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UBC Phar400-employment-law 8Feb2013
The document summarizes key Canadian employment and labor laws, including the main areas they govern. It discusses the Canadian Human Rights Act, Employment Standards Act, labor relations law, Workers Compensation Act, and Personal Information Protection Act. It notes that these laws establish minimum employment conditions and protect employees from discrimination. The document is intended to provide a general overview of the legal issues around human resources management in British Columbia.
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UBC Phar400-employment-law 8Feb2013
- 1. retailSOS.ca | GerrySpitzner February 8, 2013
- 2. One of thebiggest issues facing Canadian Businesses today is...
- 3. The MostCommon Areas of Dispute are… ◦ Employment Contracts—interpretationand 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. 3retailSOS.ca | Gerry Spitzner
- 4. Overview ofthe 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. 4retailSOS.ca | Gerry Spitzner
- 5. What‘s thedifference? ◦ 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 (OHS) and workers' compensation. 5retailSOS.ca | Gerry Spitzner
- 6. Thoughtstarters HumanRights Act and BC Human Rights Code Employment Standards Act Labour Relations Workers Compensation Act Personal Information Protection Act (PIPA) 6retailSOS.ca | Gerry Spitzner
- 7. Managing The HRProcess Human resources management (HRM) is a process that can be effectively and productively managed. 7retailSOS.ca | Gerry Spitzner
- 8. Managing humanresources 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. 8retailSOS.ca | Gerry Spitzner
- 9. People AreAn Investment in The Business ◦ Human resources are a substantial investment for 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 9retailSOS.ca | Gerry Spitzner
- 10. ―The mostimportant thing in communication is hearing what isn't 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%. 10retailSOS.ca | Gerry Spitzner
- 11. ―You don'tmanage 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 employee's work experience has a direct impact on the quality of your customer's experience. 11retailSOS.ca | Gerry Spitzner
- 12. Do positiveemployee 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. 12retailSOS.ca | Gerry Spitzner
- 13. There are currentlyfour 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. 13retailSOS.ca | Gerry Spitzner
- 14. Human rightslaws 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. 14retailSOS.ca | Gerry Spitzner
- 15. A statuteoriginally 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, race disability, sexual orientation 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 15retailSOS.ca | Gerry Spitzner
- 16. Most significantimpact 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. 16retailSOS.ca | Gerry Spitzner
- 17. Examples ofareas 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. 17retailSOS.ca | Gerry Spitzner
- 18. Prohibits discriminationin employment advertisements, wages, employment standards, and discrimination by unions and associations. If another statute, such as the Worker's Compensation Act, conflicts with it, the BC Human Rights Code takes priority. 18retailSOS.ca | Gerry Spitzner
- 19. Discrimination andHarassment ◦ 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 employer's responsibility to maintain working conditions free of discrimination and harassment, ◦ regardless of whether the employer is the cause of the discriminationor not. 19retailSOS.ca | Gerry Spitzner
- 20. Workplace &Sexual Harassment ◦ Serious issue in today's 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. ◦ Employers must investigate and deal with any harassment allegation. 20retailSOS.ca | Gerry Spitzner
- 21. Prohibited Groundsof 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 21retailSOS.ca | Gerry Spitzner
- 22. Recruitment andselection ◦ Interviewing, reference checking ◦ Job postings ◦ The interview ◦ Makingthe offer ◦ Reference checks (calls from other employers) ◦ Social Media 22retailSOS.ca | Gerry Spitzner
- 23. The BCHuman RightsCode, 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. 23retailSOS.ca | Gerry Spitzner
- 24. ESA is legislationenacted by the provincial government to protect the rights of working people. 24retailSOS.ca | Gerry Spitzner
- 25. The EmploymentStandards Act sets out the minimum standards that apply in most workplaces in British Columbia. The Employment Standards Branch of the Ministry of Labour administers the Act. The ESA--refers to the basic or minimum employment conditions in any organization. 25retailSOS.ca | Gerry Spitzner
- 26. The purposesof this Act ◦ Sections within the act outline the employers responsibilityto 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. 26retailSOS.ca | Gerry Spitzner
- 27. Scope ofthis Act ◦ Applies to all employees other than those excluded by regulation. None of them are retail. ◦ If a collective agreement contains no provision respecting a matter, the specified provision of this Act is deemed to be incorporated in the collectiveagreement as part of its terms. 27retailSOS.ca | Gerry Spitzner
- 28. Wages andbenefits Pay administration and payroll records Paydays How wages are paid Payroll records Deductions Assignments 28retailSOS.ca | Gerry Spitzner
- 29. Labour relations--governs the relationshipbetween a trade union and an employer. 29retailSOS.ca | Gerry Spitzner
- 30. The BCLabour Relations Board is... ◦ An independent, administrativetribunal 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. 30retailSOS.ca | Gerry Spitzner
- 31. Primarily concernedwith collective bargaining and labour management relations in BC. Governs all aspects of collective bargaining amongst the provincially-regulated employers and employees. Guarantees the right of every employee to join a union. Provides the means for union to be legally recognized as the exclusive bargaining agent for those employees. 31retailSOS.ca | Gerry Spitzner
- 32. Collective BargainingAgreements ◦ 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. 32retailSOS.ca | Gerry Spitzner
- 33. This Act appliesto all employers, and all workers in British Columbia except employers or workers exempted by order of the Board. 33retailSOS.ca | Gerry Spitzner
- 34. Workplace policiesand 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. Employees have a right to refuse to work without fear of reprisal if they believe it is unsafe for themselves or someone else. 34retailSOS.ca | Gerry Spitzner
- 35. Occupational Healthand 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. 35retailSOS.ca | Gerry Spitzner
- 36. OHS policyneeds 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 36retailSOS.ca | Gerry Spitzner
- 37. Consider thislist 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, ventilation, first aid, repairs and maintenance of broken drawers, flooring, counter tops, staff washrooms, staff room. 37retailSOS.ca | Gerry Spitzner
- 38. Health andSafety 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. 38retailSOS.ca | Gerry Spitzner
- 39. Work SafeBC ◦ 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 employers payroll and are based on classification. The employer pays. 39retailSOS.ca | Gerry Spitzner
- 40. The Office ofthe Information and Privacy Commissioner (OIPC) is independent from government and monitors and enforces British Columbia's Freedom of Information and Protection of Privacy Act (FIPPA) and Personal Information Protection Act (PIPA). 40retailSOS.ca | Gerry Spitzner
- 41. The federalgovernment 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. 41retailSOS.ca | Gerry Spitzner
- 42. 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. 42retailSOS.ca | Gerry Spitzner
- 43. Employee filesand 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 43retailSOS.ca | Gerry Spitzner
- 44. Defined EmploymentLaw 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 44retailSOS.ca | Gerry Spitzner
- 45. Want acopy of this presentation with my speaker notes? Email me ◦gerryspitzner@gmail.com retailSOS.ca | Gerry Spitzner 45
- 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 46retailSOS.ca | Gerry Spitzner
- 47. Gerry Spitzneris an optimist with a natural "kid-like“ curiosity for improving life and business results. He believes in a bright future and our ability to build it together. Gerry is passionate about making the public aware of the great things Pharmacists do. Drawing on 35+ years experience in multi-site retail Pharmacy operations, drug store ownership and the Pharmaceutical wholesale supply-chain; Gerry brings the leadership, knowledge and market awareness of business development to retail Pharmacy owners helping them achieve growth objectives. He teaches and inspires Pharmacists to achieve results by aligning their vision with marketing strategy and operational execution. Fascinated with a lifelong curiosity for why customers buy and a passion for retail Pharmacy; Gerry guides leaders and organizations to create, engage and keep great customers by delivering the promise of an extraordinary customer experience. He has devoted his life to sharing his thinking with other Pharmacy leaders to manage market analysis and build business plans that increase profitability and create competitive advantage with systems to implement. His company is retailSOS.ca, a Vancouver-based business management consultancy with a suite of outsourced business services to support Pharmacy owners starting, buying or strategically realigning their practice. With a clear understanding of the business of Pharmacy he uses a solution oriented focus with ideas and alternatives that clients can use to address the changing practice issues they face right now. Gerry understands who they are, what they need, and where to find it, helping them market and strategically realign their professional clinical services to integrate the business activities of optimal drug therapy outcomes through patient centered care. retailSOS.ca | Gerry Spitzner 47
Editor's Notes
- #2 Finding, hiring, training, motivating, coaching, disciplining, and developing employees is one of the highest priorities in any business. The quality and effectiveness of the organization is determined by the quality of the people that are employed. Success for most organizations depends on finding the employees with the skills to successfully perform the tasks required to attain the company’s strategic goals. Management decisions and processes for dealing with employees are critical to ensure that the organization gets and keeps the right staff.In order to get the most out of staff, human resource management integrates all processes, programs, and systems in an organization.And of course, the organization is impacted by its environment. By paying careful attention to these facts, an organization can recruit competent, high-performing employees who are capable of sustaining their performance over the long term.
- #3 One of the biggest issues facing Canadian business today is...Employment Law and Labour disputes.
- #4 Disputes in the workplace are among the most difficult matters for businesses to resolve.Staff turmoil and disputes can “kill” a business from the inside out; sometimes painfully slow.And it has a huge influence on the quality of the customer experience.Consider the human cost of staff turmoil (which is impossible to put a $$$ figure against) and the legal costs of disputes.
- #5 It is important to note that Canadian employment laws are not universal. And Employment legislation in the US is different than in Canada; where the laws in the U.S. are more centralized and whereas the employment laws in Canada are decentralized to the provincial level.All employees in Canada are covered by the Canadian employment and labour laws, some by provincial laws and the rest by the federal Canada Labour Code. Further complicating compliance, employers with operations in multiple provinces must comply with the laws of each province in which they do business, and certain industries are subject to federal labour law.
- #6 For the purpose of definition it is important to distinguish the difference between these two terms.
- #7 Work is a big part of life, and everyone should know their rights about being paid fairly for the work they do and the importance of working safely on the job.Since the mid-1960s, federal and provincial legislation has greatly influenced human resource management.As a result, employers must ensure that managers and supervisors, as well as employees, understand the company’s and their obligations under the laws. For example, decisions as to who will be hired must be done without regard to race, gender, religion, etc.As you head out into the working world;You face a learning curve, so your information sources must be reliable.Today, I want to share with you those information sources.The four primary areas of employment laws will be discussed in more detail. Plus how PIPA applies to employees.First a few thoughtstarters…
- #8 Management was once defined as “getting things done through people.” Today’s best managers see their work instead as “getting things done by developing people.” However, supporting staff development while juggling the operations of a small or medium-sized business can be a challenge. In the workplace, whether an employee or manager; and whether in a unionized or non-unionized workplace; a large part of your day will be influenced by HRM.
- #9 Today we are going to focus on the 10%...Leadership, Communication and Systems are the key to fairness and consistencyThe best way to create a positive workplace and combat workplace negativity is to keep it from occurring in the first place. Make opportunities available for people to express their opinion about workplace policies and procedures. Treat people as adults with fairness and consistency. Develop and publicize workplace policies and procedures that organize work effectively. Apply them consistently.Do not create “rules” for all employees, when just a few people are violating the norms. Help people feel like members of the in-crowd; each person wants to have the same information as quickly as everyone else. Provide the context for decisions, and communicate effectively and constantly. Afford people the opportunity to grow and develop. Training, perceived opportunities for promotions, lateral moves for development, and cross-training are visible signs of an organization’s commitment to staff.Provide appropriate leadership and a strategic framework, including mission, vision, values, and goals. People want to feel as if they are part of something bigger than themselves.Provide appropriate rewards and recognition so people feel their contribution is valued. The power of appropriate rewards and recognition for a positive workplace is remarkable.
- #10 Poor HRM = a significant potential liability for any business in human and financial terms.HRM not only can be a strategic tool, it can also help establish an organization’s sustainable competitive advantage. Retaining good workers has become even more important as it is projected that there will be a shortage of nearly a million workers in Canada in the future.Achieving competitive success through people requires a fundamental change in how managers think about their employees and how they view the work relationship. It involves seeing employees as “partners” not just as costs to be minimized or avoided.
- #11 Effective communication is a learned skill. Communicating effectively with others will do more to make you successful than any other skill that you can develop.Three Elements of Direct Face to Face Communication. For effective communication all three parts of the message must work together and be consistent with each other.Words only account for 7 % of any message. Tone accounts for 38%. Emphasis and tone have the power to completely change the message that is being communicated. Often, when you say something to a person and they become offended. They tell you that it was your tone of voice that was the issue.Body language accounts for 55%. The most important part of good communication is clarity. Ask or say something clearly and then wait calmly and patiently for a complete answer. Ask questions to uncover real needs and concerns. Seek first to understand, then be understood.
- #12 Leadership is about motivation and getting employees to want to follow you.The difference between management and leadership in the traditional sense is that the higher you climb the corporate ladder, the less time spent on management activities and more time is spent on leadership responsibilities. Being good at your job is not enough anymore; you need to be good with people.Besides having the requisite knowledge, skills, and abilities to perform on the job, new hires must be socialized to the organization’s culture (orientation) and trained to do the job (training). Orientation is a process whose major objectives are to reduce the anxiety level that all new employees feel; to familiarize them with the job, the work unit, and the organization; and to embed organizational values, beliefs, and accepted behaviours.Successful orientation maximizes new hire on-the-job success and minimizes turnover. Talk to the head; but SPEAK to the heart
- #13 How employees act with customers and each other will directly affect every company’s bottom-line.It’s all about the customer experience. That is what customers remember and tell others about and why they will come back. They’ll vote with their feet if they experience a negative feeling like grumpy staff. Especially at the Pharmacy...where in order to keep great customers they need to feel great about doing business there.Consider these costs to a business...(slide) Give me five minutes shopping in a store and I can usually tell you how the staff feels about working there.It is important for managers to help their employees achieve the results expected. This is done through managing the performance of the employees the manager is responsible for. In managing performance, the manager identifies and communicates the expected performance standards and then evaluates or measures the performance against the standard. Developing employees to deliver the promise of a great customer experience.
- #14 The Canadian Charter of Rights and Freedoms is a binding legal document that protects the basic human rights of all Canadians.It works in conjunction with other bodies of law, such as the Canadian Human Rights Act, and is the foundation of human rights in Canada.The Federal Government and every Canadian province have legislation dealing with human rights, as well as human rights commissions to administer that legislation. They work together to ensure that the rights of every Canadian are protected and that all people are treated with equality and respect. Human rights commissions investigate complaints regarding human rights violations, provide legal channels to hear the complaints, and attempt to find solutions to human rights problems.Each province has its own human rights law, usually called a Code in BC, that covers other types of organizations not included under federal legislation. Like...Schools, retail stores, restaurants, and most factories are covered by provincial human rights laws, and as are provincial governments themselves.
- #15 In Canada, our domestic human rights laws operate in two jurisdictions: the federal and the provincial. At the federal level, the Canadian Human Rights Act and at the provincial level, the British Columbia Human Rights Code . Both pieces of legislation are similar although slight variations do exist. Neither the federal nor the provincial legislation trumps or supersedes the other.The appropriate legislation is determined according to which level of government regulates a specific area.
- #16 The most important human rights legislation at the federal level is the Canadian Human Rights Act.Human Rights law protects individuals and groups from discrimination and harassment in many areas of employment.
- #17 First and most important thing that is managed when it comes to Human Resource Management.The Act is comparable to the Charter but it is legislation; while the Charter is entrenched in the Constitution. Discrimination; Employers cannot refuse to hire workers because of their race, religion, ethnic origin, skin colour, sex, age, marital status, disability or sexual orientation. However, employers or other workers may sometimes discriminate or make racist or offensive comments. This is called harassment and is against the law.If you believe you have experienced discrimination or harassment, talk to your employer to try to resolve the matter. If that is not possible or does not work, speak to your union, your provincial or territorial human rights commission, or the Canadian Human Rights Commission.
- #18 Summary of the Federal System
- #19 BC Human Rights Code...applies to Community Pharmacy and Hospital Pharmacy in BC.Job postings, interview questions, checking references and making job offers all need to be done in a way that meets legal requirements. In some cases, you could be asking unlawful or even discriminatory questions without even knowing it. Many of the mentioned items require some basic knowledge of the BC Human Rights Code.If another statute, such as the Worker's Compensation Act, conflicts with it, the BC HR Code takes priority.Trumps everything else in BC.
- #20 Effect not intention;Means that even if the person responsible for an action or comment didn’t “mean it”.Examples; Holding a required staff meeting at a time when religious services prevent some people from attending.A long standing policy to test new employees that is applied to new immigrants.An older building that isn’t built for disabled persons.
- #21 Harassment should be addressed by every employer and understood by each employee.Workplace/Sexual harassment is illegal whether it happens in after-hour meetings to discuss work issues, business trips, office parties or lunch meetings.Definition of Harassment; a) Can be visual, verbal, physical and sexual b) May involve threats, intimidation, unwelcome remarks, offensive or derogatory jokes, posters, crude comments, leering etc.c) Is something a reasonable person would find unwelcomed) May be one incident or a series of incidents e) Adversely affects an employee's productivity and can create an uncomfortable work environment Consult Human Rights Legislation for more specific information on employment-related discrimination and harassment.
- #22 Prohibited grounds of discrimination under human rights includes obesity, alcoholism and drugs.Re: the conviction point i.e. DUI conviction; that would likely be unrelated to the job in question unless it had a requirement to use a company vehicle to deliver medication to a nursing home.A gray area for some Pharmacies might be; “simple possession” which could be related to a Pharmacy job.On the other hand a conviction for trafficking or possession of prescription drugs would in my view be related to a Pharmacy job.
- #23 When starting the recruiting process, it is important to be aware of certain legal issues in order to minimize risk. Reference checks occur when a potential employer contacts previous employers to verify information that the applicant has provided. It is important to ask good questions in order to get the information necessary to make a good hiring decision.Job postings: You must not publish job postings or advertisements that give preference to: The Prohibited GroundsThe interview; Need to ensure the interview process is not intentionally or unintentionally asking questions on prohibited grounds. It is important to describe the job and requirements in a way that gives all applicants a chance to apply. For example, if a position requires regular overtime and has an irregular schedule,do not ask: “Do you have children?” as you would be assuming a person with children could not work longer hours. To ensure the candidate can work the schedule you need, you should ask: “This job requires regular overtime and has an irregular schedule, can you meet this requirement?” If a job requires heavy lifting,do not ask: “Do you have a bad back or any medical issues?” as you might be discriminating against a candidate with a disability. To ensure the candidate can meet the physical requirements for the role, you should ask: “This job requires periods of heavy lifting for most of the day. Are you able to do this?”Making the offer; In all steps of the recruiting process, remember the prohibited grounds and make sure all questions are asked in a way that gives all applicants a fair chance to respond based on your job needs. Minimize the risk and chance that you might be charged with discriminatory hiring practices. Checking references. Important: you cannot ask questions that you would not ask during the interview. For example, just as you cannot ask a candidate about a disability in the interview process, you cannot then ask their former employer, “How many sick days did they take last year?” However, you can ask if they were reliable and punctual. Social Media. Many unanswered questions about whether or not social media can be used in reference checking; still emerging; Especially after the riots. So what are employers doing? They are checking online before they even call people for interviews.
- #24 Summary of human rights in BC...Hospital and Community Pharmacy falls under this code.
- #25 Timing Note; should be at least halfway by now. What are employment standards? Employment standards are the minimum standards established by law that define and guarantee rights in the workplace. Each province and territory has its own legislation.Most workers in Canada (about 90 percent) are protected by the employment laws of their province or territory. The remainder are in jobs covered by federal laws.IE: Which statute applies to determine minimum requirements for notice or severance?If you are an employer in B.C., for most occupations the applicable legislation is the British Columbia Employment Standards Act. If, however, you are a federally regulated employer, such as a bank, airport, railway, shipping and trucking company, the Canada Labour Code applies.
- #26 What employment rights are protected by employment standards legislation?Employment standards legislation 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.Do all workers have the same employment rights?No. Some categories of workers may be subject to a variation in the employment standard or excluded from one or more of the laws. For example, farm workers may be paid a piece rate instead of a minimum wage, and in most provinces they are not eligible for overtime or public holiday pay. Other categories of workers that could have different employment rights include commercial fishers, oil field workers, loggers, home care givers, professionals, managers and some categories of salespersons.
- #27 The purposes of this Act are:(a) to ensure that employees in British Columbia receive at least basic standards of compensation and conditions of employment;(b) to promote the fair treatment of employees and employers;(c) to encourage open communication between employers and employees;(d) to provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act;(e) to foster the development of a productive and efficient labour force that can contribute fully to the prosperity of British Columbia;(f) to contribute in assisting employees to meet work and family responsibilities.This is why it’s so important for employers to have an employeehandbook and employment contracts.Employees get this when they are hired and ask to sign off on a form saying they’ve received it and agree to the terms of employment.Goes in the employee file.
- #28 This Act applies to all employees other than those excluded by regulation. None of them are retail.If a collective agreement (or union contract) contains no provision respecting a matter set out in a provision, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms. Means that at the minimum employment standards are automatically included in a union agreement; whether or not it is included in the collective agreement contract.Also means that if there is no provision mentioned in a CBA; then the ESA is in force. For example; dispute resolution.
- #29 Wages and benefits; To employees, payday is an important event, and it’s something you MUST get right – every time. Pay administration; The ESA sets out obligations with respect to paying employees and maintaining payroll records. Paydays ; The ESA requires that employees be paid their wages at least twice a month, and within eight days of the end of a pay period. How wages are paid; Wages can be paid in a number of different ways, including by cash, cheque, draft or money order. Wages can also be paid through direct deposit into an employee's bank account, but only when this method is authorized by the employee or in a collective agreement.Payroll records; Employers must keep payroll records for all employees during their employment and for a period of two years after the employment terminates. Includes managers or salaried employees. Deductions; Except as required or permitted by law, it is a violation for an employer to directly or indirectly withhold or deduct any part of an employee’s wages for any purpose. Deductions that would violate the act may include deductions to cover shortfalls due to theft, employee damage to property or inventory, cash handling mistakes by employees, or any other circumstance in which an employee has caused loss to an employer.Assignments: An assignment is really just a form of formal permission, given by an employee to the employer, to deduct a certain amount from his or her wages. An assignment serves as an exception to the rule that prohibits employers from directly or indirectly withholding or deducting any part of an employee’s wages. Assignments arise most typically in two circumstances. Ie Family Maintenance Enforcement Act. Union dues.
- #30 Labour relations refers to the relationship that exists between an organization and a union. It has evolved over time and is governed by legislation.The role of the union is to be the voice of employees, particularly during collective bargaining. Collective bargaining produces a collective agreement which is a legal document outlining the terms and conditions of employment.If an employee or union feels that the company is violating the collective agreement, a grievance may be initiated.The employer and the union meet to attempt to settle the grievance.If they are not able to come to an agreement then application to the LRB is made for a mechanism to settle.
- #31 BC Labour Relations Board is also frequently referred to as the “LRB” Only unionized employees…for example; The BCGEU representing Hospital Pharmacists would fall under this.And some drugstores are unionized; SDM’s, Rexall, and grocery.
- #32 The union acquires the right to bargain with the employer on behalf of the employees it represents (the bargaining unit).Called “certification” and carries certain rights and obligations. The union has the duty to represent all of the employees in the bargaining unit, whether or not those employees are members of the union.The Code provides various types of assistance to the parties to resolve both mid-contract and collective bargaining disputes.Notably grievance procedures, mediation and arbitration. The LRB sets up and conducts the mediation and arbitration.
- #33 Provisions governing wages, hours, overtime, discipline, promotions and transfers, training, health and safety, medical and health insurance, pensions, vacations and holidays, work assignments, seniority and the like.Is not a contract of employment; employees are hired separately and individually, but the tenure and terms are regulated by the CBA. So, employee handbooks and contracts are still necessary at the point of hiring.The resolution of contract disputes is through a grievance procedure. Or by a private alternative dispute resolution mechanism, mediation or arbitration, usually the latter.
- #34 There are a few exemptions; none apply to retail community Pharmacy or Hospital Pharmacy.Workplace Health and SafetyAll workers in Canada have the right to work in a safe and healthy environment. The purpose of workplace health and safety legislation is to protect workers against health and safety hazards in the workplace. Each province and territory, as well as the federal government, has its own legislation.
- #35 Legislation provides guidelines on specific rights, procedures, and penalties for non- complianceThis legislation also provides a monetary payment if a person is injured on the job.And law and regulations for compensation for injured workers.The right to refuse unsafe work; One of a worker’s basic rights is the right to refuse work that they believe presents a danger to themselves or another worker. The refusal must be reported to the employer or supervisor who investigates the matter.Getting hurt at work; All provinces and territories provide for workers compensation benefits that are paid if a worker becomes sick or is injured on the job. If a worker has an accident at work, the supervisor must be notified right away. A health-care professional (e.g. a physician) should be contacted and a claim filed with the workers compensation board.
- #36 Everyone must commitment to a safe and healthy workplace. Both employers and employees have an obligation to follow health and safety legislation.OHS…Practices and behaviour aimed at preventing injury and disease and promoting good health. Framework for dealing with health and safety issues to help organizations comply with legal requirements.There is a growing concern for safety on the job because no organization is immune from workplace violence. Companies want to prevent violence from occurring. But because the circumstances of each incident are different, a specific plan of action for companies is difficult to detail. However, several suggestions can be made. First, the organization must develop a plan to deal with the issue. Furthermore, organizations must train managers to identify troubled employees before the problem results in violence. Organizations should also implement stronger security measures. For example, in community Pharmacy; a Robbery prevention policy should be in effect. And an action plan to follow if a robbery does occur.
- #37 Smoking and scents; OHS may include support for smoke cessation programs. The increasing prevalence of sensitivities to fragrances and allergies may trigger a need for a scent free policy.Workplace violence: Some workplaces and work situations are at higher risk than others. Ie for Pharmacy; Robbery prevention and/or Hostage situations. Ie recent Pharmacy robberiesDealing with difficult or hostile customers. The Canadian Centre for Occupational Health and Safety (CCOHS) website covers workplace violence in detail.Working alone: No jurisdiction prohibits working alone. Some jurisdictions have specific legislated guidelines on working alone - for example, working at a worksite where assistance in case of emergency or illness is not readily available. However, there is a responsibility for the employer to have a “check-in” process.Blood borne pathogens. This policy usually addresses precautions to be taken to ensure protection from the spread of blood borne pathogens such as HIV. Substance abuse can impair work performance and increase absenteeism and the likelihood of accidents.The website for the Canadian Centre for Substance Abuse has current information on pre-employment testing, employer and employee rights and the application of human rights legislation.
- #38 Consider this list of stuff in our sector for starters...Employers and employees share responsibilities for making sure work environments are healthy and safe. Encourage everyone in your workplace to be accountable for health and safety.
- #39 Health and Safety committee; must hold regular meetings with minutes.Less than 20 workers is a less formal requirement for meetings and minutes. But doesn’t mean exempt.An employer cannot unilaterally assign Health & Safety hours or duties to whomever they choose on the committee. Must be decided by the workers themselves.Here are some key elements to cover in an OHS policy:Individual responsibilitiesWorkplace rules and procedures Employee orientation and trainingWorkplace inspections (preventive action)Reporting and investigating accidents and health and safety incidents Emergency procedures, medical and first aidHealth and safety committee (required in most provinces and territories in workplaces with a specified minimum number of employees)
- #40 In the event of work-related injuries or diseases, WorkSafeBC works with the affected parties to provide return-to-work rehabilitation, compensation, health care benefits, and a range of other services.The 2012 basic rate for retail Pharmacy is $0.72/$100.00 of payroll to a maximum wage per worker of $73,700/yearIncludes all work places whether union or not. New rates have been announced for 2013.Reporting Injuries to WorkSafeBC; Owners and employers must immediately report accidents that resulted in death or the risk of death. They must report work related injuries and diseases within three days. Written report with witnesses.
- #41 FIPPA allows access to information held by public bodies (such as ministries, universities and hospitals) and determines how public bodies may collect, use and disclose personal information.PIPA sets out how private organizations (including businesses, charities, associations and labour organizations) may collect, use and disclose personal information.
- #43 There are a number of legal requirements to consider when establishing employee records policy and procedures. How they are stored, where they are stored, who has access, etc.This applies to reference checking; when hiring a new employee. I.e. latest on social media reference checking.
- #44 Employee Files and confidentiality; Organizations should be intentional regarding the information they keep in employee records to ensure privacy, and to manage administration and storage costs. The employee file must contain...The employee’s name, date of birth, occupation, telephone number and residential address; date the employment began; employee’s wage rate, whether paid hourly, by salary, commission, flat rate, piece rate or on some other basis; hours worked on each day, regardless of how the employee is paid; benefits paid to the employee; employee’s gross and net wages for each pay period; amount of and reason for each deduction made from the employee’s wages; dates of the statutory holidays taken by the employee and the amounts paid; dates of the annual vacation taken, the amounts paid, and the days and amounts owing; dates taken and amounts paid from the employee’s time bank, and the balance remaining.Other records Employers are also required to keep records of agreements made with employees regarding: Substituting another day for a statutory holiday;Implementing an averaging agreement; and Reimbursing employees for cleaning and maintaining special clothing.The employee file should contain There are a number of items, in addition to information that is legally required, that organizations usually keep in employee records: Employee's resume; Letter of employment/employment contract; Performance related documentation including information such as appraisals, commendations, and disciplinary action; Tax forms Security of personnel files Organizations should establish a secure location for storing employee records - most often this location is a locked filing cabinet in a locked office, usually belonging to the executive director or the HR professional on staff.Employee access An employee has the right to review his or her own employee records. Organizations should specify how employees get access to their employee records. Compliance with the Act does not require the employer to hand over the entire personnel file to the employee. The key to dealing with access requests is to understand what types of information are covered by the Act and which categories of information must be disclosed to the employee.Every business must have a policy and an appointed person responsible for privacy
- #45 We covered these key points today…In the pre-reads I provided links to the 4 key documents for your reference. Remember Human Resource Management is 10% Law and 90% an on-going process that constantly needs attention.Here are some useful tips: Surround yourself with good people. It’s all in the hiring. Catch someone doing something right! It’s easy to find fault in everyone; surprise them by finding something good. Positive reinforcement goes a long way.If you fail to plan, you plan to fail. Success lies in excellent planning. If you don’t plan the hiring, the renovation, the training or the pharmacy service you want to deliver, it won’t happen.Say what you mean and mean what you say. Clear communication is integral to building staff morale, empowering your staff and having a well-run business.“Love many, trust few, always paddle your own canoe.” If tips #1-4 don’t work, use this one.
- #46 Thanks...I’ll be around for a while today; but if you think of something later; find me.