Operating legal framework - Chap 2

Question 1

Human Resources function

Answer 1

fundamentally intertwined with legal aspects, nut it is not just about strict compliance, there needs to be a HOLISTIC HR governance program no just rules.

Question 2

what happens when manager ignore laws

Answer 2

when ignoring the legal aspects of HRM they can be costly and time-consuming litigation, negative attitudes and damage organizational morale.

Question 3

human rights legislation

Answer 3

laws about gender, race, religion, age, marital status, disability, family status, sexual orientation, national origin, colour or position in an organization.

Question 4

types of law

Answer 4

• common law (establishes basic employee-employer relationship of trust).
• contract law (governs a person engaged in a fee-for-service activity for company)
• statutory law ( law that creates employment conditions, providing minimum wages for holidays with pay.

Question 5

how many jurisdictions are there

Answer 5

There are a total of 14 different jurisdictions (government authorities), which means 14 different sets of laws.

ex. fed leg only applies to 10% of canadian workers that work in crown corporations, banks, railway companies blah blah blah.

Question 6

key federal employment laws in Canada, and what areas do they cover

Answer 6

Canada Labour Code: Covers employment conditions, labour relations, and health & safety for federally regulated industries. Administered by the Canada Industrial Relations Board.

Canadian Human Rights Act: Prohibits discrimination and harassment; applies to federal institutions and businesses. Administered by the Canadian Human Rights Commission.

Genetic Non-Discrimination Act: Prevents discrimination based on genetic predispositions.

Privacy Laws:

PIPEDA: Applies to federally regulated companies.
Personal Information Privacy Acts: Provincial extensions. These laws govern how employee personal info (e.g., SIN) is collected, used, and disclosed with written consent required.

Question 7

key provincial laws in canada

Answer 7

Provincial Laws:

Cover employment standards (hours, overtime), health & safety, unions, and human rights. Each province has its own legislation.
Human Rights Legislation:

Based on the Canadian Charter of Rights and Freedoms (1982).

Ensures equal opportunity and prohibits discrimination based on race, gender, age, religion, disability, etc. Administered by human rights commissions/tribunals.

Human rights law is paramount, even over other employment laws.
Ex: Mandatory retirement is mostly illegal now; treating older workers fairly is essential.

Question 8

Discrimination

Answer 8

• the essence of human rights legislation is fed and prov and aims to prohibit discrimination

Question 9

systemic discrimination

Answer 9

• however, there are hidden employment barries referred to as SYSTEMIC BARRIERS
• exclusion of members of certain groups through the application of employment policies or practices based on criteria that are not job-related.
• ex. company recruits new emplpyees by posting vacancies within the company via word of mouth (generates similar candidates)

Question 10

BFOQ

Answer 10

• bona fide occupational job requirement
• these are job qualifications that may be discriminatory due to business or safety reasons
• EX. has been allowed to hire only women as guards in prisons for women

Question 11

intentional vs unintentional discrimination

Answer 11

Intentional discrimination: Clear and direct (e.g., only males over 5’9” can apply, or mandatory retirement at 60).

Unintentional discrimination: Neutral standards that disadvantage certain groups (e.g., a fixed time to run a distance for firefighters).

Question 12

meiorin case (SCC)

Answer 12

A female firefighter was terminated for failing a new fitness test despite 3 years of successful performance.

Court ruled the test was discriminatory as it didn’t account for gender differences in aerobic capacity.

Result: Employers must now show it is impossible to accommodate affected individuals without undue hardship.

This set a new standard for Bona Fide Occupational Requirements (BFOQs): must be reasonable, necessary, and inclusive of accommodation.

Question 13

duty to accomodate

Answer 13

a requirement for employers to adjust employment practices so that no employee is discriminated against on prohibited grounds

• when accommodation request is made, an employer needs to thoroughly investigate and consider methods can be accomodated witin the workplace.

Question 14

example of duty to accommodate

Answer 14

• it benefits all employees

like provision for childcare expenses when employees take company-sponsored courses not only removes a barrier that blocks many women but assists any employee with sole parenting responsibilities.

Question 15

Harassment

Answer 15

any conduct or comment that a reasonable person would consider objectionable or unwelcome

Question 16

example of harassment

Answer 16

Strong management involves reasonable direction; bullying involves harmful behavior.

Psychological harassment includes bullying, yelling, exclusion, derogatory comments, gossiping, and vandalism.

It’s taken seriously by employers and is now often included in health & safety legislation (e.g., Ontario, B.C.).

Harassment can be intentional or subtle, but false allegations can also lead to disciplinary action

Question 17

the steps of the CHRC

Answer 17

1. complaint received
2. screening and investigation
3. employer notified
4. medication/conciliation/settlement
5. tribunal hearing

enforced at both prov and fed level

Question 18

employment standards legislation in Canada

Answer 18

APPLIES TO ALL EMPLOYEES (unionized or not) sets minimum obligations of employers, covers hours of work, minimum wage, vacation pay, and public holidays.

Applies federally via the Canada Labour Code and at the provincial territorial levels. (standards can vary by province)

Question 19

employment standards and social policy

Answer 19

• they reflect government social views (ex. BC allows leave for childcare; federal laws offer 5 personal leave days. Holidays also vary by province

Question 20

Labour relations act, 1995

Answer 20

some jurisdictions such as Ontario apply primarily to workplaces in the private sector but also some public sector (municipality workers)

LABOUR RELATIONS applies to only unionized employees and to employers with unionized employees

Question 20

the trend of unionization in canada

Answer 20

unionization is declinning in Canada seen in agriculture; professional, scientific WTV

Question 21

how is labour relations administered

Answer 21

labour relations legislation is enforced through an agency called a labour relations board. They make decisions on a variety of complaints from unions or employers.

Question 22

responsibilities of Occupational Health and Safety legislation

Answer 22

Employers must ensure a safe and hazard-free workplace, comply with OHS laws, provide safety training, and report workplace injuries/diseases to the Workers’ Compensation Board.

Managers must ensure employees know workplace hazards and enforce safety rules.

Workers must comply with safety regulations, report hazards, and use protective gear.

Workers have the right to refuse unsafe work without fear of reprisal.
Most provinces require joint health & safety committees to promote cooperation between employees and management.

Question 23

employment equity

Answer 23

justice based on the concepts of ethics and fairness and a system of jurisprudence administered by courts and designed primarily to decrease the rigidity of common law.

Question 24

what is the law on employment equity

Answer 24

The Employment Equity Act requires that the federal gov, federal agencies, and crown corporations with 100 employees or more that are regulated under the Canada Labour Code and must implement equitable reports on their results (ex. Canada post)

Question 25

What is Employment Equity in Canada and who are the designated groups?

Answer 25

Employment Equity aims to identify and remove systemic barriers in employment for designated groups and involves special measures and reasonable accommodation. The 4 designated groups are: Women Visible minorities Indigenous Peoples People with disabilities It addresses issues like unemployment, pay inequities, and limited career opportunities. The legislation, rooted in human rights codes and the Canadian Charter of Rights and Freedoms, was introduced in the mid-1980s, but some issues persist.

Question 26

examples of employment practices

Answer 26

- word of mouth - job requirements - training and development - promotion and advancement - organizational environment

Question 27

benefits of employment equity

Answer 27

- larger talent pool - better service - diversity goals the EEA is administered by Employment and Social Development Canada, which tracks and reports progress through annual reports

Question 28

pay equity

Answer 28

- from the '78 amendment to CHRA, it is equal pay for work of equal value - federal pay equity law makes it illegal for federally regulated employers to discriminate against individuals on the basis of job content

Question 29

2 principles of pay equity

Answer 29

1) equal pay for equal work ex. men and women performing the same job and should be paid the same 2) equal pay for work that may be comparable in value to the organization ex. nurse and a teacher might have different jobs, but if their work contributes similarly to the organization or community (e.g., both require high skill levels and responsibility), their pay should be comparable.

Question 30

diversity

Answer 30

voluntarily having a more representative workforce; employment equity is not.

Question 31

inclusion

Answer 31

putting the concept of diversity into action - having a more inclusive environment leads to better organizational performance

Question 32

ethics

Answer 32

it is a system of moral values - the things that matter to us that motivate our behaviour. - ex. managers may adhere to orgs objective of hiring more designated groups but how the employees are supervised is an issue of managerial ethics

Question 33

code of ethics, and why is it important for organizations

Answer 33

code of ethics is a formal written statement of an organization's primary values, guiding behaviors and actions for managers and employees. It helps ensure ethical decision-making and fairness in employee and public relations. - many organizations have it publicized and provide ethics training - Government bodies also have ethics commissioners to prevent conflicts of interest.

Question 34

whistleblowing

Answer 34

reporting unethical behaviour outside the organization - people are unwilling to report unethical behaviour because of the fear of revenge from an individual that finds out

Question 35

whistleblowing guidelines and example

Answer 35

1. Be trustworthy 2. Maintain confidences 3. Be impartial and objective 4. Be fair 5. Avoid any real or potential conflict of interest Example: The Boeing 737 MAX crashes highlighted how organizational culture and pressure can lead to unethical practices.