HRM Quiz 2

Statue > Regulation > Policy > Procedure

Law passed by parliament: Rules to guide behaviour: Rules from an organization: Regulations to make the policy work

Duty to accommodate

requires employer to take steps to prevent people from being adversely affected by workplace requirements on the basis of a prohibited ground of discrimination.

Renaud Case

• Larry Renaud vs School board

• Religious accommodation, dismissed when accommodation not found

• Collective agreement had shift friday + Saturday, had sabbath friday + weekends.

• Court ruled in favour of Renaud:

  • Discrimination occurred because neutral policy had adverse effect on renaud due to religion

  • Employers should have accommodated, collective agreement is not excuse.

  • Did not have undue hardship

• Created duty to accommodate

Meiorin case

• British columbia (public service employee relation committee) vs BCGSEU

• Forest firefighter, new aerobic fitness standard vo2 max level

• Meiorin failed and was dismissed

• Test was discriminatory against women who have lower aerobic ability

• Court ruled in favour of meiorin;

  • standard was discriminatory

  • Not necessary for job

  • Not valid BFOR (bona fide occupational requirement)

Meiorin test

• Rational Connection
  The employer must show that the rule or standard was adopted for a purpose that is rationally connected to the job.

• Good Faith
  The employer must prove that the rule was adopted in an honest and good faith belief that it was necessary to the fulfillment of the work-related purpose.

• Reasonable Necessity
  The employer must demonstrate that the standard is reasonably necessary to accomplish the job's purpose, meaning it is impossible to accommodate the employee without causing undue hardship to the employer.

Bardel

• John Bardel advertising manager at the globe and mail

• Dismissed without cause with only 2 weeks pay vs what common law states

• Won case and got reasonable notice

• Created Bardal factors

• Cemented common law reasonable notice

Bardel Factors

• Character of the employment (e.g., managerial or entry-level)

• Length of service

• Age of the employee

• Availability of similar employment(i.e., how easily the employee could find a similar job)

McKinley

• Redefined just cause

• Mckinley working in management of BC tel, sued BC tel

• Requested leave of absence for blood pressure, gave incomplete information of condition

• Employer dismissal without notice

• McKinley won as his dishonesty did not violate employment contract, dismissal without notice was unjustified.

Undue Hardship

Employers are legally required to provide reasonable accommodation until it causes:

• Financial cost

• Size of employer’s operation's

• Interchangeability of the workforce and facilities

• Safety

• Provisions of any collective agreement

• Effect on employee morale

BFOR/Q

• a rule/policy that is permissible even if it is discriminatory

  • Rationally connected to the job

  • Adoption in good faith

  • Seems necessary and individuals cannot be accommodated

KVP case

• KVP co v lumbar and sawmill workers unions

• Created KVP test to see if workplace rule is enforceable in unionized workplace

• KVP pulp and paper company; prohibits employees form leaving during lunch break

• Arbitrator ruled that employers do not have authority to impose rules on unionized employees, must meet KVP test.

KVP test

workplace rule unilaterally imposed by the employer (i.e., not negotiated into the collective agreement) is only enforceable if it meets all of the following:

1. It must not be inconsistent with the collective agreement.

2. It must not be unreasonable.

3. It must be clear and unequivocal.

4. It must be brought to the attention of the employee(s) before the employer can act on it.

5. The employee(s) concerned must have been notified that a breach of the rule could result in discipline.

6. The rule must have been consistently enforced by the employer.

Grounds of discrimination

• Race

• National or ethnic origin

• Colour

• Religion

• Age

• Sex (includes pregnancy and childbirth)

• Sexual orientation

• Gender identity or expression

• Marital status

• Family status

• Disability (physical, mental, or developmental)

• Genetic characteristics (federally protected)

• Conviction for which a pardon has been granted or a record suspension ordered (federal)

Some mandatory acts

• Occupational health and safety act

• Pay equity act

• Workplace safety and insurance act

• Freedom of information and protection of privacy act

• AODA act

Ontario human rights code

provincial law that gives everybody equal rights and opportunities without discrimination in social areas:

• Employment

• Accommodation

• Goods and services

• Contracts

• Vocational associations and trade unions

10 Policies Must Have in Workplace

• AODA ; accessibility for ontarians with disabilities

• Health and safety

• Workplace violence

• Workplace harassment

• Privacy

• Right to disconnect

• Pay equity

• Right to know when being electronically watched

• No smoking

• WHMIS: workplace hazards materials information system

• Contruction: AED and Washrooms

Basic principles of communication

• Focus on situation, issue, behaviour

• Maintain self-confidence and self-esteem

• Maintain constructive relations with employees, peers and managers

• Take initiative to make things better

• Lead by example

• Think beyond the moment

• EXTRA: What are we trying to convey VS how is our message being received

Residual management rights theory

All rights not specifically negotiated by the union remain within the domain of the employer

Estoppel

Past conduct or representations of a party may prevent it from enforcing strict rights under the collective agreement

Conflict resolution terms

• Accommodation - low in concern for results high in concern for people

• Avoidance - low in concern for results and people

• Compromise - medium in concern for results and people

• Aggression - high in concern for results and low in concern for people

• Collaboration - high in concern for results and people

Negotiation process

• Direct bargain before strike/any other action

• Must apply to conciliation office for an officer

• Get conciliation officer

• Conciliation officer tries to make deal/engages in conciliation

• No-board report; parties are too far apart, and board cannot help so LRB issues no-board report

• 17 days after union can strike or company can lock-out or, arbitration

  • 15 but 2 days for mail.

Dimensions of collective bargaining

• Technical

• Strategic

• Psychological

• Emotional

Steps of collective bargaining

1. Preparation

   • For process and assign participants roles

2. At the table

   • Set expectations, feedback, decisions, recognize steps and make progress.

3. Concluding agreement

   • Reach closure, associate documents, communicate

4. Implementation

   • Follow-up, deal with issues, build relationship