ADM2337 Final Review - Magda Donia

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Published on 13 Apr 2013
Department
Course
Professor
Final exam review ADM2337
Chapter 2: The legal context of HR
Not in need of all the legal info to be in HR
Employee legislation required
The gov’t role is to make sure there is shared responsibility between the Org and employees
Every legal requirement focuses on the Charter of Rights and Freedoms
Must be able to protect the Org from liability and discrimination + ensure fair treatment
Legal Framework of HRM:
Federally regulated: Canada Post, airlines, telecommunications, railways, TV stations
Provincially regulated: ALL other businesses
o Minimum working age may differ by province
Employment insurance and pension plans are the same across Canada
As are regulations about Sexual harassment
Legislation in Canada:
Charter of Rights and Freedoms: 1982 protects and guarantees all the basic rights of
Canadians
Canadian Human Rights Act: 1998 Prevents any sort of discrimination
Employment standards legislation: 1970s outlines some of the minimum requirements to
which employees are entitled
Employee Equity Act: Proactively hiring employees belonging to the 4 groups
o Minorities
o Disabled
o Women
o Gays
Pay Equity Act: Should be rewarded the same if they are performing the same or similar job
Official languages act: 1988 equal rights given to francophones and Anglophones may not
refuse a candidate due to background
PIPEDIA: Mostly for federal Orgs, private business (2004) protects employee rights and
information, employer cannot shar your information without written consent
o Emails are legal documents that can be used in court
Prohibited grounds of Discrimination protected by Canadian Human Rights Act
Pardoned conviction
Race or colour
National/ethnic Origin
Religion
Age
Sexual orientation
Marital And Family status
Disability
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Equity in Employment opportunity:
Discrimination: Any behaviours that demeans or humiliates the person treating someone
differently due to personal attributes
Direct discrimination: When a person is treated differently due to sexual beliefs, religion, or
ethnic origin
Indirect Discrimination: When an apparently neutral specification, criteria or practice would
disadvantage people on the grounds of racial or ethnic origin, religion or belief, disability, age or
sexual orientation.
Employers Role:
Bona fide occupational requirement:
Duty to Accommodate: duty to accommodate employees needs to a point of undue hardship
(wheelchairs, etc)
Preventing Harassment: Help employees understand harassment
o What will you do for victims?
o What will offenders experience?
Valuing Diversity: Create an environment and make people understand the no one is superior
or inferior simply diverse (race, political beliefs, age)
Harassment: something he/she is doing that he/she should not be doing
Physical Assault
Unnecessary physical contact
Verbal abuse/threats
Unwelcome invitations/requests
Unwelcome remarks/jokes
Leering
Display pornographic/racist picture
Embarrassing practical jokes
Condescension/undermining
Remedies for Human Rights Violations
Compensation for
o Lost wages
o General damages and expenses
o Pain and humiliation
Restoration of denied rights
Written letter of apology
Mandatory training session/workshops
Required employment equity program
Employment Equity program implementation steps
1. Obtaining senior management commitment and support
2. Data collection analysis
3. Employment systems review
4. Plan development
5. Implementation
6. Monitoring/Evaluation/Revising
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Employee rights: Aids in making a pleasant environment for workers
The right to know: About know or foreseeable hazards in the workplace
The right to participate: In identifying and resolving job-related safety and health concerns
The right to refuse: Dangerous Work
Occupational Health and Safety:
Internal Responsibility System
Workplace Health and Safety committees
Bill C-45: 2004 amendment to the criminal code you are the sole person responsible for your
actions
Diversity management
A broader/more inclusive employment equity
A set of activities designed to
o Integrate all employees in a multicultural workforce
o Use diversity to enhance and Orgs effectiveness
Make sure employees are aware of what diversity is
No stereotyping in any way
Characteristics of Effective Diversity Programs
Celebrate diversity
Diversity training
Top management commitment
Support groups/ mentoring programs
Diversity audits: Ability to maintain a diverse workforce must make changes if not so
Management responsibility and accountability
Inclusive and representative communications
Chapter 4: Analyzing work and designing jobs
Work-flow analysis requires people to look at what is happening on the job
Make sure you understand if there are changes in the job or not
Make sure to refine and update job descriptions
Work-flow analysis
Raw inputs
o What materials, data, and information are needed? Are the goals clear?
Equipment:
o What special equipment, facilities, and systems are needed
Human resources:
o What competencies, knowledge, skills, abilities, and other characteristics are needed?
Activity
o What tasks are required in the production of the output?
Output:
o What product info, or service is provided? How is the output measured?
o How does work add value to your company?
Tasks, duties, responsibilities, knowledge, skills competencies
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Document Summary

Not in need of all the legal info to be in hr. The gov"t role is to make sure there is shared responsibility between the org and employees. Every legal requirement focuses on the charter of rights and freedoms. Must be able to protect the org from liability and discrimination + ensure fair treatment. Federally regulated: canada post, airlines, telecommunications, railways, tv stations. Provincially regulated: all other businesses: minimum working age may differ by province. Employment insurance and pension plans are the same across canada. Charter of rights and freedoms: 1982 protects and guarantees all the basic rights of. Canadian human rights act: 1998 prevents any sort of discrimination. Employment standards legislation: 1970s outlines some of the minimum requirements to which employees are entitled. Employee equity act: proactively hiring employees belonging to the 4 groups: minorities, disabled, women, gays. Pay equity act: should be rewarded the same if they are performing the same or similar job.

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