Module 11 Flashcards
Employee Relations
Employee Relations (ER)
- Touches upon almost all HR processes
- Cover employee retention, employee communication, grievance processes (outside unions).
Good ER
Assists in employee retention, driving innovation, improving productivity, reducing costs, lowering voluntary attrition, and preventing unionisation.
What causes poor ER?
Poor leadership, lack of recognition, repeated layoffs, legal non-compliance, uncompetitive total compensation, and bad communication.
Top Down Communication
Information which is provided by management downwards into the organisation.
Bottom Up Communication
Grapevine/informal means of communication.
Employee suggestions, employee surveys, or employee focus groups.
In-House Grievance Procedures (non-union)
Formal process for employees to launch complaint if matter cannot be resolved otherwise. Addressed to HR or management, and might result in a formal investigation.
Legal Frameworks for Privacy at Work
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- Human Rights Legislation (federal and provincial)
- The Saskatchewan Privacy Act (1978)
- Common Law Contract Law
- Collective Bargaining Agreements (CBAs)
PIPEDA
Personal Information Protection and Electronic Documents Act:
- Applies to federally regulated employers
- Does not apply to provincially regulated employment relationship.
- There is no PIPEDA equivalent in Saskatchewan.
Human Rights Legislation
- Limits collectionof private information based on prohibited grounds
- Employers cannot request private information from applicants
The Saskatchewan Privacy Act
Creates a tort of violation of privacy.
Common Law Contract Law
Courts ruled that invasions of employee privacy can be a breach of contract term of good faith.
CBAs
Collective Bargaining Agreements:
- Apply only in unionized organizations
- CBAs can make specific provisions on employee privacy
Law on Employee Privacy in Canada
- Is a complex patchwork of various sources of law at both the federal and provincial level.
- Is evolving as technology advances.
- Is inconsistent as there is no universal right to privacy.
- Focuses on “reasonableness” striking a balance between employees right to privacy and legitimate employer business interests.
- Is enforced through different channels.
Privacy Best Practices
- Adhere to PIPEDA principles
- Are there less invasive equally effective measures available?
- Before implementing invasive measures, consult a lawyer
- Provide privacy training to all employees
Employee Engagement (EE)
Aims at incresing job satisfaction, thereby enhancing employee productivity.