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PowerPoint Slidesto accompany

Prepared by

Eileen Stewart

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CHAPTER 2

The Legal Framework

of HRM

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OUTCOMES After studying this chapter, you shouldbe able to:

1 Explain the impact of laws on the behaviourand actions of supervisors and managers2 Describe the legal framework of HRM in

Canada3 Explain and describe discrimination and

harassment in the workplace4 Describe the line managers role in creating a

work environment that is free from harassmentand discrimination

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OUTCOMES (continued) After studying this chapter, you shouldbe able to:

5 Identify the general types of employmentlaws in Canada6 Explain and describe the difference

between employment equity and pay

equity7 Describe the differences between diversity

and employment equity

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IMPACT ON MANAGERSDetermines what is expected tosuccessfully manage people

Laws are written to protect employerand employeesTreating employees a certain way not

just legal requirement, but goodbusiness

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THE LEGAL FRAMEWORK INCANADA

Two sets of legislation:

FederalProvincial and territory

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FEDERAL EMPLOYMENT LAWSCanada Labour CodeCanadian Human Rights ActPersonal Information Protection andElectronics Documents Act (PIPEDA)

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PROVINCIAL EMPLOYMENTLEGISLATION

Similar to federal legislation

Provides certain rights and guaranteesCovers health and safety, human rights,and unionized workplaces

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HUMAN RIGHTSLEGISLATION (FEDERAL ANDPROVINCIAL)

Discrimination (intentional orunintentional)Bona fide occupational requirement

Reasonable accommodationHarassment

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DISCRIMINATIONEssence of human rights legislationprohibits discrimination based on anumber of factors such as:

RaceReligionGender

Age

Ethnic originDisability

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BONA FIDE OCCUPATIONALQUALIFICATION

Justifiable discrimination

Able to set certain qualifications basedon job requirements that candiscriminate

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REASONABLE ACCOMMODATION

Making adjustments to any aspect of workingconditions to prevent discriminationEmployers are expected to do to point of

undue hardship

Differences in undue hardship for small andlarge organizations

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HARASSMENTWorkplaceBehaviourConcept of reasonable person Development of policies and proceduresto prevent and deal with any complaintsof harassment

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ENFORCEMENT OF HUMANRIGHTS LEGISLATION

Complaint-drivenInvestigationDetermination of reasonable causeor notResolution/reconciliationDecision

Acceptance or appeal

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HUMAN RIGHTS

ENFORCEMENT (Figure 2.3)

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EMPLOYMENT STANDARDSMinimum obligations of employersTypically reflects views of government inrelation to social policy

Cover such rights as:Hours of work Overtime pay

Vacation pay

Administered by agency or commission thatboth interprets and enforces legislation

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LABOUR RELATIONSLEGISLATION

Governs process and proceduresbetween trade unions and employers Administered through a labour relationsboard

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HEALTH AND SAFETY

LEGISLATION ANDWORKERS COMPENSATION

Governs employer responsibility forhealthy and safe workplace Administered through governmentagencyProvides monetary payment toemployees if injured on the job

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EMPLOYMENT EQUITY Employment of individuals in a fair andnonbiased mannerLegislation that focuses on certain groups thathave been historically disadvantaged excludescertain groups

Women Visible minoritiesFirst NationsPeople with disabilities

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SYSTEMIC DISCRIMINATIONHidden employment barriersCan result in inequities if individualsdiscouraged based on their membershipin certain groupsExamples include inflated job

requirements or recruiting only closefriends

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PAY EQUITY Federal legislation that applies tofederally-regulated companies

Pay for work of equal value Difficulty in determining equal value for dissimilar jobs

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DIVERSITY MANAGEMENTOptimizing everyones background forbusiness success

VoluntaryInclusive--not the same as employmentequity

Need to create environment for successTreat people as individualsLink directly to business objectives