HRM 200 Human Resources Management: William Peckham

HRM 200
Human Resources Management

Winter 2019
William Peckham
HRM200_W2019_Chapter 2
Agenda
 Chapter 2 – The Changing Legal Emphasis
 Chapter 4 – Designing and Analyzing Jobs
 Chapter 3 – not covered in lectures, but will be tested.

Review on your own
HRM200_W2019_Chapter 2 Winter 2019

Chapter 2
Winter 2019
The Changing Legal Emphasis
HRM200_W2019_Chapter 2
The Legal Framework for Employment In Canada
Employer: Employee:
Right to modify Right to be protected
employee work terms from harmful business
for legitimate business practices
needs
Government:
Balance needs of
employer and
employee
Jurisdictions
 Federal laws
 federally regulated employers (federal civil service, Crown

corporations and agencies, transportation, banking and
communications)
 Provincial/territorial employment laws
 all other employers (90% of Canadian workers)

Hierarchy of Employment Legislation in Canada
 Canadian Charter of Rights and Freedoms
 basic rights for all Canadians
 Human Rights Legislation
 protection from discrimination
 Employment Standards Legislation
 minimum terms and conditions of employment
 Labour Relations Act (Collective Bargaining Agreement)
 Employment Contract

Tort Law
 primarily judge-based law
 precedent and jurisprudences set by one judge through his

or her assessment of a case
 establishes how similar cases will be interpreted

Legislation Protecting the General Population
 The Canadian Charter of Rights and Freedoms
 Everyone has the following fundamental freedoms:
 (a) freedom of conscience and religion;
 (b) freedom of thought, belief, opinion and expression, including

freedom of the press and other media of communication;
 (c) freedom of peaceful assembly; and
 (d) freedom of association.

Charter of Rights and Freedoms

 The Canadian Charter of Rights and Freedoms (cont’d)
 Section 15 – Equality Rights
 right to equal protection and benefit of the law without

discrimination

Discrimination Defined
“… a distinction, exclusion or preference based on

one of the prohibited grounds that has the effect of
nullifying or impairing the right of a person to full
and equal recognition and exercise of his or her
human rights and freedoms.”

 Human Rights Legislation
 jurisdiction specific legislation (ex. Ontario Human Rights Code)
 prohibits intentional and unintentional discrimination in

employment situations
 also in the delivery of goods and services.

Intentional Unintentional
Discrimination Discrimination
• direct • constructive or
systemic
• differential or unequal discrimination
treatment
• embedded in
• indirect (3rd party) policies with
adverse impact on
• by association
specific groups

 Reasonable Accommodation
 Requirement for Reasonable Accommodation
 adjustment of employment policies/practices so that no individual is

denied benefits or is disadvantaged
 based on prohibited grounds in human rights legislation
 e.g. work station redesign for wheelchair
 Undue Hardship
 financial costs or safety risks that make accommodation impossible


Bona Fide Occupational Requirement (BFOR)
 justifiable reason for discrimination
 based on business necessity (safe and efficient operations)
 e.g. vision standards for bus driver

Reasonable Accommodation

Reasonable Accommodation

Harassment
“Unwelcome behaviour that demeans,

humiliates or embarrasses a person and that
a reasonable person should have known
would be unwelcome.”


Sexual Harassment
“Offensive or humiliating behaviour that is related to a

person's sex, as well as behaviour of a sexual nature that
creates an intimidating, unwelcome, hostile, or offensive work
environment or that could reasonably be thought to put
sexual conditions on a person’s job or employment
opportunities.”

Sexual Coercion
 “Harassment of a sexual nature that results in some direct
consequence to the worker's employment status or some
gain in or loss of tangible job benefits.”
Sexual Annoyance
 “Sexually related conduct that is hostile, intimidating, or
offensive to the employee but has no direct link to tangible
job benefits or loss thereof.”


Harassment
• Employer Responsibility
• protect employees from harassment

• includes harassment by clients or customers

 Harassment Policies
 To reduce liability, employers should:
 establish sound harassment policies
 communicate policies to all employees
 enforce policies in a fair and consistent manner
 take an active role in maintaining a working environment that is free

of harassment

Effective harassment policies should include:
 a clear workplace anti-harassment policy statement
 information for victims (definitions, examples)
 employees’ rights and responsibilities
 employers’ and managers’ responsibilities
 anti-harassment policy procedures
 penalties for retaliation against a complainant
 guidelines for appeals
 other options such as union grievance procedures and human rights
complaints
 how the policy will be monitored and adjusted

Enforcement of Harassment
 responsibility lies with human rights commission in each
jurisdiction
 costs are borne by the commission
 human rights tribunal resolves conflict through mediation
 remedies:
 systemic
 restitutional

New Legislation
Bill 132, Sexual Violence and Harassment Action Plan Act
(Supporting Survivors and Challenging Sexual Violence
and Harassment) 2016
 Received Royal Assent March 8, 2016
 Response to Government’s “It’s Never Okay: An Action Plan to

Stop Sexual Violence and Harassment” announced in March 2015
 Amends Occupational Health & Safety Act (OHSA) to expand
definition of workplace harassment and imposes additional
obligations on employers
 Came into force Sept 8, 2016

Bill 132

Bill 132

Violence in the Workplace
(StatCan)
 2004 survey found:
 17% of self-reported incidents occurred in the workplace (356,000)
 Certain workers are more likely to be affected (33% worked in social

assistance or health care, 14% in accommodation or food services,
11% in education)
 66% of incidents were committed by someone known to the victim
(i.e. coworkers)

Violence in the Workplace (Angus Reid, 2014)

Sexual Harassment in Ontario

Legislation Specific to the Workplace
Employment Equity Act
 based on Charter of Rights and Freedoms
 applies to federally regulated employers only
 promotes equality, removes employment barriers

Women People with

• underrepresentation Disabilities
in certain fields • underrepresentation
• glass ceiling in all areas
• lower pay
Aboriginals
• concentration in low Visible Minorities
skill, low pay jobs • underemployed


Employment/Labour Standards Legislation
Employment Standards Act
 federal and provincial/territorial versions
 establish minimum terms for:
 wages, overtime pay
 paid holidays and vacations
 maternity/paternity leave
 bereavement/compassionate care leave
 termination notice
 employment contracts may exceed minimums

 principle of greater benefit applies


Bill 148, Fair Workplaces, Better Jobs Act, 2017
$11.60  $14.00 (2018)
Temp/Part-Time = FT
On-Call EEs receive 3 hours pay
3 wks vacation (6%) after 5 years
New formula (regular wages / days)
Lots of changes (personal

emergency, domestic violence, etc.).
Parental leave increased by 26 wks
totaling 61 wks or 63 wks (for those
who did not take pregnancy leave)

Enforcement of Employment Standards Act
 complaints filed with ministry of labour or counterpart
 filed complaint is settled through the ministry, not civil court
 limitation periods for filing
 maximum claim limit for unpaid wages – this has changed

Respecting Employee Privacy
Challenges
 Employer has right to prevent liability to the company
 eliminate time wasted on personal matters
 prevent abuse of company resources
 Employees have right to:
 control over information about themselves
 freedom from interference in their personal life

Internet and Email Usage Policy
 electronic surveillance is permitted
 employer should create written policy
 policy should be updated regularly to stay current with

technology

Video Surveillance
 used to prevent employee theft and vandalism
 employees must be made aware
 not advised if reasonable alternatives exist


HRM 200 Human Resources Management: William Peckham

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

HRM 200 Human Resources Management: William Peckham

Uploaded by

Copyright:

Available Formats

HRM 200

Human Resources Management

 Chapter 4 – Designing and Analyzing Jobs

 Chapter 3 – not covered in lectures, but will be tested.

HRM200_W2019_Chapter 2 Winter 2019

The Changing Legal Emphasis

 federally regulated employers (federal civil service, Crown

 Provincial/territorial employment laws

 all other employers (90% of Canadian workers)

HRM200_W2019_Chapter 2 Winter 2019

 basic rights for all Canadians

 Human Rights Legislation

 protection from discrimination

 Employment Standards Legislation

 minimum terms and conditions of employment

 Labour Relations Act (Collective Bargaining Agreement)

HRM200_W2019_Chapter 2 Winter 2019

 precedent and jurisprudences set by one judge through his

HRM200_W2019_Chapter 2 Winter 2019

 Everyone has the following fundamental freedoms:

 (a) freedom of conscience and religion;

 (b) freedom of thought, belief, opinion and expression, including

 (d) freedom of association.

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

 Section 15 – Equality Rights

 right to equal protection and benefit of the law without

HRM200_W2019_Chapter 2 Winter 2019

“… a distinction, exclusion or preference based on

HRM200_W2019_Chapter 2 Winter 2019

 jurisdiction specific legislation (ex. Ontario Human Rights Code)

 prohibits intentional and unintentional discrimination in

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

 Requirement for Reasonable Accommodation

 adjustment of employment policies/practices so that no individual is

 e.g. work station redesign for wheelchair

 financial costs or safety risks that make accommodation impossible

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

 based on business necessity (safe and efficient operations)

 e.g. vision standards for bus driver

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

“Unwelcome behaviour that demeans,

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

“Offensive or humiliating behaviour that is related to a

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

• protect employees from harassment

HRM200_W2019_Chapter 2 Winter 2019

 To reduce liability, employers should:

 establish sound harassment policies

 communicate policies to all employees

 enforce policies in a fair and consistent manner

 take an active role in maintaining a working environment that is free

HRM200_W2019_Chapter 2 Winter 2019

HRM200_W2019_Chapter 2 Winter 2019

 human rights tribunal resolves conflict through mediation

HRM200_W2019_Chapter 2 Winter 2019