1. The Legal Framework of HRM
CHAPTER 2
The Legal Framework of HRM
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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
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3. 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
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4. LEARNING OUTCOMES (continued)
Explain and describe the difference between employment equity and pay equity
Describe the differences between diversity and employment equity
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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”
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6. THE LEGAL FRAMEWORK IN CANADA
Two sets of legislation
Federal
Provincial and territory
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7. FEDERAL EMPLOYMENT LAWS
Canada Labour Code
Canadian Human Rights Act
Personal Information Protection and Electronics Documents Act (PIPEDA)
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8. PROVINCIAL EMPLOYMENT LEGISLATION
Similar to federal legislation
Provides certain rights and guarantees
Covers health and safety, human rights, and unionized workplaces
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9. HUMAN RIGHTS LEGISLATION (FEDERAL AND PROVINCIAL)
Discrimination (intentional or unintentional)
Bona fide occupational requirement
Reasonable accommodation
Harassment
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DISCRIMINATION
Essence of human rights legislation prohibits discrimination based on a number of factors such as:
Race
Religion
Gender
Age
Ethnic origin
Disability
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11. PROHIBITED GROUNDS OF DISCRIMINATION
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12. BONA FIDE OCCUPATIONAL QUALIFICATION
Justifiable discrimination
Able to set certain qualifications based on job requirements that can discriminate
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13. 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
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HARASSMENT
Workplace behaviour and actions
Concept of “reasonable person”
Development of policies and procedures to prevent and deal with any complaints of harassment
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15. ENFORCEMENT OF HUMAN RIGHTS LEGISLATION
Complaint-driven
Investigation
Determination of reasonable cause or not
Resolution/reconciliation
Decision
Acceptance or appeal
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16. HUMAN RIGHTS ENFORCEMENT
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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
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18. LABOUR RELATIONS LEGISLATION
Governs process and procedures between trade unions and employers
Administered through a labour relations board
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19. 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
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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
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22. 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
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PAY EQUITY
Federal legislation that applies to federally regulated companies
“Pay for work of equal value”
Difficulty in determining “equal value” for dissimilar jobs
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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
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