UBC Phar400-employment law-19oct2012


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UBC Phar400-employment law-19oct2012

  1. 1. retailSOS.ca | Gerry Spitzner October 19, 2012
  2. 2. Email megerry@retailsos.ca
  3. 3. One of the biggest issues facing Canadian Businesses today is...
  4. 4.  The Most Common Areas of Dispute ◦ 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. retailSOS.ca | Gerry Spitzner 4
  5. 5.  Overview of the main BC Employment and Labour Laws that govern 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. retailSOS.ca | Gerry Spitzner 5
  6. 6.  What’s the difference? ◦ EMPLOYMENT LAW in Canada generally refers to the law governing the relationship of an individual employee to an employer, ◦ as distinguished from LABOUR LAW, the law of unionized COLLECTIVE BARGAINING relationships. ◦ Employment law is concerned mainly with wrongful dismissal, and a complex mass of statute law dealing with minimum labour standards, human rights, occupational health & safety and workers compensation. retailSOS.ca | Gerry Spitzner 6
  7. 7.  Thoughtstarters Human Rights Act and BC Human Rights Code Employment Standards Act Labour Relations Workers Compensation Act Personal Information Protection Act (PIPA) retailSOS.ca | Gerry Spitzner 7
  8. 8. Managing The HR ProcessHuman resourcesmanagement (HRM) is aprocess that can beeffectively and productivelymanaged. retailSOS.ca | Gerry Spitzner 8
  9. 9.  People Are An Investment in The Business ◦ Human resources (HR) are a substantial investment for most companies. ◦ Employees are your internal customers. ◦ People are your most important resource. ◦ HRM is an on-going process that constantly needs attention. ◦ Potential legal liability if HRM is not fair and consistent. ◦ Create a positive workplace retailSOS.ca | Gerry Spitzner 9
  10. 10.  Managing human resources is 10% law and 90% process – the fairness and consistency of your methods will determine your results Leadership, Communication and Systems are the key to fairness and consistency retailSOS.ca | Gerry Spitzner 10
  11. 11.  “The most important thing in communication is hearing what isnt said” - Peter Drucker, management ‘guru’ The 3 Elements of Direct Face to Face Communication ◦ Words only account for 7% of any message ◦ Emphasis and Tone accounts for 38%. ◦ Body Language accounts for 55%. retailSOS.ca | Gerry Spitzner 11
  12. 12.  “You dont manage people; you manage things. You lead people.” – Grace Hopper ◦ Manage things including processes, tasks, jobs, numbers and information; lead people and teams. ◦ People are primarily emotionally driven; appeal to both the heart and the head. ◦ The quality of your employees work experience has a direct impact on the quality of your customers experience. retailSOS.ca | Gerry Spitzner 12
  13. 13.  Do positive employee relations and practices affect customer experience? ◦ Obtaining a new customer costs 5 times more than retaining a loyal customer, and replacing an employee will cost 100% or more of that employee’s annual wages. ◦ Over 68% of customers leave a business relationship due to attitude and indifference. ◦ Consider the cost to acquire a customer and the potential Life Time Value ( L T V ) each one represents. ◦ Consider the cost of replacing & training a new employee. retailSOS.ca | Gerry Spitzner 13
  14. 14. There are currently four keymechanisms in Canada to protecthuman rights:1. the Canadian Charter of Rights and Freedoms,2. the Canadian Human Rights Act,3. Human Rights Commissions, and4. provincial human rights laws and legislation. retailSOS.ca | Gerry Spitzner 14
  15. 15.  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. retailSOS.ca | Gerry Spitzner 15
  16. 16.  A statute originally passed by the Parliament of Canada in 1977 ◦ goal of extending the law to ensure equal opportunity to individuals ◦ based on a set prohibited grounds such as gender, disability, or religion ◦ applied throughout Canada, but only to federally regulated activities. (ie Fed Govt Dept’s, Crown Corps, 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 retailSOS.ca | Gerry Spitzner 16
  17. 17.  Most significant impact on HRM comes from human rights legislation. Human rights law entitles every Canadian to equal opportunity to employment and the right to work each day free of discrimination and harassment. Specifically, the act falls under the jurisdiction of the Federal Justice Department. Comparable to Charter of Rights and Freedoms. retailSOS.ca | Gerry Spitzner 17
  18. 18.  Examples of areas regulated by the federal government and governed by the Canadian Human Rights Act would include employment and services of: ◦ the federal government and all its ministries; ◦ all arms of the federal government such as the R.C.M.P. the Employment Insurance Commission or Canada Post; ◦ telecommunications, which are regulated by the CRTC, all inter- provincial transportation such as Air Canada and Via Rail; ◦ chartered banks, but not credit unions; and ◦ all unions attached to any of the above. retailSOS.ca | Gerry Spitzner 18
  19. 19.  Prohibits discrimination in employment advertisements, wages, employment standards, and discrimination by unions and associations. If another statute, such as the Workers Compensation Act, conflicts with it, the BC Human Rights Code takes priority. retailSOS.ca | Gerry Spitzner 19
  20. 20.  Discrimination and Harassment ◦ Discrimination and harassment is defined by it’s effect, not the intention, ◦ does not have to be intentional to be illegal under the Code. ◦ It is the employers responsibility to maintain working conditions free of discrimination and harassment, regardless of whether the employer is the cause of the discrimination or not. retailSOS.ca | Gerry Spitzner 20
  21. 21.  Workplace & Sexual Harassment ◦ Serious issue in todays workplaces and can be quite costly for organizations. ◦ Ensuring a clear policy to address concerns and steps to try to resolve issues is a firm step to creating and maintaining a healthy workplace and avoiding legal turmoil. ◦ Employers are responsible for protecting their employees. retailSOS.ca | Gerry Spitzner 21
  22. 22.  Prohibited Grounds of Discrimination ◦ race, colour, ancestry, place of origin ◦ political belief, religion ◦ marital status, family status ◦ physical or mental disability ◦ sex, sexual orientation ◦ age ◦ conviction for a criminal or summary conviction offence that is unrelated to the job in question retailSOS.ca | Gerry Spitzner 22
  23. 23.  Recruitment and selection ◦ Interviewing, reference checking ◦ Job postings ◦ The interview ◦ Making the offer ◦ Reference checks (calls from other employers) ◦ Social Media retailSOS.ca | Gerry Spitzner 23
  24. 24.  The BC Human Rights Code, applies to employers, service providers and all provincially regulated businesses and agencies. Examples of provincially regulated areas include: ◦ all provincial, local & municipal government departments, services/policies; ◦ schools and universities; ◦ hospitals and medical clinics; ◦ all private businesses & services such as stores, restaurants, movie theatres; ◦ credit unions; ◦ non-profit organizations and some of the services they provide; ◦ rental accommodations including hotels and rental property; and ◦ the purchase of either residential or commercial property. retailSOS.ca | Gerry Spitzner 24
  25. 25. ESA is legislation enacted bythe provincial government toprotect the rights of workingpeople. retailSOS.ca | Gerry Spitzner 25
  26. 26.  If you are an employer in B.C., for most occupations the applicable legislation is the British Columbia Employment Standards Act. The ESA--refers to the basic or minimum employment conditions in any organization. retailSOS.ca | Gerry Spitzner 26
  27. 27.  The purposes of this Act ◦ Sections within the act outline the employers responsibility to their employees, ◦ Notably things such as minimum wage, meal breaks, dispute resolution and parental leave. ◦ The act also works to protect residents of the province by preventing employment discrimination. retailSOS.ca | Gerry Spitzner 27
  28. 28.  Scope of this Act ◦ Applies to all employees other than those excluded by regulation. ◦ If a collective agreement contains no provision respecting a matter, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms. retailSOS.ca | Gerry Spitzner 28
  29. 29.  Wages and benefits Pay administration and payroll records Paydays How wages are paid Payroll records Deductions Assignments retailSOS.ca | Gerry Spitzner 29
  30. 30. Labour relations--governs therelationship between a tradeunion and an employer. retailSOS.ca | Gerry Spitzner 30
  31. 31.  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. retailSOS.ca | Gerry Spitzner 31
  32. 32.  The Labour Relations Code is primarily concerned with collective bargaining and labour management relations in BC. The Labour Relations Code governs all aspects of collective bargaining amongst the provincially-regulated employers and employees. retailSOS.ca | Gerry Spitzner 32
  33. 33.  Collective Bargaining Agreements ◦ Collective bargaining produces a collective agreement which is a legal document outlining the terms and conditions of employment. ◦ Frequently referred to by the acronym of CBA. ◦ The labour contract sets down the relationship between the employer and the employees and among the employees themselves. ◦ The resolution of contract disputes is through a grievance procedure. retailSOS.ca | Gerry Spitzner 33
  34. 34. This Act applies to allemployers, and all workers inBritish Columbia exceptemployers or workers exemptedby order of the Board. retailSOS.ca | Gerry Spitzner 34
  35. 35.  Workplace policies and practices must comply with applicable Occupational Health and Safety laws and regulations. And with Workers Compensation laws and regulations, which deal with compensation for accidents and disease. retailSOS.ca | Gerry Spitzner 35
  36. 36.  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. ◦ 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. retailSOS.ca | Gerry Spitzner 36
  37. 37.  OHS policy needs to be specific and deal with any unique workplace issues. Here is a sample list of issues: ◦ Smoking and scents ◦ Workplace violence ◦ Working alone ◦ Blood borne pathogens ◦ Substance abuse retailSOS.ca | Gerry Spitzner 37
  38. 38.  Consider this list for Pharmacy... ◦ immunization, safe sharps disposal, returned medication disposal, compounding labs, hazardous materials, robbery prevention, ladders, box cutters, deliveries, lifting, repetitive motion, anti-fatigue flooring, height of the counter, lighting, air conditioning, air quality, ventilation, first aid, repairs and maintenance of broken drawers, flooring, counter tops, staff washrooms, staff room. retailSOS.ca | Gerry Spitzner 38
  39. 39.  Health and Safety Committee ◦ An employer must establish and maintain a joint health and safety committee. ◦ (a) in each workplace where 20 or more workers of the employer are regularly employed, and ◦ (b) in any other workplace for which a joint committee is required by order. retailSOS.ca | Gerry Spitzner 39
  40. 40.  Work Safe BC ◦ 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 Occupational Health and Safety Regulation. ◦ Assessments are a % of payroll and are based on classification. retailSOS.ca | Gerry Spitzner 40
  41. 41. The Office of the Information andPrivacy Commissioner (OIPC) isindependent from government andmonitors and enforces BritishColumbias Freedom of Informationand Protection of Privacy Act(FIPPA) and Personal InformationProtection Act (PIPA). retailSOS.ca | Gerry Spitzner 41
  42. 42.  The 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 the Personal Information Protection Act (PIPA), Which regulates the collection, use and disclosure of personal information by private organizations. retailSOS.ca | Gerry Spitzner 42
  43. 43.  Legal requirements ◦ To be in compliance with the Act, every organization in B.C. 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. retailSOS.ca | Gerry Spitzner 43
  44. 44.  Employee files and confidentiality ◦ ESA requires employers to keep certain employment records Security of personnel files ◦ Set up secure location to store employee records Employee access Company website ◦ Privacy policy retailSOS.ca | Gerry Spitzner 44
  45. 45.  Defined Employment Law and Labour Law HRM is 10% Law/90% process; fairness & consistency Communication is key leadership characteristic Manage things; lead people Four key areas of law as it applies to BC Human rights, Employments Standards Act, Labour Code and Workers Compensation Act How Personal Info Protection Act applies to employees retailSOS.ca | Gerry Spitzner 45
  46. 46.  Follow Twitter: @passion4retail Connect LinkedIn: Gerry Spitzner Web: retailSOS.ca Blog: gerryspitzner.com Email: gerry@retailsos.ca Online Biz Card: gerryspitzner.tel Online Biz Card: retailSOS.tel retailSOS.ca | Gerry Spitzner 46
  47. 47.  retailSOS.ca is a Vancouver-based retail consultancy guiding Pharmacy owners to create, engage and retain great customers which results in increased sales and profit. Gerry Spitzner works as a management consultant supporting community Pharmacy owners to achieve results by aligning their vision and implementing marketing strategy with operational execution. Drawing on 35+ years experience in drug store multi-site retail operations, Pharmacy ownership and Pharmaceutical wholesale supply-chain; Gerry brings the leadership, knowledge and market awareness of ownership and business development to Pharmacy owners to achieve growth objectives. retailSOS.ca | Gerry Spitzner 47