UBC Phar400-employment-law 8Feb2013

UBC | Phar400Pharmacy Management

Employment Law EssentialsretailSOS.ca | Gerry Spitzner

February 8, 2013

Why you should stay awake during this

One of the biggest issues facing Canadian Businesses today is...

retailSOS.ca | Gerry Spitzner 3

The Most Common Areas of Dispute are…

◦ Employment Contracts—interpretation and enforceability of terms, conditions and clauses.

◦ Employment Dismissals / Terminations—wrongful, constructive and for cause.

◦ Notice for Terminated Employees—disputes over severance packages and terms of dismissal.

◦ Workplace Issues—harassment, violence, privacy, electronic media use, disability, medical leaves and absenteeism.

Employment and Labour Law Disputes


Overview of the main BC Employment and Labour Laws that govern the workplace.

Disclaimer: These items are intended for general informational purposes only and should not be construed or relied upon as legal advice. The legal issues addressed in these items are subject to changes in the applicable law. You should always seek competent legal advice concerning any specific issues affecting you or your business.

My Goal for today is...


What’s the difference?

◦ EMPLOYMENT LAW in Canada generally refers to the law governing the relationship of an individual employee to an employer,

◦ as distinguished from LABOUR LAW, the law of unionized COLLECTIVE BARGAINING relationships.

◦ Employment law is concerned mainly with wrongful dismissal, and a complex mass of statute law dealing with minimum labour standards, human rights, occupational health & safety (OHS) and workers' compensation.

Employment Law and Labour Law


Thoughtstarters

Human Rights Act and BC Human Rights Code

Employment Standards Act

Labour Relations

Workers Compensation Act

Personal Information Protection Act (PIPA)

Road Map for Today


Thought startersManaging The HR Process

Human resources management (HRM) is a process that can be effectively and productively managed.


Managing human resources is 10% law and 90% process – the fairness and consistency of your methods will determine your results.

Leadership, Communication and Systems are the key to fairness and consistency.

Thoughtstarter | Important Insight


People Are An Investment in The Business

◦ Human resources are a substantial investment for companies.

◦ Employees are your internal customers.

◦ People are your most important resource.

◦ HRM is an on-going process that constantly needs attention.

◦ Potential legal liability if HRM is not fair and consistent.

◦ Create a positive workplace

Thoughtstarter | Human Resources


“The most important thing in communication is hearing what isn't said” - Peter Drucker, management ‘guru’

The 3 Elements of Direct Face to Face Communication

◦ Words only account for 7% of any message

◦ Emphasis and Tone accounts for 38%.

◦ Body Language accounts for 55%.

Thoughtstarter | Communication


“You don't manage people; you manage things. You lead people.” – Grace Hopper

◦ Manage things including processes, tasks, jobs, numbers and information; lead people and teams.

◦ People are primarily emotionally driven; appeal to both the heart and the head.

◦ The quality of your employee's work experience has a direct impact on the quality of your customer's experience.

Thoughtstarter | Leadership


Do positive employee relations and practices affect customer experience?

◦ Obtaining a new customer costs 5 times more than retaining a loyal customer, and replacing an employee will cost 100% or more of that employee’s annual wages.

◦ Over 68% of customers leave a business relationship due to attitude and indifference.

◦ Consider the cost to acquire a customer and the potential Life Time Value ( L T V ) each one represents.

◦ Consider the cost of replacing & training a new employee.

Thoughtstarter | Customer Experience


Human RightsThere are currently four key mechanisms in Canada to protect human rights: 1. The Canadian Charter of Rights

and Freedoms, 2. The Canadian Human Rights

Act, 3. Human Rights Commissions,

and 4. Provincial human rights laws

and legislation.


Human rights laws operate in two jurisdictions: the federal and the provincial

◦ Canadian Human Rights Act is administered and enforced by the Canadian Human Rights Commission and Tribunal.

◦ British Columbia Human Rights Code is administered by the BC Human Rights Tribunal.

◦ Both pieces of legislation are similar in the protections they provide

◦ Neither the federal nor provincial legislation trumps or supercedes the other. Rather, the appropriate legislation is determined according to which level of government regulates a specific area.

Human Rights in Canada | Overview


A statute originally passed by the Parliament of Canada in 1977

◦ goal of extending the law to ensure equal opportunity to individuals

◦ based on a set prohibited grounds such as gender, race disability, sexual orientation or religion

◦ applied throughout Canada, but only to federally regulated activities

(ie Fed Govt Dept’s, Crown Corps, private companies such as airlines, banks, telephone, radio and TV stations)

◦ each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated

Canadian Human Rights Act


Most significant impact on HRM comes from human rights legislation.

Human rights law entitles every Canadian to equal opportunity to employment and the right to work each day free of discrimination and harassment.

Specifically, the act falls under the jurisdiction of the Federal Justice Department.

Comparable to Charter of Rights and Freedoms.

Canadian Human Rights Act


Examples of areas regulated by the federal government and governed by the Canadian Human Rights Act would include employment and services of:

◦ the federal government and all its ministries;

◦ all arms of the federal government such as the R.C.M.P. the Employment Insurance Commission or Canada Post;

◦ telecommunications, which are regulated by the CRTC, all inter-provincial transportation such as Air Canada and Via Rail;

◦ chartered banks, but not credit unions; and

◦ all unions attached to any of the above.

Human Rights | The Federal System


Prohibits discrimination in employment advertisements, wages, employment standards, and discrimination by unions and associations.

If another statute, such as the Worker's Compensation Act, conflicts with it, the BC Human Rights Code takes priority.

BC Human Rights Code


Discrimination and Harassment

◦ Discrimination and harassment is defined by it’s effect, not the intention.

◦ Does not have to be intentional to be illegal under the Code.

◦ It is the employer's responsibility to maintain working conditions free of discrimination and harassment,

◦ regardless of whether the employer is the cause of the discrimination or not.



Workplace & Sexual Harassment

◦ Serious issue in today's workplaces and can be quite costly for organizations.

◦ Ensuring a clear policy to address concerns and steps to try to resolve issues is a firm step to creating and maintaining a healthy workplace and avoiding legal turmoil.

◦ Employers are responsible for protecting their employees.

◦ Employers must investigate and deal with any harassment allegation.



Prohibited Grounds of Discrimination

◦ race, colour, ancestry, place of origin

◦ political belief, religion

◦ marital status, family status

◦ physical or mental disability

◦ sex, sexual orientation

◦ age

◦ conviction for a criminal or summary conviction offence that is unrelated to the job in question



Recruitment and selection

◦ Interviewing, reference checking

◦ Job postings

◦ The interview

◦ Making the offer

◦ Reference checks (calls from other employers)

◦ Social Media



The BC Human Rights Code, applies to employers, service providers and all provincially regulated businesses and agencies.

Examples of provincially regulated areas include:

◦ all provincial, local & municipal government departments, services/policies;

◦ schools and universities;

◦ hospitals and medical clinics;

◦ all private businesses & services such as stores, restaurants, movie theatres;

◦ credit unions;

◦ non-profit organizations and some of the services they provide;

◦ rental accommodations including hotels and rental property; and the purchase of either residential or commercial property.

Human Rights |The System in BC


BC Employment Standards Act

ESA is legislation enacted by the provincial government to protect the rights of working people.


The Employment Standards Act sets out the minimum standards that apply in most workplaces in British Columbia.

The Employment Standards Branch of the Ministry of Labour administers the Act.

The ESA--refers to the basic or minimum employment conditions in any organization.



The purposes of this Act

◦ Sections within the act outline the employers responsibility to their employees,

◦ Notably things such as minimum wage, meal breaks, dispute resolution and parental leave.

◦ The act also works to protect residents of the province by preventing employment discrimination.



Scope of this Act

◦ Applies to all employees other than those excluded by regulation. None of them are retail.

◦ If a collective agreement contains no provision respecting a matter, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms.



Wages and benefits

Pay administration and payroll records

Paydays

How wages are paid

Payroll records

Deductions

Assignments



Labour RelationsLabour relations--governs the relationship between a trade union and an employer.


The BC Labour Relations Board is...

◦ An independent, administrative tribunal with the mandate to mediate and adjudicate employment and labour relations matters related to unionized workplaces.

◦ The role of the union is to be the voice of employees, particularly during collective bargaining.

◦ As a result, not all organizations are covered by this legislation--only those that have unionized employees.

Labour Relations Board


Primarily concerned with collective bargaining and labour management relations in BC.

Governs all aspects of collective bargaining amongst the provincially-regulated employers and employees.

Guarantees the right of every employee to join a union.

Provides the means for union to be legally recognized as the exclusive bargaining agent for those employees.

Labour Relations Code


Collective Bargaining Agreements

◦ Collective bargaining produces a collective agreement which is a legal document outlining the terms and conditions of employment.

◦ Frequently referred to by the acronym of CBA.

◦ The labour contract sets down the relationship between the employer and the employees and among the employees themselves.

◦ The resolution of contract disputes is through a grievance procedure.

Labour Relations | CBA



This Act applies to all employers, and all workers in British Columbia except employers or workers exempted by order of the Board.


Workplace policies and practices must comply with applicable Occupational Health and Safety laws and regulations.

And with Workers' Compensation laws and regulations, which deal with compensation for accidents and disease.

Employees have a right to refuse to work without fear of reprisal if they believe it is unsafe for themselves or someone else.



Occupational Health and Safety (OHS)

◦ The OHS Regulation contains legal requirements that must be met by all workplaces under the inspection jurisdiction of WorkSafeBC.

◦ Many sections of the Regulation have associated guidelines and policies.

◦ Applies to all organizations and recent changes have placed more responsibility on employees for the creation and maintenance of a healthy and safe work environment.



OHS policy needs to be specific and deal with any unique workplace issues.

Here is a sample list of issues:◦ Smoking and scents

◦ Workplace violence

◦ Working alone

◦ Blood borne pathogens

◦ Substance abuse



Consider this list for Pharmacy...

◦ immunization, safe sharps disposal, returned

medication disposal, compounding labs, hazardous

materials, robbery prevention, ladders, step stools, box

cutters, deliveries, lifting, repetitive motion, anti-

fatigue flooring, height of the counter, lighting, air

conditioning, air quality, ventilation, first aid, repairs

and maintenance of broken drawers, flooring, counter

tops, staff washrooms, staff room.



Health and Safety Committee

◦ An employer must establish and maintain a joint health and safety committee.

◦ (a) in each workplace where 20 or more workers of the employer are regularly employed, and

◦ (b) in any other workplace for which a joint committee is required by order.



Work Safe BC

◦ Dedicated to promoting workplace health and safety for the workers and employers of BC.

◦ Consult with and educate employers and workers and monitor compliance with the Occupational Health and Safety Regulation.

◦ Assessments are a % of employers payroll and are based on classification. The employer pays.



Personal Information Protection Act (PIPA)

The Office of the Information and Privacy Commissioner (OIPC) is independent from government and monitors and enforces British Columbia's Freedom of Information and Protection of Privacy Act (FIPPA) and Personal Information Protection Act (PIPA).


The federal government brought the Personal Information Protection and Electronic Documents Act (PIPEDA) into force in January /04.

BC chose to introduce its own legislation, namely the Personal Information Protection Act (PIPA),

Which regulates the collection, use and disclosure of personal information by private organizations.

Personal Information Protection Act


Legal requirements

◦ To be in compliance with the Act, every organization in B.C. must have appointed a person to oversee their personal information policy.

◦ Provincial employment standards mandate the collection and retention of some specific employee information, particularly with respect to payroll.



Employee files and confidentiality

◦ ESA requires employers to keep certain employment records

Security of personnel files

◦ Set up secure location to store employee records

Employee access

Company website

◦ Privacy policy



Defined Employment Law and Labour Law HRM is 10% Law/90% process; fairness &

consistency Communication is key leadership

characteristic Manage things; lead people Four key areas of law as it applies to BC Human rights, Employments Standards Act,

Labour Code and Workers Compensation Act How Personal Info Protection Act applies to

employees

In Summary


Want a copy of this presentation with my speaker notes?

Email me◦[email protected]

Thanks


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Find me


Gerry Spitzner is an optimist with a natural "kid-like“ curiosity for improving life and business results. He believes in a bright future and our ability to build it together. Gerry is passionate about making the public aware of the great things Pharmacists do.

Drawing on 35+ years experience in multi-site retail Pharmacy operations, drug store ownership and the Pharmaceutical wholesale supply-chain; Gerry brings the leadership, knowledge and market awareness of business development to retail Pharmacy owners helping them achieve growth objectives. He teaches and inspires Pharmacists to achieve results by aligning their vision with marketing strategy and operational execution.

Fascinated with a lifelong curiosity for why customers buy and a passion for retail Pharmacy; Gerry guides leaders and organizations to create, engage and keep great customers by delivering the promise of an extraordinary customer experience. He has devoted his life to sharing his thinking with other Pharmacy leaders to manage market analysis and build business plans that increase profitability and create competitive advantage with systems to implement.

His company is retailSOS.ca, a Vancouver-based business management consultancy with a suite of outsourced business services to support Pharmacy owners starting, buying or strategically realigning their practice. With a clear understanding of the business of Pharmacy he uses a solution oriented focus with ideas and alternatives that clients can use to address the changing practice issues they face right now. Gerry understands who they are, what they need, and where to find it, helping them market and strategically realign their professional clinical services to integrate the business activities of optimal drug therapy outcomes through patient centered care.

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