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Human Resources > operating within a legal framework > Flashcards

operating within a legal framework Flashcards

1
Q

2 sets of legislation in canada:

A

federal

provincial/territorial

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2
Q

What powers are managed by federal jurisdiction?

A

matters of national interest:

  • banks/money
  • defense
  • criminal law
  • mail (postal service)
  • transportation (ships, rail, air
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3
Q

What powers are managed by provincial jurisdiction?

A

matters of regional interest:

  • health
  • education
  • municipal institutions
  • civil law
  • private or local matters
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4
Q

What powers are shared by provincial and federal legislation?

A

agriculture

immigration

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5
Q

What workers fall under federal employment legislation?

A

workers in:

  • federal government
  • federal organizations (banks, ships, transport…)
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6
Q

What workers fall under provincial legislation?

A

organizations under provincial jurisdiction

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7
Q

T/F: most employees fall under federal jurisdiction

A

False; only 10%

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8
Q

What are the key FEDERAL employment laws? (4)

A
  1. canada labour code
  2. canadian human rights act
  3. personal info protection & electronics documents act (PIPEDA)
  4. Employment equity act
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9
Q

What federal law is concerned with human rights and pay equity?

A

canadian human right act

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10
Q

What fed. law covers labour relations, health and safety, and employment standards?

A

canada labour code

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11
Q

What does PIPEDA cover?

A

handling of personal info

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12
Q

What does the employment equity act cover?

A

equal access to employment, justice for all

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13
Q

T/F: provincial legislation is very different from federal legislation

A

false, fairly similar

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14
Q

What are the main provincial (QC) employment laws? (7)

A
  1. Quebec Charter of rights and freedoms
  2. labour code
  3. Act respecting labour standards
  4. Act respecting Occupational H & S
  5. Pay equity act
  6. Act respecting equal access to employment in public bodies
  7. act respecting protection of personal info
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15
Q

What QC provincial law concerns employment equity?

A

Act respecting equal access to employment in public bodies

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16
Q

What is the provincial equivalent of PIPEDA?

A

act respecting the protection of personal info

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17
Q

What is the provincial equivalent of the Canada labour code?

A

Labour code + act respecting labour standards + act respecting occ. H+S

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18
Q

___ ____ laws is paramount over other employment laws

A

Human rights

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19
Q

What federal and provincial laws relate to human rights? (3)

A

Canadian charter of rights and freedoms (F)
Canadian human rights act (F)
Quebec Charter of rights and freedoms

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20
Q

What is discrimination?

A

intentional or unintentional prejudiced treatment of people based on race, religion, gender, age, ethnicity, disability…

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21
Q

What is the exception when discrimination is allowed?

A

bona fide occupational qualification/requirement

22
Q

What is BFOQ/BFOR?

A

justifiable discrimination: certain qualifications required to perform the job, must have (ex: taxi driver cannot be blind)

23
Q

What is reasonable accomodation?

A

making adjustments to working conditions (hours, tools, methods) to prevent discrimination
employers must accomodate but within reason (without undue hardship)

24
Q

T/F: undue hardship has different meanings depending on the organization

A

yes; they have different resources (large vs small business)

25
Q

What is harassment? (definition)

A

improper conduct by individual that is directed at and KNOWINGLY offensive/harmful to other persons in workplace

26
Q

What does harassment comprise of?

A

any act/comment/display that demeans, belittles, cause humiliation or embarassment

intimidation or threat

27
Q

Describe the steps of enforcement of human rights legislation

A
  1. compliant
  2. early resolution/mediation
  3. formal complaint
  4. notification (contact employer)
  5. determination of reasonable cause or not (validity)
  6. investigation (gather reports, evidence, docs)
  7. resolution/reconciliation
  8. tribunal (final binding decision
28
Q

what is the goal of employment standards?

A

specify the minimum obligations of employers towards employees (work hrs, min wage, overtime pay, vacation pay, holidays, end of employment)

29
Q

T/F: the employment standards do not apply to ununionized employers

A

False; applies to ALL

30
Q

the enforcement of most standards is driven by ____

A

complaints

31
Q

Amendments were made for 2019 for quebec’s labour standards act, to include:

A

policies/processes concerning conduct that includes words/actions/gestures of sexual nature

32
Q

What does the goals of H&S legislation and worker’s compensation comprise of? (4)

A
  • describe standards for healthy and safe workplace
  • outline role and involvment of employers
  • duties of employees in H&S
  • monetary payment if injured on job
33
Q

Health and safety is the responsibility of:

A

the employer

34
Q

What do labour relations legislation govern?

A

processes/poirocedures between trade unions and employers

  • process by which union ets power (bargaining right)
  • collective bargaining procedures
35
Q

The employment equity legislation aims to be fair and unbiased for employment for 4 specific historically disadvantaged groups:

A

women
first nations
visible minorities
disabilities

36
Q

what are the means of action for employment equity legislation? (4)

A

develop plans to represent designated groups

  • identiry + remove barriers
  • timetable for achieving
  • implement reasonable accomodations and special measures
37
Q

What is systemic discrimination? give examples

A

patterns of behaviour embedded within organization - certain groups STILL disadvantaged (hidden employment barriers)

ex: inflated job requirements, recruiting only close friends

38
Q

What is the goal of pay equity legislation?

A

narrow wage gap between men and women

39
Q

principles of pay equity: (2)

A

equal pay for equal work

equal pay for work of equal VALUE

40
Q

T/F: diversity management is voluntary

A

True

41
Q

What is diversity managment

A

optimizing everyone’s background for success (treat people as individuals, link to business objectives)

42
Q

T/F: diversity management is the same as employment equity

A

False

43
Q

What is workplace diversity?

A

differences among employees (potential or actual)

44
Q

Benefits of diversity management: (6)

A

larger candidate pool in hiring

  • more creativity/innovation
  • better environment -> better attitudes and retention
  • savings in litigation
  • better performance/competitiveness/stock prices..
45
Q

What are the challenges of diversity?

A

similarly attraction phenomenon

ethnocentrism

stereotypes

46
Q

What is ethnocentrism?

A

belief that one’s culture is superior to other cultures

47
Q

What is similarity attraction phenomenon?

A

tendency to be more attracted to individuals similar to us (assume surface level is related to deep level)

48
Q

What are stereotypes?

A

generalizations about a group of people (based on ethnicity, gender, age, etc)

49
Q

Whose behaviour does stereotypes impact?

A

those who stereotype

targeted group (aware of stereotypes - stereotype threat)

50
Q

What steps are taken to manage diversity?

A

build culture that embraces diversity

  • make leaders accountable for diversity
  • diversity training programs
  • review HR practices
  • systematic (assess, set goals, monitor progress)
51
Q

What are organizational ethics?

A

set of standards or conduct and moral judgements -> determine right vs wrong behaviour at work

Human Resources (6 decks)

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