CHAPTER two.docx

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University of Waterloo
Human Resources Management
HRM 200
Katrina Di Gravio

CHAPTER TWO Canada’s Employment Law Framework  constitutional law o Charter of Rights and Freedoms  legislated Acts of Parliament o Income Tax Act  regulations (for legislated Acts) o rules to aid interpretation of laws  common law o judicial precedents – established when people go to court  contract law o collective agreements/employment contracts Multiple Legal Jurisdictions for Employment/Labour Law  provincial/territorial laws govern 90% of workers  federal laws govern 10% of workers in federal civil service: Crown corporations and agencies, transportation, banking, communications Employment/Labour Standards Legislation  provides minimum entitlements for employees o minimum wage o holidays and vacation o maternity/parental leave  provides maximum obligations e.g. hours of work o Exceptions: seasonal workers (i.e. farmers)  requires equal pay for equal work (male and female workers) Human Rights Legislation  based on Charter of Rights and Freedoms (1982), which provides fundamental freedoms: o conscience and religion o thought, belief, opinion and expression o peaceful assembly o association  Section 15 provides equality rights Discrimination  distinction, exclusion or preference based on a prohibited ground nullifies or impairs an employee’s rights to: o full and equal recognition o exercise of human rights and freedoms Prohibited Grounds of Discrimination • race • colour • age • sex • marital/family status • religion/Creed • physical and mental • handicap • ethnic/national origin Types of Discrimination Prohibited Intentional • direct • differential/unequal treatment • indirect • based on association Unintentional (constructive/systemic) • apparently neutral policies have adverse impact on protected groups Reasonable Accommodation of Differences  adjustment of employment policies/practices so that no individual is: o denied benefits o disadvantaged in employment o prevented from carrying out a job  based on prohibited grounds  e.g. work station redesign for wheelchair  employers must accommodate to the point of ‘undue hardship’  definition: point where cost or health and safety risks make accommodation impossible Bona Fide Occupational Requirement (BFOR)  a justifiable reason for discrimination based on business necessity for safe and efficient operations  intrinsically required by job tasks eg. must have  e.g. sight to drive a truck Harassment  definition: unwelcome behavior that demeans, humiliates, or embarrasses a person, and that a reasonable person should have known would be unwelcome  physical assault  unnecessary physical contact  verbal abuse/threats  unwelcome invitation/requests  unwelcome remarks, jokes, innuendo  leering  displaying pornographic/racist pictures  practical jokes causing embarrassment  condescension/paternalism undermining  self-respect Sexual Harassment  definition: offensive/humiliating behavior that is related to a person’s sex, as well as behavior of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment  sexual annoyance o hostile, intimidating harassment with no direct link to job benefits  sexual coercion o harassment with direct consequences to worker’s employment status or job benefits Harassment Policies 1. have a clear workplace harassment policy 2. provide company-wide harassment training 3. require signed documentation of: i. receipt of harassment training ii. familiarity with harassment policy 4. investigate all harassment complaints thoroughly 5. consider all relevant factors before taking action: i. when harassment is proven ii. when a false allegation of harassment is filed 6. provide support/counseling for harassment victims 7. monitor the workplace for signs of harassment 8. retaliation against complainant is a criminal offence Remedies for Human Rights Violations  compensation for: o lost wages o general damages and expenses o pain and humiliation  restoration of rights denied  written letter of apology  mandatory training sessions/workshops  required employment equity program Employment Equity  federal Employment Equity Act  based on Charter of Rights  proclaimed in 1987, amended in 1995  protects women, visible minorities, persons with disabilities, Aboriginal peoples o removes employment barriers o promotes equality o Employment Equity Designated Groups (% of population vs. employed)  Women – 51% vs. 45%  Visible minorities – 13.4% vs. 11.7%  Persons with disabilities – 12.4% vs. 2.3%  Aboriginal people – 3.3% vs. 1.6% Designated Group Experiences  lower pay  occupational segregation: existence of certain occupations that have traditionally been male dominated and others that have been female dominated  glass ceiling: invisible barrier, caused by attitudinal or organizational bias, which limits the advancement opportunities of qualified designated group members  underutilization  higher rates of unemployment  underemployment: not fully utilizing one’s skills  low status jobs with little career growth potential Employment Equity Program Implementation Steps  definition: detailed plan designed to identify and correct existing discrimination, redress past discrimination, and achieve a balanced representation of designated group members in the organization Step 1: Obtaining Senior Management Commitment and Support Step 2: Data Collection and Analysis o stock data: provides snapshot of organization at a particular point in time, in terms of how many designated group members are employed, in what occupations, and at what salaries o flow data: data tracking designated group members by employment transactions and outcomes o utilization analysis: comparison of internal workforce profile with external workforce availability Step 3: Employment Systems Review: thorough examination of corporate policies and procedures, collective agreements, and informal practices, to determine their impact on designated group members so that existing intentional or systemic barriers can be eliminated Step 4: Plan Development: goals and timetables o beware of reverse discrimination: giving preference to designated group members to the extent that non- members believe they are being discriminated against o positive measures: initiatives designed to accelerate the entry, development, and promotion of designated group members, aimed at overcoming the residual effects of past discrimination o accommodation measures: strategies to assist designated group members o supportive measures: strategies that enable all employees to achieve better balance between work and other responsibilities Step 5: Implementation Step 6: Monitoring, Evaluation, Revising Pay Equity  equal pay for: o male-dominated job classes o female-dominated job classes  of equal value to the organization  value determined by job evaluation procedure Diversity Management  broader/more inclusive than employment equity  a set of activities designed to: o integrate all employees in multicultural workforce o use diversity to enhance organization’s effectiveness Characteristics of Effective Diversity Programs  celebrate diversity  diversity training  top management commitment  support groups/ mentoring programs  diversity audits  management responsibility and accountability inclusive and representative communications CHAPTER FOUR Organizing Work: Organization Charts  Snapshot of the firm, depicting the organization’s structure in chart form at a particular point in time Organizing Work: Bureaucratic Structure  Top-down management  Many levels, and hierarchical communication channels and career paths  Highly specialized jobs with narrowly defined job descriptions  Focus on independent performance President VP VP Dean Dean Dean Dean Chair Chair ChairChair Chair Chair ChairChair Organizing Work: Flat Structure  Decentralized management approach  Few levels and multi-directional communication  Broadly defined jobs, with general job descriptions  Emphasis on teams and on customer service Owner Manager Manager AssociAssocAssociAssociate Organizing Work: Boundaryless Structure  Joint ventures with customers, suppliers, and competitors  Emphasis on teams whose members may cross organizational boundaries
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