operating within a legal framework Flashcards by Nancy He

2 sets of legislation in canada:

federal

provincial/territorial

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What powers are managed by federal jurisdiction?

matters of national interest:

banks/money
defense
criminal law
mail (postal service)
transportation (ships, rail, air

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What powers are managed by provincial jurisdiction?

matters of regional interest:

health
education
municipal institutions
civil law
private or local matters

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What powers are shared by provincial and federal legislation?

agriculture

immigration

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What workers fall under federal employment legislation?

workers in:

federal government
federal organizations (banks, ships, transport…)

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What workers fall under provincial legislation?

organizations under provincial jurisdiction

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T/F: most employees fall under federal jurisdiction

False; only 10%

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What are the key FEDERAL employment laws? (4)

canada labour code
canadian human rights act
personal info protection & electronics documents act (PIPEDA)
Employment equity act

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What federal law is concerned with human rights and pay equity?

canadian human right act

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What fed. law covers labour relations, health and safety, and employment standards?

canada labour code

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What does PIPEDA cover?

handling of personal info

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What does the employment equity act cover?

equal access to employment, justice for all

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T/F: provincial legislation is very different from federal legislation

false, fairly similar

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What are the main provincial (QC) employment laws? (7)

Quebec Charter of rights and freedoms
labour code
Act respecting labour standards
Act respecting Occupational H & S
Pay equity act
Act respecting equal access to employment in public bodies
act respecting protection of personal info

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What QC provincial law concerns employment equity?

Act respecting equal access to employment in public bodies

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What is the provincial equivalent of PIPEDA?

act respecting the protection of personal info

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What is the provincial equivalent of the Canada labour code?

Labour code + act respecting labour standards + act respecting occ. H+S

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___ ____ laws is paramount over other employment laws

Human rights

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What federal and provincial laws relate to human rights? (3)

Canadian charter of rights and freedoms (F)
Canadian human rights act (F)
Quebec Charter of rights and freedoms

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What is discrimination?

intentional or unintentional prejudiced treatment of people based on race, religion, gender, age, ethnicity, disability…

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What is the exception when discrimination is allowed?

bona fide occupational qualification/requirement

What is BFOQ/BFOR?

justifiable discrimination: certain qualifications required to perform the job, must have (ex: taxi driver cannot be blind)

What is reasonable accomodation?

making adjustments to working conditions (hours, tools, methods) to prevent discrimination
employers must accomodate but within reason (without undue hardship)

T/F: undue hardship has different meanings depending on the organization

yes; they have different resources (large vs small business)

What is harassment? (definition)

improper conduct by individual that is directed at and KNOWINGLY offensive/harmful to other persons in workplace

What does harassment comprise of?

any act/comment/display that demeans, belittles, cause humiliation or embarassment intimidation or threat

Describe the steps of enforcement of human rights legislation

1. compliant 2. early resolution/mediation 3. formal complaint 4. notification (contact employer) 5. determination of reasonable cause or not (validity) 6. investigation (gather reports, evidence, docs) 7. resolution/reconciliation 8. tribunal (final binding decision

what is the goal of employment standards?

specify the minimum obligations of employers towards employees (work hrs, min wage, overtime pay, vacation pay, holidays, end of employment)

T/F: the employment standards do not apply to ununionized employers

False; applies to ALL

the enforcement of most standards is driven by ____

complaints

Amendments were made for 2019 for quebec's labour standards act, to include:

policies/processes concerning conduct that includes words/actions/gestures of sexual nature

What does the goals of H&S legislation and worker's compensation comprise of? (4)

- describe standards for healthy and safe workplace - outline role and involvment of employers - duties of employees in H&S - monetary payment if injured on job

Health and safety is the responsibility of:

the employer

What do labour relations legislation govern?

processes/poirocedures between trade unions and employers - process by which union ets power (bargaining right) - collective bargaining procedures

The employment equity legislation aims to be fair and unbiased for employment for 4 specific historically disadvantaged groups:

women first nations visible minorities disabilities

what are the means of action for employment equity legislation? (4)

develop plans to represent designated groups - identiry + remove barriers - timetable for achieving - implement reasonable accomodations and special measures

What is systemic discrimination? give examples

patterns of behaviour embedded within organization - certain groups STILL disadvantaged (hidden employment barriers) ex: inflated job requirements, recruiting only close friends

What is the goal of pay equity legislation?

narrow wage gap between men and women

principles of pay equity: (2)

equal pay for equal work equal pay for work of equal VALUE

T/F: diversity management is voluntary

True

What is diversity managment

optimizing everyone's background for success (treat people as individuals, link to business objectives)

T/F: diversity management is the same as employment equity

False

What is workplace diversity?

differences among employees (potential or actual)

Benefits of diversity management: (6)

larger candidate pool in hiring - more creativity/innovation - better environment -> better attitudes and retention - savings in litigation - better performance/competitiveness/stock prices..

What are the challenges of diversity?

similarly attraction phenomenon ethnocentrism stereotypes

What is ethnocentrism?

belief that one's culture is superior to other cultures

What is similarity attraction phenomenon?

tendency to be more attracted to individuals similar to us (assume surface level is related to deep level)

What are stereotypes?

generalizations about a group of people (based on ethnicity, gender, age, etc)

Whose behaviour does stereotypes impact?

those who stereotype targeted group (aware of stereotypes - stereotype threat)

What steps are taken to manage diversity?

build culture that embraces diversity - make leaders accountable for diversity - diversity training programs - review HR practices - systematic (assess, set goals, monitor progress)

What are organizational ethics?

set of standards or conduct and moral judgements -> determine right vs wrong behaviour at work