MOS 3385 Chapter 2 .docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 3385A/B
Gail Robertson

Federal Laws: applies to everyone who resides in Canada Provincial Laws: handled at a provincial level Common Law, Contract Law and Gov’t regulations can also have an impact on HR Common Law : our body of law that has developed from judicial decisions Ex. Establishes the basic employee – employer relationship of trust Contract Law: relates to legal and binding agreements governs a person engaged in a fee for service activity for a company Gov’t regulations called Statutory laws Example creates employment conditions such as providing minimum wage or holiday with pay Federal employment laws For companies that are federally regulated there are 2 basic employment laws: 1. Canada Labour Code: covers basic employment conditions, labour relations and health and safety in the federal sector. The Canada Industrial Relations Board administers this law 2. Canadian Human RightsAct administered by Canadian Human rights Commission which makes decisions on complaints’ involving discrimination and harassment. There are 2 primary laws of privacy legislation: 1. Personal Information Protection and Electronic DocumentsAct (PIPEDA) applies to only federally regulated companies 2. The personal Information PrivacyAct provincial legislation extends the federal legislation to provinces and businesses within the provinces. Both acts enhance the protection granted to employees on their personal info that a company maintains. Organizations can use info only for its intended purpose and can no longer collect info without disclosing its full use. Human Rights Legislation Discrimination Prohibits discrimination on the basis of race, religion, gender, age, national or ethnic origin, disability or family or marital status Provincial human rights legislation also covers sexual orientation Systemic discrimination: the exclusion of members of certain groups through the application of employment policies or practices based on criteria that are not job related. Example recruiting from within workforce or from friends of workers would likely bring in similar candidates Employers may be permitted to discriminate if employment is qualifications are based on a bona fide occupational qualification (BFOQ) This is a justifiable reason for discrimination based on business reasons of safety or effectiveness Intentional discrimination: males have to be 5 feet to apply Unintentional : a firefighter has to be able to run a certain distance in a certain amount of time Reasonable accommodation : involves adjusting employment policies and practices so that no individual is denied benefits, is disadvantaged with respect to employment opportunities or is blocked from carrying out the essential components of a job because of race, colour,
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