as business requirements change
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Competency-based approach - competencies as sets of knowledge, skills and behaviours necessary for the job:
```
o Problem-solving
o Communication skills
o Leadership and/or team skills
o Thinking and analyzing
o Coping and adapting
o Representing and promoting
o Self-management
o Professional and technical skills
o Management skills
```
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competency-based approach: problem solving
Level 1: resolves straightforward or routine problems or issues, typically related to own job and escalates
level 2: resolves straightforward or routine problems or issues, typically related to own job or work unit
level 3: resolves moderately complex problems or issues
level 4: resolves complex, sensitive or contentions problems or issues
level 5: resolves the most complex, sensitive or contentions problems or issues
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HR planning steps
Step 1: forecast demand for labour
Step 2: determine supply of labour - external and internal
Step 3: identify the gap between demand and supply
Step 4: develop action plans to eliminate the gap
- Oversupply
- Shortage
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Recruitment meaning:
A set of activities and processes used to obtain sufficient pool of qualified people so that the organization can select the most appropriate people to fill its needs
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Recruitment Objectives:
Strategic: link candidate to the organization’s strategy and objectives
Technical: skills, credentials related to job performance
Operational: link candidate to needs of department, team
Cultural: fit with the organization, the organization culture and values
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Talent Acquisition
treat recruiting like marketing
innovate: who and where are you looking?
social media and talent communities
use data to improve quality and efficiency of hiring
maintain active and deep candidate bench
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branding (what attracts employee's?) meaning
Employment branding is “internally and externally promoting a clear view of what makes a firm different and desirable as an employer.”
- Interest value
- Social value
- Economic value
- Development value
- Application value
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Advantage and disadvantages of recruitment strategies:
Internal – less risky, fit with culture, loyalty increased, firms have info on employee KSAO, understating of weaknesses, less resources needed (lower costs, training, quicker), workers are motivated by internal
External – new, unbiased, new KSAO for the firm, not taking quality from elsewhere, marketing, good for a firm transition period/change
Informal (word of mouth; networks) – easy to implement, lowest cost, vetting, timely, diversity, passive, develop and nurture relationships, culture.
** be careful of access to opportunities and privilege
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Recruitment Methods (internal vs. external)
Internal:
o Through HR planning (tracking job movement)
o Succession planning; mentoring; sponsorship
o Internal job posting
```
External:
o Advertisements (newspaper, website, jobsites)
o Employment agencies
o Educational institutions
o Open houses and job fairs
o Unsolicited applications and resumes
o Professional associations and unions
o Recruiting clouds an de-recruiting
o Employee referrals
o Social networks and tools (new apps)
o Activities, competitions, events
```
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The 3 R's of recruitment
Recruitment methods
Recruiter behaviours – warmth, competence, informative
Realistic job previews
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Common law issues for employers
Negligent misrepresentation in hiring
o Employer misrepresentations, such as overstating the benefits program, in an attempt to induce a candidate to take a job can have negative legal consequences.
o employers might make representations about a job or benefits at the hiring stage that later turn out not to be true.
Inducement
o a thing that persuades or influences someone to do something
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Some raises in person perceptions
- Primacy and recency effects
- Reliance on central traits
- Implicit assumptions
- Projection
- Stereotyping
- Prejudice
- Halo effect
- Similar-to-me effect
* * all these things can lead to discrimination (legal obligations and moral responsibilities)
87
Misrepresentation by employee - grounds for dismissal if:
- Goes to root of qualification
- Inherent lack of honesty relevant to job
- If minor misrepresentation, reasonable notice required
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selection meaning:
The process of choosing individuals who have relevant qualifications to fill existing or projected job openings.
89
Selection as decision-making
```
Identify the problem
determine decision criteria
develop altnerative solutions
evaluate alternatives
choose best solution
implement solution
monitor and evaluate
```
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Steps in the selection process (adapted)
- Job design and posting
- Application form/resume submission
- Initial screening; short list
- Some employment tests
- Selection interview
- Background & reference checks
- Supervisory/second interview
- Hiring decision and conditional offer
- Some employment tests
91
Selection: evidence of validity?
Is there a statistical relationship between a predictor and a criterion?
- Criterion: some outcome associated with job success (ex. output, quality, sales, performance ratings, attendance, tenure)
- Predictor: Something used to predict some outcome related to a job (ex. pre-employment tests, GPA, interview ratings, credentials, experience)
92
Setting objective criteria and using data
- The Moneyball approach
Ex.
- Investment Banker: High GPA correlated with success (strong analytical and mathematical reasoning measured by academic means)
- Marketer: high GPA often not correlated with success (skills of creativity and innovation not predicted by success in academic environment)
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Generating applicant information
Relevance: information that is relevant to the work and candidate’s ability to perform the job
Reliability: the degree to which interviews, tests, and other selection procedures yield comparable data over time and alternative measures
Validity: The accuracy of measurement obtained by a test or other selection procedure
o refers to what a test measures and how well it measures it
94
OHRC requirements for employment selection
Employment
- 23. (1) The right under section 5 to equal treatment with respect to employment is infringed where an invitation to apply for employment or an advertisement in connection with employment is published or displayed that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination. R.S.O. 1990, c. H.19, s. 23 (1).
Application for employment
- (2) The right under section 5 to equal treatment with respect to employment is infringed where a form of application for employment is used or a written or oral inquiry is made of an applicant that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination. R.S.O. 1990, c. H.19, s. 23 (2).
Questions at interview
- (3) Nothing in subsection (2) precludes the asking of questions at a personal employment interview concerning a prohibited ground of discrimination where discrimination on such ground is permitted under this Act. R.S.O. 1990, c. H.19, s. 23 (3).
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Pre-employment testing
- Job skills
- Intelligence/aptitude
- Personality
- Integrity
- Medical/fitness/physical
- Drug/alcohol
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Methods of Interviews
o One-on-one
o Panel or group
o Telephone, videoconference, skype
o Internet-based
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Question types in interviews
```
o Structured/unstructured
o Situational questions
o Behavioural description interview
o Positon/industry specific (ex. case interviews)
o Skill/reasoning
o Direct/indirect
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Reference checks purposes:
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o Reliability and validity
o Objectivity
o Negative indicators
o Liability vs. qualified privilege
o Second-order reference checks
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Google people operations - How to avoid biases and get best employee's
1. Clear criteria for selection
2. Standards for success in selection process
3. Close the deal
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Google people operations - example
Weighting criteria for job applicants (general cognitive ability, emergent leadership, Googleyness, role-related knowledge
* Having and using real criteria are the key to getting the best candidate and defending your decisions.
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Understanding performance (perf = f(AME)
Ability:
- technical skills
- interpersonal skills
- problem solving skills
- analytical skills
- communication skills
- physical limitations
Motivation:
- career ambition
- employee conflict
- frustration
- fairness/satisfaction
- goals/expectations
Environment:
- equipement/materials
- job design
- economic conditions
- unions
- rules and policies
- management support
- laws and regulations
Understanding Performance- Performance = f(ability x motivation x opportunity)
```
Ability
o Technical and physical skills
o Education and Training
o Problem-solving and analytical skills
o Interpersonal and communication skills
o Natural talents
o Potential
• Motivation
o Personal factors
o Equity and justice perceptions
o Job design and characteristics
o Goals and expectations
o Engagement
o Purpose
• Opportunity
o External environment
o Rules, laws, policies, processes
o Equipment and tools
o Management support
o Organization culture
```
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Perfomance management
is the process to plan, measure, review, monitor, document and discuss performance to further the success of employees and the organization
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Perfomance appraisal/review
more narrowly is “a formal process in an organization whereby each employee is evaluated to determine how he or she is preforming
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Why is performance management important to employees?
o Measure and clarify expectations, developmental purposes, compensation and pay for performance, admin decisions, legal compliance and documentations (paper trail)
Development, accomplishment, learning, motivation, compensation, self-evaluation, documentation, promotion, change, clarify, timely feedback, focused discussion (formalized)
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performance management system
```
Clear performance expectations
clear and specific objectives
ongoing coaching and feedback
performance reviews
recognizing & celebrating performance
Action plans for improvement
```
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Establishing individual performance metrics
1. Results: what gets achieved, produced, done
2. Behaviours: how the job needs to get done
3. Traits: characteristics that achieve results
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Understanding performance measurement
Criterion contamination: elements that affect the appraisal that are not part of the actual performance (performance measures) ex. counting hours, baking goods,
Strategic Relevance: performance standards linked to organizational goals and competencies
Criterion deficiency: Aspects of actual performance that are not measured ex. teamwork and lack of appraisal, leadership role but manager does not see it
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Performance Management system:
1. Validity
2. Reliability
3. Fairness
* * when picking a performance metric, we need to make sure it is relevant
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Self-serving bias -
when you fail you blame on external, when you succeed you blame on internal
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Ineffective performance
organizational
- insufficient training
- unsupportive management
- unclear reporting relationships
external
- industry or economic decline
- legal contraints
- conflict between ethics and job demands
job concerns
- unclear job requirements
- problems with job
- management-employee conflict
- management-employee conflict
personal
- marital problems
- financial worries
- immaturity
- lack of motivation
- incompetence
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coaching vs. counselling
- Coaching: focuses on abilities – help improve and excel where they need to
- Counseling: focuses on attitudes – deal with human problems ex. directing people to resources
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Traditional performance appraisal systems
Ranking, paired comparison, critical incidents, forced distribution, 360-degree feedback, management by objectives, graphic rating scales, behaviourally anchored rating scales
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Problems in performance management and appraisal
Manager issues: biases, dislike of process; lack of time and dedication
Organization issues: lack of commitment to process, training for managers, executive support; inappropriate systems
Measurement issues: no/wrong performance criteria; inability to measure or isolate employee impacts
Implementation issues: no plans for development; few ways to address problems
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New performance management priorities - Deloit (replace rank and yank with coaching and development)
o Link performance management with strategy and leadership
o Simplify process
o De-link performance scores and compensation
o Use to build skills
o Teach managers to give feedback
o Coach everyone, not just high potentials
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Deliotte's new performance appraisal
1. Given what I know of this person’s performance, and if it were my money, I would award this person the highest possible compensation increase and bonus
2. Given what I know of this person’s performance, I would always want him or her on my team
3. This person is at risk for low performance
4. This person is ready for promotion today
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The learning value chain
Capability
o Enhance capability and intentionally, development of knowledge, skills attitudes
Transfer
o New behaviours, new tasks, improved performance
Business Results
o Enhanced performance improves business results. Better business/organization outcomes
Return on investment
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Training: The systems Model
Phase 1: Needs assessment
o Analyze training needs (organization, job, role, individual)
o identify training objectives and criteria
Phase 2: Design
o Pretest trainees
o Plan training content
Phase 3: Delivery
o Schedule and conduct training
o Monitor, validate and revise training
Phase 4: Evaluate
o Measure training outcomes: reactions, learning, behaviour, results
o Compare outcome to objectives and criteria
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Phase 1: Needs assessment
Organization Analysis
o Examine environment, strategies, and resources of the org
Task analysis
o Study tasks and duties involved in jobs- is the task being completed
Person analysis
o Identify gaps in specific individuals’ KSAOs
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Phase 2: Design the training program
Dales Cone of learning- People remember 10% of reading, 20% of hearing, 30% of seeing- 50% of see and hear, 70% of say and write- 90% of doing
1. Training objectives
2. Trainee readiness and motivation
3. Principles of learning & teaching
a. Goal setting
b. Individual differences
c. Active practice and repetition
d. Whole-versus-part learning
e. Meaningfulness of presentation
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Phase 3: Implement the training program
```
instructional method *multi modal approach works best
• In-house or external
• Independent learning
• Classroom
• E-learning
• On-the-job
• Behaviour modelling
```
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Phase 4: Evaluate the training program
1. Trainee reactions – this is the only factor easy to assess
2. Extent of learning
3. Behaviour
4. Results
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Learning culture
• An organizational commitment to ongoing learning,a nd processes of sharing, support, communication
• A culture of learning happens when workplace leaders provide opportunities for learning in a supportive environment
• Emerges when
o Learning is framed positively and realistic expectations are set
o Management actions and behaviours are supportive
o Training mandatory when necessary balanced with optional training
o Measures in place to prevent decay
• Strong learning cultures are correlated to show significantly better organizational performance
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Training Transfer model
Learner characteristics
- cognitive ability
- self-efficacy
- motivation
Intervention design
- development of learning goals
- adult learning principles
- instructional methods and media
- self-management strategies
work enviroment
- strategic link of training
- org climate and accountability
- opportunity to perform
- technological support
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Learning culture (way better performance (33%) - barriers to transferring
```
• Lack of managerial support
• Inadequate resources
• Lack of learning culture
• Irrelevant training
• No opportunity to train
• No boosters or training updates
** leads to decay, relapse
```
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strategic compensation
• sStrategic compensation links compensation paid to employees to goals of organization
126
Determining compensation through job eval
* Process to determing of a job compared to other jobs
* Internal Equity is a problem
* Used to develop grades and ranges
127
Stuff to consider for Raleigh and Rosse
How is SPH system a good performance metric
o What does it measure
o How is it linked to business strategy
How does it incent desired behaviours?
o What undesired behaviours does it elicit?
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some problems with regard practices
* Want teamwork but reward individuals
* Want innovative thinking but don’t allow mistakes
* Development of people skills but stress technical achievements
* Employee involvement and empowerment but have tight control over operations
* Want long term growth but release quarterly earnings
* Want commitment to total quality but stress shipment
* Want candor but only report good news
129
compensation issues
* Minimum wage increase
* Universal basic income
* CEO compensation
* Salary transparency
130
Employee Discpline
* Failure to discipline suggests behaviour is acceptable
| * Delaying discipline makes it difficult to justify actions
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Fair and Just Disciplinary Process
1.Rules and regulations: Clear expectations of requirements and acceptable behaviour
2. Progressive discipline: warning(s), suspension, termination
a. Verbal warning
i. Written warning
1. Suspension
a. Termination
3. Procedural fairness: know case, be heard, judge fairly, give reasons
4. Positive Discipline- a cooperative endeavor
a. Employer does not impose discipline
b. Employee takes responsibility for correcting their behaviour
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Termination occurs when employer
1. Dismisses or stops employing an employee
2. Lays employee off for period exceeding temporary layoff
3. Constructively dismisses employee & employee resigns with reasonable period
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Dismissal without cause
In most jurisdictions, including Ontario, an employer may dismiss non-unionized employees without cause as long as it meets contract obligations and provides proper notice of termination or payment in lieu of notice
oEmployee standards set out minimum notice
Statutory notice period minimums (1 week of pay/year -> 8 weeks)
Can’t terminate employees for exercising rights under statutes
Severance pay is compensation for long-term employees in certain organizations (5 years; 2.5 million payrool)
Exceptions include mass terminations
oCommon law determines reasonable notice time
Based on Bardal factors
• Length of service
• Employee’s age
• Character of position
• Likelihood of finding another employment
oContract sets out alternative termination provisions
Clear termination provision
An employer does not have a contract in place, common law entitlements apply- require generous provisions
134
Dismissal With Cause: Just Cause
Just cause occurs when employee fundamentally breaches the employment agreement. Consequently, the employer no longer is bound by common law duty to provide reasonable notice
135
Just cause requirements (non-union):
```
o Onus of proof
o Progressive discipline
o Proportionality
o Contextual approach
o Procedural fairness
o No condonation
```
136
Employees have implied obligations to: Just know a couple
* Obey lawful orders of employer
* Cooperate in advancing employer’s commercial interests
* Not to compete
* Protect confidential information
* Perform competently
* Be honest
* Others
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Establishing Just Cause- 2 categories: problems related to i) job performance ii) misconduct
* Incompetence
* Incompatibility
* Disobedience
* Dishonesty
* Insolence and insubordination
* Off-duty conduct
* Culpable absenteeism and lateness
* Harassment
* Intoxication
138
Good Faith Dismissal
Point at which the employ employment relationship ruptures is the time in which employee is most vulnerable and hence, most in need of protection- the law encourages minimizing the damage (economic and personal) from dismissal
139
Managing Termination
* In unionized environments and some jurisdictions, just cause is required
* Fairness and due process
* Organization policy
* Documentation
* Acting in good faith
* ADR and appeal process
140
Wrongful Termination
* Violated a relevant law
* Violated employment contract
* Violated own dismissal processes
* Alleged, but did not show, just cause
* Acted in bad faith
