The Legal Framework of HRM

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Presentation transcript:

The Legal Framework of HRM CHAPTER 2 The Legal Framework of HRM Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. LEARNING OUTCOMES Explain the impact of laws on the behaviour and actions of supervisors and managers Discuss the legal framework of HRM in Canada Explain and describe discrimination and harassment in the workplace Copyright © 2014 by Nelson Education Ltd.

LEARNING OUTCOMES (continued) Describe the line manager’s role in creating a work environment that is free from harassment and discrimination Identify the general types of employment laws in Canada Copyright © 2014 by Nelson Education Ltd.

LEARNING OUTCOMES (continued) Explain and describe the difference between employment equity and pay equity Describe the differences between diversity and employment equity Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. IMPACT ON MANAGERS Determines what is expected to successfully manage people Laws are written to protect employer and employees Treating employees a certain way not just a legal requirement, but “good business” Copyright © 2014 by Nelson Education Ltd.

THE LEGAL FRAMEWORK IN CANADA Two sets of legislation Federal Provincial and territory Copyright © 2014 by Nelson Education Ltd.

FEDERAL EMPLOYMENT LAWS Canada Labour Code Canadian Human Rights Act Personal Information Protection and Electronics Documents Act (PIPEDA) Copyright © 2014 by Nelson Education Ltd.

PROVINCIAL EMPLOYMENT LEGISLATION Similar to federal legislation Provides certain rights and guarantees Covers health and safety, human rights, and unionized workplaces Copyright © 2014 by Nelson Education Ltd.

HUMAN RIGHTS LEGISLATION (FEDERAL AND PROVINCIAL) Discrimination (intentional or unintentional) Bona fide occupational requirement Reasonable accommodation Harassment Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. DISCRIMINATION Essence of human rights legislation prohibits discrimination based on a number of factors such as: Race Religion Gender Age Ethnic origin Disability Copyright © 2014 by Nelson Education Ltd.

PROHIBITED GROUNDS OF DISCRIMINATION Copyright © 2014 by Nelson Education Ltd.

BONA FIDE OCCUPATIONAL QUALIFICATION Justifiable discrimination Able to set certain qualifications based on job requirements that can discriminate Copyright © 2014 by Nelson Education Ltd.

REASONABLE ACCOMMODATION Making adjustments to any aspect of working conditions to prevent discrimination Employers are expected to do to point of “undue hardship” Differences in undue hardship for small and large organizations Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. HARASSMENT Workplace behaviour and actions Concept of “reasonable person” Development of policies and procedures to prevent and deal with any complaints of harassment Copyright © 2014 by Nelson Education Ltd.

ENFORCEMENT OF HUMAN RIGHTS LEGISLATION Complaint-driven Investigation Determination of reasonable cause or not Resolution/reconciliation Decision Acceptance or appeal Copyright © 2014 by Nelson Education Ltd.

HUMAN RIGHTS ENFORCEMENT Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. EMPLOYMENT STANDARDS Minimum obligations of employers Typically reflects views of government in relation to social policy Cover such rights as: Hours of work Overtime pay Vacation pay Administered by agency or commission that both interprets and enforces legislation Copyright © 2014 by Nelson Education Ltd.

LABOUR RELATIONS LEGISLATION Governs process and procedures between trade unions and employers Administered through a labour relations board Copyright © 2014 by Nelson Education Ltd.

HEALTH AND SAFETY LEGISLATION AND WORKERS’ COMPENSATION Governs employer responsibility for healthy and safe workplace Administered through government agency Provides monetary payment to employees if injured on the job Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. EMPLOYMENT EQUITY Employment of individuals in a fair and nonbiased manner Legislation that focuses on certain groups that have been historically disadvantaged—excludes certain groups Women Visible minorities Aboriginal people People with disabilities Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd.

SYSTEMIC DISCRIMINATION Hidden employment barriers Can result in inequities if individuals discouraged based on their membership in certain groups Examples include inflated job requirements or recruiting only close friends Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. PAY EQUITY Federal legislation that applies to federally regulated companies “Pay for work of equal value” Difficulty in determining “equal value” for dissimilar jobs Copyright © 2014 by Nelson Education Ltd.

Copyright © 2014 by Nelson Education Ltd. DIVERSITY MANAGEMENT Optimizing everyone’s background for business success Voluntary Inclusive—not the same as employment equity Need to create environment for success Treat people as individuals Link directly to business objectives Copyright © 2014 by Nelson Education Ltd.