COMMERCE 4BB3 Chapter Notes - Chapter 3: Labour Law, Fide, Visible Minority

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Published on 17 Apr 2013
School
McMaster University
Department
Commerce
Course
COMMERCE 4BB3
Professor
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
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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
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Document Summary

Chapter 3: foundations of recruitment and selection ii: legal. Four legal sources affect canadian employment practices n recruitment and selection: 4) labour law, employment standards, and related legislation. 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. Began with british north american act 1867, and with the. Section 1 to 34 of part 1 of the constitution act of 1982 are called the canadian charter of rights and freedoms: serves as supreme law of canada. Has precedence over all legal means in this chapter. 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.

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