Legal Issues

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Human Resources Management
HRM 3470
Mary Jo Ducharme

Lecture 3 A valid selection system is a legal selection system. Constitutional Law o Supreme law in Canada • Most important law in Canada o 1867 o Divides federal and provincial power o Constitution Act – 1982 o Together creates Canadian Charter of Rights and Freedoms • Rights and freedoms that Canadians enjoy at all levels The subsection refers to Employment Equity Humans Rights Law o Prohibits discrimination on protected grounds • Age • Sex • Race • Colour • Religion • Marital status • Mental or physical disability o Human Rights Tribunals or Commissions • Filing a complaint: 1. The individual who believes he or she has been discriminated against should tell the people involved and attempt to resolve the problem on the spot. 2. If step 1 does not succeed, seek assistance from someone named under the organization’s human rights policy. 3. File a company or union grievance against the practice believed discriminatory. 4. If steps 1-3 do not work, the individual may file a complaint with the Canadian Human Rights Commission. 5. If the complaint fulfils certain conditions, the commission may assign an investigator to examine the complaint. 6. After the report from the investigator is filed, the commission may appoint a conciliator, who will attempt to bring about the settlement of the complaint. The commission must then either approve or reject the settlement. 7. After the complaint is filed, the commission may refer the complaint to human rights tribunal composed of not more than three members. The tribunal then investigates the complaint in a quasi-legal hearing. Both the complainant and the employer are permitted representation by legal counsel in this hearing. The tribunal will either dismiss the complaint or, if the employer is found to have discriminated, levy penalties (e.g. rehiring, financial compensation) 8. A review tribunal may be set up to hear an appeal if one of the parties is not satisfied with the decision under Step 7. 9. If either
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