1. Employment Legislation
Reiterate vision
Acknowledge expectations of session – high level overview to provide idea of future training opportunities – may not be able to answer detailed Q&A
Possibly help provide insight and suggestions for regional training
Client example to link importance of this work – I’m still working on this.
OPRAH Training 2009

2. Employment Legislation
Key legislative points relating to the employee life cycle
What you need to do
Where to get more information
OPRAH Training 2009

3. Of those activities which are impacted by legislation?
What human resource activities are you involved in?
Of those activities which are impacted by legislation?
What are those various laws?
OPRAH Training 2009

4. The Employee Life Cycle
Training &
Development
On-boarding
Recruiting
Performance
Management
Job Design
Promotions
Job advertisements
Interviewing
Job offers
Reference verification
Union relations
Employee relations
Termination
Exiting
-Termination
-Resignation
Leaves of
Absence
Compensation
OPRAH Training 2009

5. Legislation Employment Standards Act Occupational Health & Safety Act
Human Rights Code
Bill 107
Privacy Act
Labour Relations Act
Libel & Slander Laws
Contract Law
What are some examples of legislation that might impact your HR practices in an ASO?
OPRAH Training 2009

6. The Employee Life Cycle
EMPLOYMENT
STANDARDS
HUMAN RIGHTS
Training &
Development
On-boarding
Recruiting
Performance
Management
Job Design
Promotions
Job advertisements
Interviewing
Job offers
Reference verification
Union relations
Employee relations
Termination
Exiting
Leaves of
Absence
Compensation
HEALTH & SAFETY
OPRAH Training 2009

7. Employment Standards Resolving Disputes Minimum Wage Termination
Maternity Leave
Weekly Day of Rest
Deductions
Keeping Records
Sexual harassment
Probationary Periods
Parental Leave
Definition of employee
Minimum Wage
Meal Breaks
Payment of Earnings
Hours of work
Overtime
Statutory Holidays
Annual Vacation
Vacation Pay
Employment of People under 18
Leave from Work
Employment Standards are the minimum standards of employment for workplaces required by law. Employment Standards cover many aspects of employment including, but not limited to, the following topic areas:
Any HR policies that you develop around the above topics, and any others covered by employment standards, must not provide less than what is offered in the legislation and/ or regulations. The Employment Standards legislation offers minimum standards; employers are free to develop policies or practices that enhance (provide better standards) than what is allowed for in the law.
Public Holidays 8 days Family Day in Feb 2008 – 3rd Monday of each month
New Years Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
OPRAH Training 2009

8. Employment Legislation Offers of Employment
Start of the employment contract:
Job title, start date, end date
Reporting relationship
Hours, rate of pay, vacation, benefits
Probationary period
Performance review timing
Reference to policies
Reference to job duties/description
Terms for ending employment
An employment agreement sets out the terms and conditions of the relationship between an employer and an employee. It states the obligations they have to each other and the benefits they will receive from each other. Each agreement must be tailored to suit an individual employment relationship.
Employment agreements do not necessarily need to repeat terms and conditions set out in the ASO’s policies. Employment agreements may need to be more detailed if policies are not in place or if the particular position has specific requirements. For example, overtime rules may be specific to the position, or the employee may have access to confidential information because of the work they do.
OPRAH Training 2009

9. Human Rights Birthplace Religion Ancestry Creed Ethnic origin Colour
Place of origin Citizenship
Sexual orientation Education
Family status Record of offenses
Marital status Disabilities
Same-sex Age
partnerships Race
Sex Organization memberships
OPRAH Training 2009

10. Human Rights Recruitment ads Application forms Interviews Hiring
Dismissal/termination
Promotion
Demotion
Benefits
Wages
Workplace harassment
Human rights legislation is put in place to protect people from discrimination. It seeks to guarantee people equal treatment regardless of a particular identity or historical oppression in relation to employment, offers of employment and in other instances not related to employment.
Employers, including non-profit/voluntary sector employers, need to be aware of human rights legislation as it applies to all practices of employment, including:
Most human rights complaints come from the workplace. As voluntary/non-profit organizations strive to create a better world through their missions, it is important that they also work at creating inclusive workplaces that are respectful and welcoming of diversity.
It should be kept in mind that not all types of discrimination, nor all acts of discrimination are illegal. For example, refusing to hire a person who has an earring through their eyebrow is unlikely to be an illegal discriminatory act, no matter how unfair it may seem. In this case it would be difficult to fit the discriminatory act into one of the prohibited grounds. Sometimes, however, there can be a discriminatory act, but it is allowed because there is something which overrides the individual's rights. For example, in Canadian National Railway Co. v. Canada (Human Rights Comm.) and Bhinder the Supreme Court of Canada decided the requirement of wearing a hard hat is a bona fide occupational requirement and does not amount to discrimination of the basis of religion. This meant that the employment of a Sikh worker could be terminated if he refused to wear a hard hat.
OPRAH Training 2009

11. Occupational Health & Safety
Rights & Responsibilities
Hazards
Build Safe Work
The Workplace Safety & Insurance Board oversees Ontario's workplace safety education and training system, including First Aid, provides disability benefits, monitors the quality of health care, and assists in early and safe return to work." The WSIB promotes the sharing and use of information and resources that will help workplaces make their work, safe work.
While not all employers are required to be registered with the WSIB, everyone has health and safety responsibilities under the Occupational Health & Safety Act
Rights & Responsibilities: Everyone fully participating and exercising their responsibilities is essential for a safe workplace. Understand the legal rights and responsibilities of workplace parties. Hazards: Every workplace has them. Find out about some workplace hazards and how to prevent them. Build Safe Work: Build health and safety into your day to day work and make sure everyone has the training and resources they need to work safe. The result will be culture and system to keep your workplace free of injury and illness.
OPRAH Training 2009

12. ASO Responsibilities Keep a Safe and Well-Maintained Workplace
Provide Hazard Information, Proper Safety Equipment, Training and Competent Supervision
Provide First Aid Training and First Aid Kits
Post the WSIB In case of Injury at Work poster (Form 82)
Post the Occupational Health and Safety Act
Have Worker Representation for Health and Safety
In addition to providing tip of the iceberg information, we wanted to give you some take away pieces today.
Keep a Safe and Well-Maintained Workplace You are required by law to take all reasonable precautions to protect your workers from illness or injury.
Provide Hazard Information, Proper Safety Equipment, Training and Competent Supervision
Provide First Aid Training and First Aid Kits
Post the WSIB In case of Injury at Work poster (Form 82)
Post the Occupational Health and Safety Act The Act is printed as a small green book and should be posted in a prominent place.
Have Worker Representation for Health and Safety If you have 20 or more workers you must maintain a Joint Health and Safety Committee (JHSC). Workplaces with more that 5 workers but less than 20 are required to have a Health and Safety Representative
OPRAH Training 2009

13. Employment Legislation
Understand that all aspects of the employee life cycle are impacted by legislation
Examine and update current practices at your ASO
Where to get more information
OPRAH Training 2009