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Canada (158,372)
Commerce (1,634)
Chapter 3

Chapter 3 - Recruitment.docx

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McMaster University
Aaron Schat

Chapter 3: Foundations of Recruitment and Selection II: Legal Issues Four legal sources affect Canadian employment practices n recruitment and selection:  1) Constitutional Law  2) Human Rights Law  3) Employment Equity Legislation  4) Labour Law, employment standards, and related legislation Constitutional Law:  Is the supreme law of Canada  It has a pervasive impact on employment practices and all spheres of Canadian society  A series of orders and acts passed since 1867 by British and Canadian Parliaments  Began with British North American Act 1867, and with the Constitution Act of 1982  Section 1 to 34 of Part 1 of the Constitution Act of 1982 are called the Canadian Charter of Rights and Freedoms o Serves as supreme law of Canada  Has precedence over all legal means in this chapter Human Rights Legislation:  Each province and territory has their own act or code  Prohibits discrimination in both employment and the provision of goods and services  There are 19 prohibited grounds for discrimination, yet only 6 grounds are consistent across all Canadian jurisdictions  Human rights commissions or tribunals deal with complaints involving employment discrimination  Canadian Human Rights Act empowers the Canadian Human rights Commission to investigate complaints, develop and deliver public information programs, undertake or sponsor research programs, liaise with other human rights commissions, and review federal legislation for conformity with the Canadian Human rights Act Employment Equity:  Promotes the entry and retention of people from 4 designated groups: o Women o Visible minorities o Aboriginal people o People with disabilities  Program is indented to correct “past wrongs”  All federally regulated employers with 100 of or more employee, to set up and operate employment equity programs Labour law, Employment Standards & Related Legislation:  Grants certain employment rights to both employers and employees but also impose a wide range of employment responsibilities and obligations.  Federal and provincial law stipulate the right of employes to organize trade union and th bargain collective agreements with employers  See Recruitment and Selection Notebook 3.1 (p. 69)  Canada Labour Code establishes labour relations boards to oversee union certifications and handle complaints about unfair labour practices  Collective agreements, are legally binding and enforceable documents that cover unionized employees  Collective agreements set out the conditions under which job changes must occur and have a major impact on internal selection or internal movement of works (promotion, lateral transfer, demotion)  Closed-shop agreements – only union members may work for the organization  Minimum age of work, minimum wages, statutory holidays, vacations, work leaves, and termination of employment  The Public Service Employment Act designates the Public Service Commission of Canada as the central staffing agency for the federal government  The Parliamentary Employment and Staff Relations act provides a mechanism for collective bargaining between the federal government as employer and the various unions certified to represent federal workers Key Legal Concepts in recruitments and Selection  Discrimination: and refusal to employ of to continue to employ any person, or the adversely affect any current employee, on the basis of that individuals membership to a protected group  Direct Discrimination: Occurs when n employer adopts a practice of rule that, on its face, discriminates on a prohibited group  Indirect Discrimination: Occurs when and employer, in good faith, adopts a policy or practice for sound economic or business reasons, but when it is applied to all employees it has an unintended, negative impact on members of a protected group  Protected Groups: those who have attributes that are defined as “prohibitive grounds” for discrimination under the human rights act that applies to the employing organization  Designated Groups: The Employment Equity Act defines designated groups as women, visible minorities, aboriginal peoples, and persons with disabilities  Employment Equity: The elimination of discriminatory practices that prevent the entry or retention of members from designated groups in the workplace, and the elimination of unequal treatment in the workplace related to membership in a designated group  Adverse Impact: Occurs when the selection rate for a protected group is lower that that for the relevant caparison group. U.S. courts consider adverse impact to occur when the number of members selected from a protected group is less that 80% (four fifths rule) of the number of majority-group members selected  Bona fide occupational requirement (BFOR): those that a person must posses to perform the essential components of a job in a safe, effic
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