Chapter 02 dessler 12-ce_ppt_ch02

563
-1

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
563
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
64
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Chapter 02 dessler 12-ce_ppt_ch02

  1. 1. Chapter 2: The Changing Legal Emphasis Compliance and Impact on Canadian Workplaces The Changing Legal Emphasis | 2-1 Copyright © 2014 Pearson Canada Inc. All rights reserved. Dessler, Chhinzer, Cole Human Resources Management in Canada Canadian Twelfth Edition
  2. 2. Learning Outcomes • DISCUSS at least five prohibited grounds for discrimination under human rights legislation, and DESCRIBE the requirements for reasonable accommodation. • DESCRIBE behaviour that could constitute harassment. The Changing Legal Emphasis | 2-2 Copyright © 2014 Pearson Canada Inc. All rights reserved. • EXPLAIN how employment-related issues are governed in Canada.
  3. 3. Learning Outcomes • DESCRIBE the roles of minimums established in employment standards legislation and the enforcement process. • DISCUSS HR’s role in ensuring compliance with employment legislation in Canada. The Changing Legal Emphasis | 2-3 Copyright © 2014 Pearson Canada Inc. All rights reserved. • EXPLAIN the employer’s responsibilities regarding harassment.
  4. 4. The Legal Framework for Employment In Canada Employee: Right to modify employee work terms for legitimate business needs Right to be protected from harmful business practices Government: Balance needs of employer and employee The Changing Legal Emphasis | 2-4 reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Employer:
  5. 5. Jurisdiction 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) The Changing Legal Emphasis | 2-5 Copyright © 2014 Pearson Canada Inc. All rights reserved. •
  6. 6. Canadian Legislation • Canadian Charter of Rights and Freedoms • basic rights for all Canadians • Human Rights Legislation • Employment Standards Legislation • minimum terms and conditions of employment • Ordinary Laws • content or context specific • Collective Bargaining Agreement • Employment contract The Changing Legal Emphasis | 2-6 Copyright © 2014 Pearson Canada Inc. All rights reserved. • protection from discrimination
  7. 7. The Canadian Charter of Rights and Freedoms Freedoms • freedom of conscience and religion • freedom of peaceful assembly • freedom of association Section 15 – Equality Rights • right to equal protection and benefit of the law without discrimination The Changing Legal Emphasis | 2-7 Copyright © 2014 Pearson Canada Inc. All rights reserved. • freedom of thought, belief, expression and opinion
  8. 8. Discrimination Defined Copyright © 2014 Pearson Canada Inc. All rights reserved. “… 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.” The Changing Legal Emphasis | 2-8
  9. 9. continued The Changing Legal Emphasis | 2-9 reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Prohibited Grounds of Discrimination
  10. 10. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Prohibited Grounds of Discrimination The Changing Legal Emphasis | 2-10
  11. 11. Types of Discrimination • direct • differential or unequal treatment • indirect (3rd party) • by association The Changing Legal Emphasis | 2-11 Unintentional Discrimination • constructive or systemic discrimination • embedded in policies with adverse impact on specific groups Copyright © 2014 Pearson Canada Inc. All rights reserved. Intentional Discrimination
  12. 12. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Unintentional Discrimination The Changing Legal Emphasis | 2-12
  13. 13. Bona Fide Occupational Requirement (BFOR) • justifiable reason for discrimination • e.g. vision standards for bus driver The Changing Legal Emphasis | 2-13 Copyright © 2014 Pearson Canada Inc. All rights reserved. • based on business necessity (safe and efficient operations)
  14. 14. 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 make accommodation impossible The Changing Legal Emphasis | 2-14 Copyright © 2014 Pearson Canada Inc. All rights reserved. Requirement for Reasonable Accommodation
  15. 15. Disability • differential treatment • enumerated ground (protected by legislation) • substantive sense (is burden imposed or benefit withheld?) • Accommodation • respect dignity • discrimination must be legally defensible • most appropriate accommodation should be undertaken The Changing Legal Emphasis | 2-15 Copyright © 2014 Pearson Canada Inc. All rights reserved. • Basis determined by courts
  16. 16. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Duty to Accommodate Disabilities The Changing Legal Emphasis | 2-16
  17. 17. Harassment Copyright © 2014 Pearson Canada Inc. All rights reserved. “Unwelcome behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome.” The Changing Legal Emphasis | 2-17
  18. 18. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Harassment The Changing Legal Emphasis | 2-18
  19. 19. Harassment • Employer Responsibility • protect employees from harassment Copyright © 2014 Pearson Canada Inc. All rights reserved. • includes harassment by clients or customers The Changing Legal Emphasis | 2-19
  20. 20. “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.” The Changing Legal Emphasis | 2-20 Copyright © 2014 Pearson Canada Inc. All rights reserved. Sexual Harassment
  21. 21. Sexual Harassment “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.” The Changing Legal Emphasis | 2-21 Copyright © 2014 Pearson Canada Inc. All rights reserved. Sexual Coercion
  22. 22. Harassment Policies To reduce liability, employers should: • establish sound harassment policies • enforce policies in a fair and consistent manner • take an active role in maintaining a working environment that is free of harassment The Changing Legal Emphasis | 2-22 Copyright © 2014 Pearson Canada Inc. All rights reserved. • communicate policies to all employees
  23. 23. Harassment Policies 1. a clear workplace anti-harassment policy statement 2. information for victims (definitions, examples) 3. employees’ rights and responsibilities 4. employers’ and managers’ responsibilities 5. anti-harassment policy procedures 6. penalties for retaliation against a complainant 7. guidelines for appeals 8. other options such as union grievance procedures and human rights complaints 9. how the policy will be monitored and adjusted The Changing Legal Emphasis | 2-23 Copyright © 2014 Pearson Canada Inc. All rights reserved. Effective harassment policies should include:
  24. 24. • 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 The Changing Legal Emphasis | 2-24 Copyright © 2014 Pearson Canada Inc. All rights reserved. Enforcement of Harassment
  25. 25. Discrimination - Other Human Rights Case Examples • race and colour • illegal in every jurisdiction • religion • sexual orientation • “common-law partners” includes same sex couples • age • mandatory retirement age eliminated in many jurisdictions • family status • increasing need to accommodate parental obligations The Changing Legal Emphasis | 2-25 Copyright © 2014 Pearson Canada Inc. All rights reserved. • accommodate with time to pray and allow religious clothing
  26. 26. Employment Equity Act • based on Charter of Rights and Freedoms • promotes equality, removes employment barriers • four designated groups: women, visible minorities, persons with disabilities, Aboriginal peoples The Changing Legal Emphasis | 2-26 Copyright © 2014 Pearson Canada Inc. All rights reserved. • applies to federally regulated employers only
  27. 27. The Plight of the Four Designated Groups • underrepresentation in certain fields • glass ceiling Aboriginals • concentration in low skill, low pay jobs The Changing Legal Emphasis | 2-27 People with Disabilities • underrepresentation in all areas • lower pay Visible Minorities • underemployed Copyright © 2014 Pearson Canada Inc. All rights reserved. Women
  28. 28. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved The Plight of the Four Designated Groups The Changing Legal Emphasis | 2-28
  29. 29. Employment Equity Program Implementation Steps Step 6: Monitoring, Evaluation, Revising Step 4: Plan Development Step 3: Employment Systems Review Step 2: Data Collection and Analysis Step 1: Senior Management Commitment and Support The Changing Legal Emphasis | 2-29 reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Step 5: Implementation
  30. 30. Employment Standards Act • federal and provincial/territorial versions • • • • • 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 The Changing Legal Emphasis | 2-30 Copyright © 2014 Pearson Canada Inc. All rights reserved. • establish minimum terms for:
  31. 31. Enforcement of Employment Standards Act • filed complaint is settled through the ministry, not civil court • limitation periods for filing • maximum claim limit for unpaid wages The Changing Legal Emphasis | 2-31 Copyright © 2014 Pearson Canada Inc. All rights reserved. • complaints filed with ministry of labour or counterpart
  32. 32. Respecting Employee Privacy Challenges • 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 The Changing Legal Emphasis | 2-32 Copyright © 2014 Pearson Canada Inc. All rights reserved. • Employer has right to prevent liability to the company
  33. 33. Internet and Email Usage Policy • electronic surveillance is permitted • policy should be updated regularly to stay current with technology The Changing Legal Emphasis | 2-33 Copyright © 2014 Pearson Canada Inc. All rights reserved. • employer should create written policy
  34. 34. continued The Changing Legal Emphasis | 2-34 reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Respecting Employee Privacy
  35. 35. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Respecting Employee Privacy The Changing Legal Emphasis | 2-35
  36. 36. Video Surveillance • used to prevent employee theft and • employees must be made aware • not advised if reasonable alternatives exist The Changing Legal Emphasis | 2-36 Copyright © 2014 Pearson Canada Inc. All rights reserved. vandalism
  37. 37. reserved. Copyright © 2014 Pearson Canada Inc. All rights reserved Respecting Employee Privacy The Changing Legal Emphasis | 2-37
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×