Essentials of Canadian HR Law - Ontario Specific
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The document provides an agenda for a training session on human resources law. It includes: - Four sessions between 9:00am and 3:45pm with breaks in between - Topics to be covered include harassment, discrimination, discipline and termination, recruiting and interviewing, and performance management - The WiFi code needed to access the presentation is provided
Essentials of Canadian HR Law - Ontario Specific
- 1. The Essentials of Human Resources Law Presented by: Wade Farquhar WiFi Code: CFJ6GD
- 2. 9:00 First session 10:00 Fifteen minute break 10:15 Second session 12:00 Lunch 1:00 Third session 2:15 Fifteen minute break 2:30 Fourth Session 3:45 Complete course evaluations 4:00 Dismiss Today’s schedule:
- 3. What would you do with 20% more time per week?
- 4. Overview of federal and provincial labour law What we will cover today: Harassment and workplace violence Discrimination Discipline and termination Recruiting and interviewing Effective policy communication and documentation Performance management 2 3 4 5 6 7 1
- 5. Link for this presentation: www.Slideshare.net/leanteams
- 6. The Risk Continuum Danger Zone Neglect Proactivity Safety Zone
- 7. Labour laws.Know the primary resources.
- 8. Know your jurisdiction. KEY POINTSTO UNDERSTANDING LABOUR LAW: 1 Understand your employment standards. Understand you OSH standards. Understand human rights standards. Stay current on recent interpretations of the law. 2 3 4 5
- 9. • Canadian employers are either federally or provincially regulated, but not both. • The primary industry within which a business operates determines its jurisdiction. • Industries that are inter-provincial and/or international in scope are federally regulated. • All other businesses are provincially regulated. Splits in Federal and Provincial Jurisdiction
- 10. • Banks • Marine shipping, ferry and port services • Air transportation, including airports • Railway and road transportation • Canals, pipelines, tunnels and bridges • Radio and television broadcasting • Grain elevators, feed and seed mills • Uranium mining and processing • Businesses dealing with the protection of fisheries • Many First Nation activities • Crown corporations • Private businesses necessary to the operation of a federal act Federally Regulated Industries
- 11. Regulates the employment standards for Federally regulated companies. The Canada Labour Code The Canada Human RightsTribunal Decides employment equity disputes for Federally regulated companies.
- 12. • Conduct a workforce survey. • Perform a workforce analysis. • Conduct an employment systems review. • Prepare, implement, monitor, review and revise an employment equity plan that includes short-term and long-term goals. • Consult with employee representatives on your employment equity plan. • Introduce positive measures to accommodate protected classes. • Provide information to your employees on the purpose of employment equity. • Maintain employment equity records. • Report annually to the Minister of Labour by June 1. • Submit to a compliance audit by the Canadian Human Rights Commission. For more information see the Federal Labour Equity Standards Federally Regulated Company Obligations:
- 14. Ontario Employment Standards. Framework for Ontario Labour Law: 1 Required postings. Workplace safety regulations. Required documents to keep make accessible. Inspections and audits. 2 3 4 5
- 15. • Work schedule: 8 hours per day, 48 hours per week. • Averaging work time: Must receive approval from the Director of Employment Standards. • Employing minors: Children under 16 require permit. • Pay (minimum wage): $11/hr. for now. • Termination: See termination chart. • Vacation: 4% of gross wages. • Overtime: Calculates on a weekly basis over 44 hours. • Holidays: 9 mandatory public holidays. • Leaves: 3 new leaves introduced last year. Ontario Employment Standards
- 16. Employment Standards in Ontario Required Postings: 1 Health & Safety atWork: Prevention Starts Here Occupational Health and Safety Act The company’s health and safety policy The company’s violence and harassment policies 2 3 4 5 6 7 The names of the company’s safety committee In case of injury poster For more information about required postings click here.
- 18. • The “Green Book” • Order the Green book and other publications here. • The company’s Health and Safety Plan. • Introduction to OHSA for employers. • E-learning link for supervisor safety and health. • E-learning link for worker safety and health. • For more information on a health and safety plan or employee training click here. Specifically see the resource titled Close the Loop. • To see the Ministry’s FAQ page click here. Workplace Health and Safety
- 19. • The point is to create an Internal Responsibilities System. • Be aware of Inspection Blitzes and Initiatives. Compliance and SiteAudits
- 20. Harassment. Protect your people. Protect your organization.
- 21. • An attempt to exercise physical force against and employee in a workplace. • Statements or behavior that an employee could reasonably interpret as a threat. • Words or actions that could be reasonably known to be unwelcomed attention. • Harassment is not managing employee performance. • See more information on understanding the law here. Understanding what workplace violence and harassment are… and what they are not
- 22. • Recognize the hazards of the workplace violence. • Assess the risks of workplace violence. • Control the risks of workplace violence. • Monitor and evaluate. • For an example of a workplace violence policy click here. • For an example of a harassment policy click here. • For more information on creating a workplace violence and harassment policy click here. Creating a Workplace Violence & Harassment Policy
- 23. Discrimination
- 24. Protected Classes Federal • Women • Persons with disabilities • Aboriginal people • Status Indians • Non-status Indians • Métis • Inuit • Visible minorities Provincial • Race • Ancestry/ethnicity • Colour • Citizenship • Creed (religion) • Sex (including pregnancy and gender identity) • Sexual orientation • Age • Marital status • Family status • Receipt of public assistance • Record of offences (in employment only).
- 25. Bona Fide Occupational Requirements The standard or requirement : • Adopted for a purpose or goal that is rationally connected to the function being performed. • Adopted in good faith in the belief that it is necessary for the fulfillment of a job-related purpose or goal. • Is reasonably necessary to accomplish its purpose or goal and the employer cannot accommodate persons with the complainant’s characteristics without incurring undue hardship.
- 27. • Canada Labour Code • Ontario Ministry of Labour (ESATools) • Ontario Occupational Health and Safety • Canada Human RightsTribunal • Ontario Human Rights Commission • Human RightsTribunal of Ontario • Canadian Law Society QUICK CLICKS TO SAVE YOU TIME:
- 29. • How many of you have ever been disappointed by someone that you hired? • How many of you have called a candidate who sent you his/her resume only to hear that he/she had already found a job? • Let’s talk about your recruiting process: • What does your process look like? • Where do you usually find the best candidates?
- 30. Job Audit Key Competencies Job Description Interview Deck Letter of Employment Performance Evaluation
- 31. • Time multiplier. • Over 3700 pre-written and customizable job descriptions. • Automatically creates behaviour-based interview deck and performance evaluations. • Set, track, and measure performance objectives for performance evaluations. • Over 100 pre-written policies with a customization wizard included. • Employee record and history management system. • Employee note-keeping and record management system.
- 32. Interview Incumbents & Supervisors Perform a job audit: • Job duties • Responsibilities • Equipment used • Work relationships • Work environment
- 33. Key Competency Categories Tangible/measurable skills Concrete, technical skills Knowledge What applicant knows and how s/he thinks Behaviour Past actions indicates future behaviour in given situations Interpersonal skills Interaction with others
- 34. Other Important Resources Service Canada Specifically this link that deals with HR management and hiring. Jobs Bank The Jobs Bank now has an employer support page that is free. Jobs Bank Matching Feature Click here to sign up for the feature with your account. LinkedIn Recruiter A great resource to post jobs and search for passive candidates.
- 35. Interviewing.
- 36. Behaviour-Based Interviewing • “Describe a time when you…” • “Tell me about a time when you…” • “Give an example of a time in which you…” • “Give me an example of an occasion when you…” • “What did you do in your last job in order to…” • “How often in the past year were you called upon to…” • “Describe a situation in which you felt ______.
- 38. ScreeningTool
- 39. Drug Testing Not Acceptable: • Pre-employment drug testing • Pre-employment alcohol testing • Randon drug testing • Random alcohol testing of employees in non-safety- sensitive positions Acceptable: • Random alcohol testing of employees in safety-sensitive positions. For more information see the Canada Human Rights Commission’s Policy on Alcohol and Drug Testing here.
- 41. • Why are we discussing page 17 in the book? • Because the most logical point to think about developing a performance evaluation form is after the interview process. • Plan out the employee’s performance objectives/measurements of success at the point of hire. • You are going to RAPwith your employees • Review • Analyze • Plan Go to page 17 in your book.
- 42. • That is a lot of paper. How are you going to keep all of this straight? • HR is responsible for tracking all employee information. • One of the main reasons to track this information is to protect from future litigation. • Should a claim of wrongful termination, discrimination, constructive dismissal, etc. ever be made, your employee files would be subpoenaed. • Would you feel comfortable having your files audited now? Documentation – Page 18
- 44. HR Magazine reports that companies investing $1,500 or more per employee per year on training average 24% higher profit margins than companies with lower yearly training investments.
- 46. Go back to pg. 10 in your book.Performance gaps typically move from less to more subjective Attendance - objective Performance – somewhat subjective Conduct – usually subjective
- 47. 1. Confront poor performance. 2. Identify the problem. 3. Review actual performance. 4. State desired results. 5. Determine the cause. 6. Has there been a positive change in the employee’s behavior. Discipline Without Punishment Solutions
- 48. • Use the 5 why’s to locate the root cause of the issue. • Can the employer accommodate? • What are the accommodation measures proposed by the employee? • Do these measures cause and undue hardship? • Will these measures enable the employee to meet specific performance objectives? Root Cause Analysis
- 49. Procedural Steps for Corrective Action • Coaching and counseling Does employee know what was expected of them? • Retraining, if necessary Can training or retraining correct the problem? • Verbal warning Full statement of problem. • Written warning Recapitulation of the problem together with history of interaction between employer and employee, and a statement about the employee’s future status if the problems aren’t corrected. • Suspension • Demotion • Termination If it comes to this point the employee should have “fired themselves.” See the Canada Labour Code on terminations for more information here.
- 50. Downsizing.
- 51. • Layoffs must be justified. • Appoint a layoff committee. • Stay in contact with the selection committee. • Consult with an attorney. • Establish the criteria for layoffs and follow it with objectivity. • Review your list of layoff candidates for possible claims of discrimination. • Decide which benefits will be extended to affected employees. • Review cost sharing possibilities here. Layoffs
- 52. Payroll Recruiting Training and onboarding Time and attendance Benefits information Employee Assistance Programs Document servicing and IT Documentation – BambooHR Outsourcing
- 53. No really, we are almost done.
- 54. 1. Regular Benefits 2. Maternity and Parental Benefits 3. Sickness Benefits 4. Compassionate Care Benefits 5. Fishing Benefits Employment Insurance
- 55. • Provincial governments • Municipalities • School boards • Universities • Colleges of applied arts and sciences • Post-secondary institutions • Hospitals • Boards of health • Agencies established by the province • Entities appointed by the Lieutenant Governor • Office of the Lieutenant Governor • Hydro One Public Sector Salary Disclosure
- 56. A policy should be: • Broad: contains a goal statement • Comprehensive: covers every aspect of relevant personnel activities • Livable: fits around the realities of both the organization and the world around it • Inviolate: allow for no exceptions, unless the policy itself fails to cover a situation • Authoritative: identifies responsibilities, accountabilities and consequences Policies and Procedures
- 58. Link for this presentation: www.Slideshare.net/leanteams