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HRM 2440 > Week 3 > Flashcards

Week 3 Flashcards

1
Q

Ethics and Legal (Diagram)

A

Individual Circles with some overlap

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2
Q

Legal but Unethical examples (2-3)

A

Death penalty, embezzlement, sweatshop

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3
Q

Ethical but illegal examples (2)

A

poor/homeless child stealing bread, warning friend who is about to get fired

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4
Q

Legal Framework for Employment Law in Canada
Employees have right to modify…..
government role is to….
Employees have right to be protected…..

A
  • Employers have right to modify work terms
  • government role is to balance employee and employer needs through legislation
  • Employees have right to be protected from harmful business practices
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5
Q

Hierarchy of Employment Legislation in Canada -
Government role and jurisdiction conflict influence

A

Government sets legislation and rules
interpretation by jurisdiction can influence workers

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6
Q

Do previous interpretations of law impact future law interpretations

A

yes

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7
Q

Precedent

A

decision/interpretation of a court of another jurisdiction acts as an authority regarding how legislation is to be interpreted and applied

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8
Q

Stare Decisis

A

To stand by things desired

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9
Q

Stare Decisis
- relation to precedent
- principle of law deduced from judicial decision will be..
- courts lower in applicable hierarchy
- what is not binding or bound

A
  • doctrine
  • considers in determination of future similar law
  • bound to follow decision of higher courts
  • precedents of court at same level or by court itself
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10
Q

Tort Laws and what is victim provided

A
  • Determine who is at fault of crime or incident by taking individuals and case to court
  • In civil case, victim is provided compensation for losses or damages
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11
Q

Intentional Torts

A

intentional harm caused by for example assault, murder, trespass

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12
Q

unintentional torts

A

negligence and carelessness events/actions that cause harm etc speeding or distracted driving

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13
Q

Employee in canada and status determined by

A

non standard or contingent worker, status determined by nature of working relationship

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14
Q

The Canadian Charter of Rights and Freedoms 4 components

A

Exceptions, Fundamental Rights and freedoms, equality rights, additional provisions

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15
Q

Exceptions:
Demonstrable:
“Notwithstanding” Provision:

A
  • justification as reasonable limits in a free democratic society
  • allows legislation to be exempted from challenging under charter
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16
Q

Fundamental rights and freedoms (3)

A
  • conscious/conscience and religion
  • thought, belief, expression and opinion
  • peaceful assembly and association
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17
Q

Equality Rights (2)

A
  • human rights legislation
  • equal protection and benefit of law without discrimination
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18
Q

Additional Provisions (4)

A
  • heritage, minority, living, and criminal rights
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19
Q

Human Rights Legislation

A

prohibits intentional and unintentional discrimination in employment situations, delivery of g/s

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20
Q

Superseeds

A

terms of any employment contract or collective agreement

21
Q

Jurisdiction specific

A

legislation rules and interpretation

22
Q

Discrimination

A

distinction, exclusion or preference based on prohibited grounds towards person and not following human rights and freedoms

23
Q

Intentional Discrimination

A

direct or indirect
differential or unequal in terms of employee based on any of the prohibited grounds
denial of rights due to association with protected group member

24
Q

unintentional discrimination

A
  • difficult to detect
  • embedded in policies and practices that appear natural
25
Q

EDI

A

Equity, Diversity and Inclusion

26
Q

Equity

A

guarantee of fair treatment and advancement for all people, while striving to identify and eliminate barriers that prevent full participation of marginalized groups

27
Q

Diversity - most important

A

all the way people differ, characteristics, values, views, experiences, culture and identity

28
Q

Inclusion

A

any individual or group can feel welcomed, respected, supported and valued to participate in all opportunities offered by society

29
Q

why care about diversity (3)

A

organizational effectiveness
globalization
positive relationship between functional diversity and team performance

30
Q

Workplace Diversity

A

variation in race, gender, ethnicity, origin and religion

31
Q

BFOR

A

Bona Fide Occupational Requirement

32
Q

Bona Fide Occupational Requirement and example

A

Justifiable reason for discrimination as there are requirement specifications that are defended

etc religious priests, guards, pastors etc

33
Q

Criteria for assessing BFOR (3)

A

Legitimate work-related purpose
requirement is necessary for the role
causing undue hardship on employer

34
Q

Duty to accommodate (2)

A
  • provide equal access to employment by removal of physical, attitudinal and systemic barriers
  • accommodate point of undue hardship
35
Q

undue hardship

A

action requiring significant difficulty or expense

36
Q

BFOR Question of Rationale

A

did employer adopt standard for a purpose that was rationally connected to job performance

37
Q

BFOR Question of good faith

A

did decision maker of organization honestly believe requirement was necessary to fulfill requirement of role

38
Q

BFOR Question of reasonable necessity.. and impossibility was it.. (2)

A

necessary to accomplishment of work-related purpose
impossible to accommodate those who have been discriminated against without imposing undue hardship on employee

39
Q

Harassment

A

behaviour that demeans, humiliates or embarrasses a person that a reasonable person should have known would be unwelcome

40
Q

Employer responsibility in workplace with harassment (3)

A
  • provide safe and healthy work environment, including protection
  • aware of conflict, harassment as could be charged with alleged harasser
  • establish, communicate and enforce policies
41
Q

Sexual Harassment

A

offensive or humiliating behaviour that is related to person’s sex as well as as behaviour of sexual nature that creates offensive and hostile work environment

42
Q

Sexual Coercion

A

results in some direct consequence to workers employment status or some gain in or loss of tangible benefits

43
Q

Sexual Annoyance

A

conduct that is hostile, intimidating, or offensive to employee but as no direct link to tangible job benefit or loss

44
Q

Human Rights Enforcement Team (3)

A
  • provide speedy and accessible process to help parties
  • employer has duty to investigate claims of discrimination
  • systemic or restitution remedy/treatment
45
Q

Employment Equity Program

A

identify and correct existing discrimination, redress past discrimination, and achieve balance representation of members of the four designate groups

46
Q

Four designated groups and trends

A

Women: underrepresentation in fields, pay, benefits
Disabilities: underrepresentation in all areas, lower pay,
Indigenous: underrepresentation in high skill or pay jobs
Visible Minorities: underemployed

47
Q

Employment Labour Standards Legislation (2)

A
  • present in every jurisdiction
  • establish minimum rules for pay, vacation, leave, compensation and termination notice
48
Q

Challenges with Employment Labour Standards Legislation (2)
Liability and informtion

A
  • Employer has right to prevent liability to company etc resources and personal time
  • Employers have right to control information they share and separate personal life
49
Q

Respecting Employee Privacy (3)

A

Employee Awareness
clear written policies
alternative methods

HRM 2440 (9 decks)

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