1. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 1 The legal context for human resource management Chapter 3

2. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-2 Legal context for HRM  Objectives ÙUnderstand the legal context for HRM in Australia. ÙIdentify the major laws related to equal employment opportunity and the protection provided by each of these laws. ÙIdentify types of discrimination and how managers can prevent these. ÙIdentify behaviour that constitutes sexual harassment and strategies that can be used to prevent sexual harassment.

3. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-3 Legal context for HRM  Objectives (continued) ÙIdentify the issues related to affirmative action. ÙDiscuss the legal issues involved with HR activities such as recruitment and selection. ÙDiscuss the HRM implications of privacy laws. ÙDiscuss the legal issues involved in termination of employment.

4. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-4 Sources of legal obligations for employers and employees in Australia  Common law  Statutes  Statutory agreements  Awards  Employment contracts

5. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-5 Common law  Law developed from court decisions or the judgments that guide the interpretation of legal obligations.

6. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-6

7. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-7 Statutes  Acts and regulations of parliament (federal, state or territory) which legislate the minimum legal obligations and conditions that apply in the employment relationship.

8. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-8 Examples of legislation related to employment  Workplace Relations Act 1996 (Cwlth)  Equal Opportunity for Women in the Workplace Act 1999 (Cwlth)  Privacy Amendment (Private Sector) Act 2000 (Cwlth)  Workplace Health and Safety Act 1999 (Qld)  See Table 3.2 for more examples

9. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-9 Statutory agreements  Australian Workplace Agreements (AWAs) ÙAgreements negotiated directly between an employer and employee(s), introduced under the Workplace Relations Act (WRA) 1996.  Certified Agreements ÙAgreements based on negotiations between an employer and employee or their union(s). These agreements are registered by an industrial tribunal.

10. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-10 Awards  Written determinations created by federal or state industrial tribunals, specifying the minimum terms and conditions of employment, such as hours of work, minimum pay, and types of leave allowable.

11. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-11 Employment contracts  An agreement between employer and employee, which may be either formal/written or informal/verbal.

12. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-12 Equal employment opportunity (EEO)  Attempts to ensure that all individuals have an equal chance for employment, regardless of characteristics such as ethnic or national origin, religion, sex, or age.

13. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-13 Discrimination  Acts involving a distinction, exclusion, restriction or preference between one individual or group and another, which has the purpose or effect of disadvantage to one.

14. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-14 Discrimination  Direct discrimination: the direct and less favourable treatment of one individual or group with a certain attribute, in comparison with treatment of another individual or group (without that attribute).  Indirect discrimination: practices that may appear on the surface to be fair but result in disadvantage to an individual or group.

15. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-15 Affirmative action (or positive discrimination)  Refers to the practice of providing favourable treatment to groups that have been disadvantaged in the past.

16. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-16 Sexual harassment  Unwelcome sexual advances  Hostile working environment ÙWhen someone’s behaviour in the workplace creates an environment that makes it difficult for a person to work.

17. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-17 Privacy and surveillance legislation  Privacy Amendment (Private Sector) Act 2000 (Cwlth)  See www.privacy.gov.au

18. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-18 Termination of employment  Unfair dismissal  Wrongful dismissal  Unlawful termination

19. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-19 Grounds for dismissal  Dismissal on notice  Summary dismissal  Redundancy or retrenchment

20. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-20 Summary  HRM must operate within legal constraints.  All managers need a good understanding of legal requirements and prohibitions.

21. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-21 Occupational health and safety (OH&S)  The physical, physiological and psychosocial conditions of an organisation’s workforce, related to aspects of work and the work context.

22. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-22 Occupational health and safety (OH&S)  Objectives ÙDiscuss the legal issues involved with occupational health and safety. ÙDiscuss the strategic HRM issues related to occupational health and safety.

23. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-23 Occupational health and safety (OH&S)  There are at least 2,900 work-related deaths in Australia each year.  In 1997-98: Ù392 compensated fatalities in Australia Ù368 of these were males Ù117,464 new workers’ compensation cases reported Ù3579 were managers/administrators (lowest) Ù43,210 were labourers and related workers (highest) Ùaverage cost per case = $6,492

24. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-24 OH&S legislation  National Occupational Health and Safety Commission Act 1985 (Cwlth)  State and territory legislation ÙDuty of care principle ÙCommon requirements in Acts: Üpromotion of OH&S in the workplace Üprovision of safe work systems Üprevention of industrial injuries and disease Üprotection of public health and safety in relation to work activities Ürehabilitation and maximum recovery from incapacity of injured workers.

25. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-25 Safety climate  The attitudes, beliefs, perceptions and values shared by employers and employees in relation to safety.

26. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-26 Safety climate  Includes factors such as: ÙPractices and procedures ÙCommunication of OH&S issues at the workplace ÙImportance of OH&S in training and performance appraisal ÙManagement attitudes about OH&S ÙSafety of equipment and facilities ÙManagement actions in response to OH&S issues ÙEmployee understanding of OH&S policies and procedures ÙEmployee participation in activities related to OH&S.

27. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-27 Steps in OH&S management and safety awareness programs ÊOH&S data collection ËEvaluation of severity, risk and costs of OH&S hazards and implementation of OH&S programs ÌImplementation of an assessment and feedback system ÍMonitoring and evaluation of OH&S programs against stated goals and objectives ÎImplementation of safer and healthier working conditions and practices, to promote OHS in the future

28. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-28 OH&S and other HRM activities  Job design  Health promotion, training and development programs  Diversity management  Employee health promotion programs  Compensation management

29. Copyright  2003 McGraw-Hill Australia Pty Ltd. PPTs t/a Human Resource Management in Australia: Strategy-People-Performance by De Cieri & Kramar 3-29 Summary  OH&S strategies and practices can contribute to the competitive advantage of the organisation.  Components of an OH&S program should be integrated with the overall strategies and practices of the organisation.