Class Notes (837,698)
Canada (510,399)
York University (35,409)
HRM 2600 (105)
Ron Ophir (13)
Lecture

ADMS 2600 - 12.docx

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Department
Human Resources Management
Course
HRM 2600
Professor
Ron Ophir
Semester
Winter

Description
Ch. 13 The Three Regimes of Employment Law 1) The common law of employment - Canada used British laws to build our laws - a way of behaving - common law – look at what’s normal and natural form of management - the book says positive approach is the best way but in reality negative approach is the better way – proactive stance 2) Statutory regulations - health and safety act - employment equity - laws and minimum guidelines of statutes and regulations 3) Collective bargaining and arbitration law - This legislation seeks to improve conditions of work by empowering workers to join together and bargain a better contract for themselves Understanding the Individual Employment Contract - Valid contract requires mutual consideration - Constructive Dismissal – when an employer commits a fundamental breach of the contract, such as by unilaterally changing a key term of the contract; the employee can treat the breach as a termination The Rules Governing Dismissal Dismissal of a non-union employee - Summary dismissal – when a non-union employer terminates an employee without notice because the employee has committed a serious breach of contract - Wrongful Dismissal – a lawsuit filed in a court by an employee alleging that he or she was dismissed without proper contractual or reasonable notice Dismissal of a unionized employee - Just Cause: you need to document that person prior firing them Employee Privacy Rights - Employee privacy vs. Employer obligations – Privacy issues at the workplace -conduct outside the workplace - Company needs to inform you on privacy issues Privacy Issues at the Workplace PIPEDA - Personal information protection and electronic document act - Our right to control information about ourselves Email, Computer, and Voice Mail: Policy Guidelines - Ensure compliance with applicable legislation and common law rules - Specify the circumstances, if any, under which the system can be used for personal business - Specify that confidential information not be sent on the network - Specify that email and voice mail information be sent only to users who need it for business purposes - Expressly prohibit use of email or voice mail to harass others or to send anonymous messages - Make clear that employees have no privacy rights in any material delivered or received through email, voicemail and computer Employee Searches and Electronic Monitoring - The search policy should be widely publicized and shou
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