Unformatted text preview: Legal Regulation of the Employment Relationship II
COMM392: Managing Employment Relationship 103/104 Fall 2009 Yoshio Yanadori Announcement Next three classes Nature & Role of Labor Unions Watch a movie: Norma Rae (1979) First half on Thursday (Sept. 24th) Why employees want to (or don't want to) organize unions? Second half on Tuesday (Sept. 29rd) What is the process of organizing unions? See reviews at Amazon.ca (
http://www.amazon.ca/NormaRaeWidescreenMartinRitt/dp/B000059HAN/ref=sr_1_1?ie=UTF8&s=dvd&qid=1253289936&sr=81) http://www.amazon.ca/NormaRaeWidescreenMartinRitt/dp/B000059HAN/ref=sr_1_1?ie=UTF8&s=dvd&qid=1253289936&sr=81) Objectives Identify the purpose of the various types of employment legislation in Canada Understand what issues are addressed in Employment Standards Act Define different types of discrimination prohibited by Human Rights Code Understand what constitutes sexual harassment Understand the role of jurisdiction, and its relationship to employment legislation Be able to tell which employee is covered by which jurisdiction Be able to tell which adjudicator is responsible for which legislation Charter of Rights and Freedom Sections 1 to 34 of Part 1 of the Constitution Guarantees fundamental rights and freedoms Foundations for many regulations in the workplace Four fundamental freedoms Conscience and religion Thought, belief, opinion, and expression Peaceful assembly Association Domain/Coverage Apply to all workers including those in unionized organizations Collective agreements cannot contain less favorable terms but allowed to exceed the minima employees Employment Standards Legislation Sets minimum working conditions Human Rights Legislation Prohibits discrimination Health and Safety Legislation Prevents workplace illnesses and injuries Workers Compensation Legislation Compensates workers for workrelated illnesses and injuries Privacy Legislation Addresses how organizations handle personal information Concept of Jurisdiction Federal vs. Provincial Provincial and territorial statutes govern approximately 90% of Canadian workers Federal employment legislation covers: Federal civil service Crown corporations and agencies (e.g., Canada Post) Businesses engaged in airlines, railroads, banking, and communications
e.g., Canadian Human Rights Act Canada Labor Code Provincial
e.g., BC Human Rights Code BC Employment Standards Act Application and administration of separate laws (see SRP B1) Courts vs. administrative agencies Employment Standards Legislation Sets minimum standards for all workers, including those covered by collective agreement (see SRP C14): Minimum wage Minimum number of statutory holidays Overtime premiums Minimum notice period Deduction ( Trendy's case) Leaves of absence ( Trendy's case) Enforcing Employment Standards Legislation BC Act administered by Ministry of Labor and Citizens' Services Complaint can file a claim with the Employment Standards Tribunal If the decision is not satisfactory, can appeal to the courts Human Rights Legislation Prevents discrimination in employment in certain areas Makes it illegal to discriminate in employment on the basis of "prohibited grounds" (SRP D5 and Textbook page 52) Employment issues affected Race Age Color Marital and family status Religion Place of origin Sex Mental and physical disability Selection, compensation, work condition, discipline...(virtually all aspects of HRM) Types of Discrimination Prohibited No intent is required for employer's liability Intentional discrimination Disparate treatment (e.g., reject applicants due to prohibited grounds, assign a certain selection test only for a group of applicants based on prohibited grounds) Unintentional discrimination (constructive, systemic) Adverse impact on specific groups of workers/employees (e.g., selection based on applicants' height) BFOR and Reasonable Accommodation BFOR: Bona Fide Occupational Requirement A justifiable reason for discrimination Based on business necessity for safe and efficient operation Intrinsically required by job tasks Onus of proof is placed on the employer Reasonable accommodation Adjustment of employment policies/practices so that no individual is disadvantaged in employment based on prohibited grounds To the point of undue hardship: When financial cost of accommodation or health and safety risks to the individual concerned or other employees would make the accommodation impossible Sexual Harassment Violation of BC Human Rights Code Employers may be liable for lack of due diligence Two types of harassment: Sexual coercion (Quid pro quo) Harassment with direct consequences to job benefits Sexual annoyance (hostile environment) Harassment with no direct link to job benefits Unwanted touching, unwelcome advances, and dirty jokes, and etc. Enforcing Human Rights Legislation Once violation is established, the corporation is automatically liable for damages Complaint is made to the applicable human rights tribunal (e.g., BC Human Rights Tribunal), not directly to the court Remedies include: BC Human Rights Tribunal Reinstatement Trendy's Restaurant's case Hiring or promoting the worker Restoring monetary damages (e.g., backward wages) Related Concepts (and Laws) Employment equity Employment of individuals in a fair and nonbiased manner Federal Employment Equity Act Requires employers to implement employment equity (identify and correct existing discrimination) Four designated groups: women, visible minorities, aboriginal peoples, and persons with disabilities Pay equity "equal pay for work of equal value" Providing equal pay to maledominated job classes and female dominated job classes of equal value to the employer Will discuss in the section of "Compensation Management" Diversity Management The optimization of an organization's multicultural workforce in order to reach business objectives Examples Diversity council communicates concerns and issues to top management Formal mentoring programs and career development Work and family policies Visible support from CEO and top management for diversity Diversity training and education See textbook pp. 6467 Workplace Safety Legislation Workers Compensation Act BC Protection from occupational injury and illness Set safety standards (e.g., permitted chemicals, hazard information) Adjudicator in BC WorkSafeBC formerly know as BC Workers' Compensation Board (SRP I1I8, http://www.worksafebc.com/ ) http://www.worksafebc.com/ Inspectors can enter the workplace at any time Rights and obligations Employers Due diligence requirement Filing accident reports Posting safety notices and legislative information Employees Right to refuse unsafe work if they have reasonable cause to believe that the work is dangerous Obligation to wear protective clothing and equipment A PPT Note from Last Thursday Pay wages for work actually done Provide a reasonably safe workplace Treat the employee fairly Give reasonable notice of termination Workers Compensation Legislation Compensating victims suffered from work related accidents and illnesses Benefits include: Payment of expenses for medical treatment and rehabilitation Income benefits during the period when the worker is unable to work Survivor benefits in case of workrelated death Funded by employers Higher premiums for firms with more claims Adjudicator WorksafeBC Privacy Legislation Address how organizations handle personal information of employees, customers, and others Employers may collect and use personal information only when it is relevant to managing the employment relationship Asking the name of spouse in the application form? Asking the number of dependent family members? BC Personal Information Protection Act Adjudicator: Information and Privacy Commissioner of BC Refer to SRP E1E2 Next Class Nature & Role of Labor Union Reading Textbook Chapter 5, pages 108113 Skim "Union Membership in Canada" in SRP (No need to bring SRP) Movie: Norma Rae ...
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- Fall '09
- Trade union