UBC Phar400-Employee Hiring and Law 1.5.1 13Mar2015

UBC | Phar400 | Pharmacy Management
pharmacySOS.ca | Gerry Spitzner
March 13, 2015

 Overview of Canadian & BC Employment Law
and Labour Law that govern interviewing,
hiring and employment in the workplace.
 Disclaimer: These items are intended for general informational purposes
only and should not be construed or relied upon as legal advice. The legal
issues addressed in these items are subject to changes in the applicable
law. You should always seek competent legal advice concerning any
specific issues affecting you or your business.
2pharmacySOS.ca | Gerry Spitzner

One of the biggest issues facing Canadian Businesses
today is Employment Law and Labour Law disputes.

 The Most Common Areas of Dispute are…
◦ Employment Contracts—interpretation and enforceability of
terms, conditions and clauses.
◦ Employment Dismissals / Terminations—wrongful,
constructive and for cause.
◦ Notice for Terminated Employees—disputes over severance
packages and terms of dismissal.
◦ Workplace Issues—harassment, violence, privacy, electronic
media use, disability, medical leaves and absenteeism.

 Thoughtstarter/important insight
 Employment Law Essentials
◦ Laws that govern the employee selection process
 The Selection Process
◦ Job Analysis, Job Descriptions, Recruiting, Screening and
Employment Interviews

Management decisions, processes
and communications for dealing
with potential employees are
critical to ensure that the Pharmacy
gets and keeps the right staff.
pharmacySOS.ca | Gerry Spitzner 6

 Hiring staff and managing human resources is 10%
law and 90% process – the fairness and consistency
of your methods will determine your results.
 Manage things; lead people.
 Manage things like the law; lead people through
the process with fairness and consistent
application using communication skills.
 Leadership, Communication and Systems are the key to fairness and consistency.
 Delegating is not a substitute for leadership.
 It’s your people skills that determine the success
of your career

Definitions and common areas of
dispute.

 Employment law in Canada and BC generally refers
to the law governing the relationship of an individual
employee to an employer.
◦ Complex collection of statute laws dealing with wrongful
dismissal, minimum labour standards, human rights,
occupational health & safety (OH&S) and workers'
compensation.

 Labour law in BC is defined as the law of unionized
collective bargaining relationships.
◦ The relationship between the employer, the employee and a
third party, normally the government and/or trade unions.

Labour relations--governs the
relationship between a trade union
and an employer.

 The BC Labour Relations Board is...
◦ An independent, administrative tribunal with the mandate to
mediate and adjudicate employment and labour relations
matters related to unionized workplaces.
◦ The role of the union is to be the voice of employees,
particularly during collective bargaining.
◦ As a result, not all organizations are covered by this
legislation--only those that have unionized employees.
◦ frequently referred to as the acronym “LRB”

 Primarily concerned with collective bargaining and
labour management relations in BC.
◦ Guarantees the right of every employee to join a union.
◦ The union acquires the right to bargain with the employer on
behalf of the employees it represents known as the
bargaining unit.
◦ Provides the means for union to be legally recognized as the
exclusive bargaining agent for those employees.
◦ The code also has a process to “de-certify” if employees no
longer want a union representing them.

 Collective bargaining produces a collective agreement which is a
legal document outlining the terms and conditions of employment.
 The labour contract sets down the relationship between the employer
and the employees and among the employees themselves.
 Employees are hired separately and individually, but the tenure and
terms of employment of the employee are regulated by the CBA.
 At the minimum the Employment Standards Act is automatically
included in every union agreement; whether or not the language is
included in the collective agreement contract.
 The resolution of contract disputes is through a grievance procedure.

Currently four key mechanisms in
Canada to protect human rights:
1. The Canadian Charter of Rights
and Freedoms,
2. The Canadian Human Rights Act,
3. Human Rights Commissions, and
4. Provincial human rights laws
and legislation.

 Human rights laws operate in two jurisdictions: the
federal and the provincial
◦ Canadian Human Rights Act is administered and enforced by the
Canadian Human Rights Commission and Tribunal.
◦ British Columbia Human Rights Code is administered by the BC
Human Rights Tribunal.
◦ Both pieces of legislation are similar in the protections they provide
◦ Neither the federal nor provincial legislation trumps or supercedes
the other. Rather, the appropriate legislation is determined
according to which level of government regulates a specific area.

 A statute originally passed by the Parliament of Canada in 1977, the
act falls under the jurisdiction of the Federal Justice Department.
 Comparable to Charter of Rights and Freedoms. The protections
afforded to us in human rights law flow from the Charter.
 With the goal of extending the law to ensure equal opportunity to
individuals based on a set prohibited grounds such as gender, race
disability, sexual orientation or religion
 Applied throughout Canada, but only to federally regulated
activities. ie Fed Govt Dept’s, Crown Corporations, private companies
such as airlines, banks, telephone, radio and TV stations
 Each province and territory has its own anti-discrimination law that
applies to activities that are not federally regulated

 The BC Human Rights Code, applies to employers,
service providers and all provincially regulated
businesses and agencies.
 Although the word “Code” is used in BC vs “Act” in the
federal law; it is law in BC. It is not a guideline.
 Prohibits discrimination in employment
advertisements, wages, employment standards, and
discrimination by unions and associations.
 If another statute, conflicts with it, the BC Human
Rights Code takes priority. That’s how much weight it
has as legislation.

 Recruitment and selection
◦ Interviewing, reference checking
◦ Job postings
◦ The interview
◦ Making the offer
◦ Criminal reference checks
◦ Social Media
The general rule is: Ask only what is needed to make
a hiring decision based on merit.

ESA is legislation enacted by the
provincial government to protect the
rights of workingpeople.

 The Employment Standards Act sets out the minimum
standards that apply in most workplaces in BC.
 Scope of this Act
◦ Applies to all employees other than those excluded by
regulation. None of the exclusions are general retail or
Pharmacy industry related.
◦ Covers rights in areas such as hours of work and overtime pay,
minimum wage pay, vacation time and vacation pay, public
holidays, coffee and meal breaks, pregnancy leave and parental
leave, personal emergency leave, family medical leave,
termination notice and termination pay or severance pay.

 Sections within the act outline the employers responsibility to their
employees;
 to ensure that employees in British Columbia receive at least basic
standards of compensation and conditions of employment;
 to promote the fair treatment of employees and employers;
 to encourage open communication between employers and
employees;
 to provide fair and efficient procedures for resolving disputes over
the application and interpretation of this Act;
 to foster the development of a productive and efficient labour force
that can contribute fully to the prosperity of British Columbia;
 to contribute in assisting employees to meet work and family
responsibilities.

Any private sector employer who
collects, uses or discloses personal
information about employees or job
applicants has to comply with
British Columbia’s Personal
Information Protection Act (“PIPA”).

 Federal government brought the Personal Information Protection
and Electronic Documents Act (PIPEDA) into force in January /04.
 BC chose to introduce its own legislation, namely PIPA, which
regulates the collection, use and disclosure of personal
information by private organizations.
 To comply with the Act, every organization in BC must have
appointed a person to oversee their personal information policy.
 Provincial employment standards mandate the collection and
retention of some specific employee information, particularly with
respect to payroll, employee files and resumes used for
interviewing and recruiting.

 What PIPA obligations apply to personal information
collected during the hiring process?
◦ Make it secure.
◦ Keep a résumé for a year if you use it to make a decision.
◦ Make sure your staff knows your policy about accepting résumés.
 I’m not hiring. What do I do about unsolicited résumés?
◦ Dispose of them carefully. Unless you might use them. Retain them
for at least a year if you think you might use them.
 How do I handle reference checks?
◦ Assume the job applicant’s consent for contact with listed references.

Job Analysis is a process to
identify and determine in detail
the particular job duties and
requirements and the relative
importance of these duties for a
given job.

 Job Analysis should collect information on the followingareas:
 Duties and Mental/Physical Tasks--frequency, duration, effort, skill,
complexity, judging, planning, standards, cleaning and lifting etc.
 Environment–dealing with the public, standing, unpleasant conditions
such as offensive odors, fumes i.e. compounding lab,
 Tools and Equipment--duties and tasks that are performed using
specific equipment and tools. Tools may include computer. Equipment
may include protective clothing/eyewear used in compounding lab.
 Relationships--Supervision given and received. Relationships with
internal or external people. Ie Pharmacy staff or other HCP’s
 Requirements—qualifications, training, knowledge,skills, and
abilities, personality traits required to perform the job.

The most important step in
Recruiting, Screening and
Interviewing

 Use clear, concise language
 Use non-discriminatory language
 Describe only duties, skills and knowledge required
 Describe the position as it exists today
 Avoid technical terms, acronyms or abbreviations
 Education, certification, specific training or
experience should not be stated as requirements of
the position unless they are required by law or a
relevant licensing body.

Once you understand the nature of
the position, the question that
follows is how to fill the position.

 Job Title: be clear in what you are looking for
 Application Deadline: creates a sense of urgency
 Job Description: describe the desired results of work
 Required Education: include minimum specifications
 Job Start Date
 Compensation / Salary (optional)
 How to apply: Email, Website, Telephone, or Mail
 Additional Information / other instructions

The process of screening
candidates takes time and effort.
The objective is to make a big pile of
candidates, a little pile. There are no
real shortcuts.
There are however some techniques
and pointers that make the process
go quicker and reveal the better
candidates faster.

 1. Resume Review
◦ Format—The resume should have a format that will allow you to
quickly understand what they have done and what they can do.
◦ Style--writing style. Can the person communicate in short
sentences? Is grammar and attention to detail evident?
◦ Keyword Scan--Get your keywords and equivalents for the position
and scan for them in the resumes you receive.
◦ Consistent Dates--means you need to look at the time line of the
jobs listed.
◦ Patterns & Inconsistencies--job hopping, decline in responsibility,
drastic career change, lots of relocation in short period
 2. Phone Screen--gauge verbal communication skills
 3. Other Considerations—supporting documents, cover letters

The point of an employment
interview is for the prospective
employee and his or her potential
employer to learn about one another
and to determine whether or not
they can work together successfully

 Interview notes
 Planning and preparation are the first steps
 Job relevance is the key factor
 How to deal with information that is volunteered
 Consistency equals fairness
 Keep the focus on what the job requires
 Legal and illegal inquiries – See Appendix 1 attached

 Ask all candidates the same questions.
 Wording of questions should be open-ended.
 Questions should be as neutral as possible.
 Questions should be worded clearly.
 Be careful asking "why" questions.
 Do not ask leading questions
 Only ask questions that will give you information directly
related to the position you are trying to fill.
 Look for 3 things; can do the job, will do the job and will fit?

 Employee Hiring is 10% law and 90% process.
 Got questions? Get answers? Email me…

 Follow Twitter: @passion4retail
 Connect LinkedIn: Gerry Spitzner
 Web: pharmacySOS.ca
 Blog: gerryspitzner.com
 Email: gerry@pharmacySOS.ca
 Online Biz Card: gerryspitzner.tel
 You Tube Channel: Gerry Spitzner

 Gerry Spitzner is an optimist with a curiosity for improving life and business results.
Optimism is the ability to focus on where we're going; not where we're coming from and
Gerry is passionate about making the public aware of the great things Pharmacists do. He
believes in a bright future and our ability to build it together.
 Drawing on 40+ years in regional multi-site retail Pharmacy operations and drug store
ownership with SDM, plus business development with K&F in the Pharmaceutical wholesale
supply-chain; Gerry has the unique advantage of having worked in several different
business models within the retail Pharmacy industry.
 Fascinated with a lifelong curiosity for why customers buy, trends and a passion for retail he
is dedicated to sharing his thinking with strategies to create, engage and keep great
customers by delivering the promise of an extraordinary customer experience that increases
sales and profit.
 pharmacySOS.ca is a Vancouver, BC based business management consultancy providing
Strategic Operations Services focused on drug stores and Pharmacies. Specializing in
consumer trends and strategic business development for independent and banner
pharmacies helping Pharmacists to market their patient care services beyond dispensing.

Legal and Illegal Inquiries
Interview questions do’s and don’ts

 Following are some of the key areas covered by fair
hiring laws… interview questions do’s and don’ts.
 Affiliations:
◦ Do not ask about clubs, social organizations, or union
membership; do ask about relevant professional associations.
 Age:
◦ Do not ask a candidate's age other than, "if hired," can a
candidate produce proof that he or she is 19 years of age.
 Alcohol or Drug Use:
◦ The only allowable question relating to current or past drug or
alcohol use is, "Do you currently use illegal drugs?"

 Criminal Record:
◦ Do not ask if a candidate has been arrested; you may ask if the
candidate has ever been convicted of a crime.
 Culture/Natural Origin:
◦ You may ask if the individual can, "upon hire," provide proof of
legal right to work in Canada. You may ask about language
fluency if it is relevant to job performance.
 Colour/Race:
◦ No race-related questions are legal.

 Disability:
◦ You may ask if candidates can perform essential job functions, with
or without reasonable accommodation; and you may ask them to
demonstrate how they would perform a job-related function. You
may ask about prior attendance records. And you may require
candidates to undergo a medical exam after an offer of employment
has been made.
◦ For example, let's say you are interviewing a wheelchair-bound
candidate for an account manager position for LTC nursing homes,
and you have determined that an essential function of the job is to
visit client sites. It's perfectly legal to ask how the candidate would
perform this essential function:
◦ "This job will require you to be out of the office, meeting with clients
several days per week. Can you tell me how you would get around?"
◦ It is NOT ok to say to this same candidate, "How long have you been
disabled?"

 Marital/Family Status:
◦ Questions about marital status and family issues are
discouraged except as they relate to job performance, as in
the child care example.
◦ For example, while you cannot ask a candidate if he or she has
children or has adequate child care, you can ask about ability
to perform the job…
◦ "This job requires you to travel overnight about 2 days per
week and to attend out-of-town conferences. Does this travel
schedule prevent a problem for you?”

 Personal:
◦ Avoid questions related to appearance, home ownership, and
personal financial situation.
 Religion:
◦ If Saturday or Sunday is a required work day, you may ask
candidates if they will have a problem working on those days.
 Sex:
◦ You may ask if a candidate has ever worked under another
name. Be sure not to make gender-related assumptions about
job capabilities.

 How to ask a personality question…
◦ "What do you like to do for fun?“or request specific examples
of how the person once resolved a messy workplace scenario.
 How an interviewee should respond to a particularly
nosy or irrelevant question with a firm but respectful
answer.
◦ "I'm not sure”, or “I don't think that question is appropriate.”
◦ “Can you tell me what it is that you're looking to learn from
that question? And maybe I can provide you with a useful
answer."

This Act applies to all employers,
and all workers in British Columbia
except employers or workers
exempted by order of the Board.

 Workplace policies and practices must comply with
applicable Occupational Health and Safety (OHS) laws
and regulations.
 And with Workers' Compensation laws and regulations,
which deal with compensation for accidents and
disease.
 Employees have a right to refuse to work without fear of
reprisal if they believe it is unsafe for themselves or
someone else.
◦ The refusal must be reported to the employer or supervisor who
MUST investigate the matter.

 Work Safe BC
◦ Statutory agency created by an act of the provincial
legislature.
◦ Dedicated to promoting workplace health and safety for the
workers and employers of BC.
◦ Consult with and educate employers and workers and monitor
compliance with the OHS Regulation.
◦ Assessments are a % of employers payroll and are based on
classification. The employer pays. Includes all work places
whether union or not.

 Occupational Health and Safety (OHS)
◦ The OHS Regulation contains legal requirements that must be
met by all workplaces under the inspection jurisdiction of
WorkSafeBC.
◦ Many sections of the Regulation have associated guidelines
and policies aimed at preventing injury and disease and
promoting good health.
◦ Applies to all organizations and recent changes have placed
more responsibility on employees for the creation and
maintenance of a healthy and safe work environment.

 Consider this list of OHS for Pharmacy...
◦ immunization, safe sharps disposal, returned medication disposal,
compounding labs, hazardous materials, robbery prevention,
ladders, step stools, box cutters, deliveries, lifting, repetitive
motion, anti-fatigue flooring, height of the counter, lighting, air
conditioning, air quality, dust, ventilation, first aid, repairs and
maintenance of broken drawers, flooring, counter tops, staff
washrooms, staff room, safe closing procedure at night, computer-
related eye strain.

UBC Phar400-Employee Hiring and Law 1.5.1 13Mar2015

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UBC Phar400-Employee Hiring and Law 1.5.1 13Mar2015