Human Resources CH 2.docx

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George Brown College
Human Resources Management
HRM 1008

Human Resources CH 2- notes February 5, 2013 All managers must be aware of the legal environment of HRM  Must know the implications of their actions regarding employees  And prospective employees  Managers are accountable for intentional, unintentional violations  Have begun to promote and initiate workplace diversity  Makes good business sense Constitutional Act of 1867  Gave each of the provinces and territories the power to legislate in relation to employment law  For all those not employed by federally regulated industries  Banks and airlines Provincial legislation  Covers industries such as manufacturing, retail, schools  Hospitals, and other businesses  Each of Canada’s 14 jurisdictions (federal and 10 provincial, 3 territorial) Responsible for laws including  Human rights  Employments standards  Labour relations  Health and safety  Employment equity  Employment related legislation Common Law  Accumulation of judicial precedents’ that do not derive from specific pieces of legislation.  Allegations of wrongful dismissal by and employer Contract Law  Governs collective agreements and individual employment contracts Regulations for minimal engagements  Human rights commission  Ministries of labour  Develop legally binding rules Employment labour standards regulation  All employees and employers in Canada are covered under this Under Federal Jurisdiction  Covered under labour code  Ten provinces and three territories each have an employment standards act Labour standards  Establish minimum employee entitlements  Such as wages, paid holidays and vacations  Maternity leave  Termination notice  And overtime pay  Hours of work permitted in a work week Standards  1.5 hours of paid time off for every hour of overtime worked  Overtime permitted up to a daily total of 10 hours  Two consecutive days of rest for every two work weeks  Three consecutive days over three work weeks  Employment age lowered from 17 to 16  Minimum of 5 sick days each year and up to 8 weeks of compassionate care leave  Equal pay for equal work Equal Pay for Equal Work  Employer cannot pay male and female employees differently  If they are performing substantially the same work  Requiring the same degree of skill, effort, and responsibility  Under similar working conditions Pay Differences  Based on merit or productivity are permitted  Only sex based discrimination is prohibited. Charter of Rights and Freedoms  Issues of Equality Four Fundamental Freedoms  Freedom of..  Conscience and religion  Thought, belief, opinion and expression  Peaceful assembly  Association Also  Right to democracy  Right to live and seek employment in Canada  Right to due process in criminal proceedings  Equality rights  Minority language education rights  Canadian multicultural heritage rights  First Peoples Rights Human rights Legislation  Prohibits intentional and unintentional discrimination in its dealings with the public  And in its policies pertaining to all aspects and term and conditions of employment  The manner in which employees should be treated on the job everyday  All jurisdictions prohibit discrimination on the grounds of race, colour, religion or creed  Including physical and mental disability, sex and marital status Discrimination contd  Other grounds such as sexual orientation and criminal history  Are prohibited in some jurisdictions, but not all Canadian Human rights Act  Covers all businesses under federal jurisdiction  Each province/territory has its own human rights legislation  All jurisdictions prohibit discrimination based on specific grounds Discrimination  Making choices based on perceived differences  Something people do everyday Unfair Discrimination  Making choices on the basis of perceived but inaccurate differences  To the detriment of specific individuals or groups Intentional Discrimination  Is prohibited  Subtle, direct discrimination can be difficult to prove Differential or unequal treatment  No individuals or groups may be treated differently in any aspects or terms and conditions  Of employment based on any of the prohibited grounds *Intentional discrimination through another party is not allowed (indirectly)  Employer may not ask someone else to discriminate on his or her behalf Discrimination based in association  Denial of rights because of friendship or other relationship with a protected group member. Constructive or Systemic Discrimination  Difficult to detect and combat  Adverse impact on specific groups for reasons not job related or required for the safe efficient operation of the business Minorities  Visible minorities believe they need to downplay their heritage  Sometimes going as far as trying to eradicate their accent  Unintentional barriers impeding their career progression Bona Fide Occupational Requirement (BFOR)  Justifiable reason for discriminations based on business necessity (required)  For the safe and efficient operation of the organization  Requirement that can be clearly defended as intrinsically required by the tasks that an employee is expected to perform Reasonable Accommodation  Adjustments of employment policies and practices so that no individual is denied benefits,  Disadvantaged in employment, or from carrying out the essential components’ of a job on the basis of prohibited grounds o
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