CHAPTER 2

The Legal Framework of HRM

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
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LEARNING OUTCOMES
(continued)
Describe the line managers
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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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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THE LEGAL FRAMEWORK IN

CANADA
Two sets of legislation
Federal
Provincial and territory

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Education Ltd.

FEDERAL EMPLOYMENT
LAWS
Canada Labour Code
Canadian Human Rights Act
Personal Information Protection
and Electronics Documents Act
(PIPEDA)

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Education Ltd.

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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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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PROHIBITED GROUNDS OF
DISCRIMINATION

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BONA FIDE OCCUPATIONAL

QUALIFICATION
Justifiable discrimination
Able to set certain
qualifications based on job
requirements that can
discriminate

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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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ENFORCEMENT OF HUMAN
RIGHTS LEGISLATION
Complaint-driven
Investigation
Determination of reasonable
cause
or not
Resolution/reconciliation
Decision
Acceptance or appeal
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HUMAN RIGHTS
ENFORCEMENT

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16

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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LABOUR RELATIONS
LEGISLATION

Governs process and

procedures between trade
unions and employers
Administered through a labour
relations board

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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
disadvantagedexcludes certain
groups
Women
Visible minorities
Aboriginal people
People with disabilities
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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 everyones background
for business success
Voluntary
Inclusivenot the same as
employment equity
Need to create environment for
success
Treat people as individuals
Link directly to business objectives
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