UBC Phar400 Employment Law-11Oct2013
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Presented to 4th year Pharmacy students at UBC Pharmaceutical Sciences in the Phar400 Pharmacy Business Management course. As part of the curriculum students are required to work in teams to create a new sustainable professional clinical service supported by a business plan. At the end of the semester the teams present in a "pitch" to classmates and a panel of judges. Winners are determined by their peers. In this third presentation of the semester we review Employment Law and the rules that govern the workplace in Canada and in particular British Columbia. Learning objectives: >Human Rights Act and BC Human Rights Code >Employment Standards Act >Labour Relations >Workers Compensation Act >Personal Information Protection Act (PIPA) >Employment interviews
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UBC Phar400 Employment Law-11Oct2013
- 1. pharmacySOS.ca | Gerry Spitzner October 11, 2013
- 2. Overview of BC Employment and Labour Laws that govern hiring and 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. pharmacySOS.ca | Gerry Spitzner 2
- 3. Thoughtstarter/important insight Human Rights Act and BC Human Rights Code Employment Standards Act Labour Relations Workers Compensation Act Personal Information Protection Act (PIPA) Employment interviews pharmacySOS.ca | Gerry Spitzner 3
- 4. Hiring staff and 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. Talk to the head; speak to the heart. Manage things; lead people. Hire for attitude; train for skill. pharmacySOS.ca | Gerry Spitzner 4
- 5. One of the biggest issues facing Canadian Businesses today is...
- 6. 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. pharmacySOS.ca | Gerry Spitzner 6
- 7. 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. pharmacySOS.ca | Gerry Spitzner 7
- 8. There 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. pharmacySOS.ca | Gerry Spitzner 8
- 9. 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. pharmacySOS.ca | Gerry Spitzner 9
- 10. 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 pharmacySOS.ca | Gerry Spitzner 10
- 11. 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. pharmacySOS.ca | Gerry Spitzner 11
- 12. 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 interprovincial transportation such as Air Canada and Via Rail; ◦ chartered banks, but not credit unions; and ◦ all unions attached to any of the above. pharmacySOS.ca | Gerry Spitzner 12
- 13. 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. pharmacySOS.ca | Gerry Spitzner 13
- 14. 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. pharmacySOS.ca | Gerry Spitzner 14
- 15. 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. pharmacySOS.ca | Gerry Spitzner 15
- 16. 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. pharmacySOS.ca | Gerry Spitzner 16
- 17. 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 pharmacySOS.ca | Gerry Spitzner 17
- 18. Recruitment and selection ◦ Interviewing, reference checking ◦ Job postings ◦ The interview ◦ Making the offer ◦ Criminal reference checks ◦ Social Media pharmacySOS.ca | Gerry Spitzner 18
- 19. ESA is legislation enacted by the provincial government to protect the rights of working people. pharmacySOS.ca | Gerry Spitzner 19
- 20. 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. pharmacySOS.ca | Gerry Spitzner 20
- 21. 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 and to promote the fair treatment of employees and employers . pharmacySOS.ca | Gerry Spitzner 21
- 22. Scope of this Act ◦ Applies to all employees other than those excluded by regulation. None of the exclusions are retail or Pharmacy related. ◦ 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. pharmacySOS.ca | Gerry Spitzner 22
- 23. Labour relations--governs the relationship between a trade union and an employer. pharmacySOS.ca | Gerry Spitzner 23
- 24. 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. pharmacySOS.ca | Gerry Spitzner 24
- 25. 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. pharmacySOS.ca | Gerry Spitzner 25
- 26. 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. pharmacySOS.ca | Gerry Spitzner 26
- 27. This Act applies to all employers, and all workers in British Columbia except employers or workers exempted by order of the Board. pharmacySOS.ca | Gerry Spitzner 27
- 28. 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. pharmacySOS.ca | Gerry Spitzner 28
- 29. 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 aimed at preventing injury and disease and promoting good health. ◦ 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. pharmacySOS.ca | Gerry Spitzner 29
- 30. Consider this list of OHS 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. pharmacySOS.ca | Gerry Spitzner 30
- 31. 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. pharmacySOS.ca | Gerry Spitzner 31
- 32. 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). pharmacySOS.ca | Gerry Spitzner 32
- 33. 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. pharmacySOS.ca | Gerry Spitzner 33
- 34. 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 resumes used for recruiting. pharmacySOS.ca | Gerry Spitzner 34
- 35. The point of an employment interview is for the prospective employee and his or her potential employer to learn about one another and to determine whether or not they can work together successfully pharmacySOS.ca | Gerry Spitzner 35
- 36. Planning and preparation are the first steps Job relevance is the key factor Legal and illegal inquiries How to deal with information that is volunteered Consistency equals fairness Plan same questions for all candidates pharmacySOS.ca | Gerry Spitzner 36
- 37. Following are some of the key areas covered by fair hiring laws… interview questions do’s and don’ts. Affiliations: ◦ Do not ask about clubs, social organizations, or union membership; do ask about relevant professional associations. Age: ◦ Do not ask a candidate's age other than, "if hired," can a candidate produce proof that he or she is 18 years of age. Alcohol or Drug Use: ◦ The only allowable question relating to current or past drug or alcohol use is, "Do you currently use illegal drugs?" pharmacySOS.ca | Gerry Spitzner 37
- 38. Criminal Record: ◦ Do not ask if a candidate has been arrested; you may ask if the candidate has ever been convicted of a crime. Culture/Natural Origin: ◦ You may ask if the individual can, "upon hire," provide proof of legal right to work in Canada. You may ask about language fluency if it is relevant to job performance. Colour/Race: ◦ No race-related questions are legal. pharmacySOS.ca | Gerry Spitzner 38
- 39. Disability: ◦ You may ask if candidates can perform essential job functions, with or without reasonable accommodation; and you may ask them to demonstrate how they would perform a job-related function. You may ask about prior attendance records. And you may require candidates to undergo a medical exam after an offer of employment has been made. Marital/Family Status: ◦ Questions about marital status and family issues are discouraged except as they relate to job performance, as in the child care example. pharmacySOS.ca | Gerry Spitzner 39
- 40. Personal: ◦ Avoid questions related to appearance, home ownership, and personal financial situation. Religion: ◦ If Saturday or Sunday is a required work day, you may ask candidates if they will have a problem working on those days. Sex: ◦ You may ask if a candidate has ever worked under another name. Be sure not to make gender-related assumptions about job capabilities. pharmacySOS.ca | Gerry Spitzner 40
- 41. 'I don't think that question is appropriate' There isn't any piece of legislation that protects someone from inappropriate or invasive questions How to ask a personality question How an interviewee should respond to a particularly nosy or irrelevant question pharmacySOS.ca | Gerry Spitzner 41
- 42. Want an electronic copy of this presentation? ◦ Email me; gerry@pharmacySOS.ca To your business and professional success, thank you for your attention. Questions? pharmacySOS.ca | Gerry Spitzner 42
- 43. Follow Twitter: Connect LinkedIn: Web: Blog: Email: Online Biz Card: @passion4retail Gerry Spitzner pharmacySOS.ca gerryspitzner.com gerry@pharmacySOS.ca gerryspitzner.tel pharmacySOS.ca | Gerry Spitzner 43
- 44. 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 and 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 pharmacySOS.ca, a Vancouver-based business management consultancy with a suite of business services focused on supporting 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 and clinical services to integrate the business activities of optimal drug therapy outcomes through patient centered care. pharmacySOS.ca | Gerry Spitzner 44
Notes de l'éditeur
- In the near future, either you’ll be in an interview for a position; and/ora situation that requires you to interview prospective candidates for a job.Whether as an employee; employer or manager; work is a big part of life, and everyone should know their rights and obligations about the work they do and the importance of working safely on the job.Therefore, it’s important that you at least have a basic understanding of the laws that govern the workplace.Finding, interviewing, hiring, training, motivating, coaching, disciplining, developing and keeping great employees is one of the highest priorities in any business.The quality and effectiveness of the Pharmacy is determined by the quality of the people that are employed. Success depends on finding the employees with the people skills to successfully perform the tasks required to attain the Pharmacy’s strategic goals.We are in a high service people business focused on patient outcomes and customer experience.In order to get the most out of staff, positive human resource management integrates all processes, programs, and systems in every Pharmacy.Understanding Employment Law why, how and what is essential to finding, developing and keeping great staff. Without fairly and consistently applying the basics of Employment Law; staff will either rebel or leave. Neither of which is a good outcome for the workplace environment. And of course, the entire organization is impacted by its environment. By paying careful attention to these facts, an organization can recruit competent, high-performing employees who are capable of sustaining their performance over the long term and helping the Pharmacy achieve a positive customer experience. Management decisions, processes and communications for dealing with employees are critical to ensure that the Pharmacy gets and keeps the right staff.
- My goal for you today is…a focus on BC emp law.However, it is important to note that Canadian employment laws are not universal. And Employment legislation in the US is different than in Canada; where the laws in the U.S. are more centralized and whereas the employment laws in Canada are decentralized to the provincial level.All employees in Canada are covered by the Canadian employment and labour laws, most by provincial laws and the rest by the federal Canada Labour Code. Further complicating compliance, employers with operations in multiple provinces must comply with the laws of each province in which they do business, and certain industries are subject to federal labour law.
- Since the mid-1960s, federal and provincial legislation has greatly influenced human resource management.Basically all legislation can be divided into two groups; acts that cover basic employment rights and acts that cover discrimination and employment equity.As a result, employers must ensure that managers and supervisors, as well as employees, understand the company’s and their obligations under the laws. For example, decisions as to who will be hired must be done without regard to race, gender, religion, or any of the other prohibited grounds.As you head out into the working world;You will face a constant learning curve with respect to Employment Law, so your information sources must be reliable.Today, I want to share with you and overview of these basic information sources. In the pre-reads I provided a resource doc with links to the legal documents of the acts and codes we are discussing today.The primary areas of employment laws will be discussed in more detail. And then an emphasis on interviewing.First an important insight…
- Today we are going to focus on the 10% part...generally the employment laws that govern the workplace and how they apply to hiring staff.Hiring staff is a substantial investment; a poor selection process or recruiting system can be costly and a significant potential liability for any business in human and financial terms.Effective HR not only can be a strategic tool, it can also help establish a Pharmacy’s sustainable competitive advantage; it’s people. Hiring and retaining good workers has become even more important as it is projected that there will be a shortage of nearly a million workers in Canada in the future.Keeping staff from jumping ship and achieving competitive success through people requires a fundamental change in how managers think about their employees and how they view the work relationship. It involves seeing employees as “partners” not just as costs to be minimized or avoided. Important note; staff and wage costs are two different things; all too often I hear Pharmacy owners thinking and acting like they are same thing which in my experience doesn’t create positive morale in the workplace.Leadership is about motivation and getting employees to want to follow you. Being good at your job is not enough anymore; you need to be good with people. People are primarily driven by emotion; always Talk to the head; but SPEAK to the heart.Effective communication is a learned skill. Communicating effectively with others will do more to make you successful than any other skill that you can develop. Communication is not about speaking what we think, it's about ensuring others hear what we mean.It’s extremely important to find and hire the right people; not just skills. People with great skills does not automatically mean they are great with other people.
- Not keeping abreast of what’s happening in employment law can be costly to an employer, both financially and in terms of reputation. One of the biggest issues facing Canadian business today is...Employment Law and Labour disputes.
- Employment disputes in the workplace are among the most difficult matters for any business to resolve.Staff turbulence and disputes can “kill” a business from the inside out; sometimes painfully slow.And an unhappy staff has a huge influence on the quality of the customer experience.Also, consider the human cost of staff turmoil (which is impossible to put a $$$ figure against) and the legal costs of disputes.By hiring the right people; businesses can avoid this stuff most of the time.
- For the purpose of definition it is important to distinguish the difference between these two terms. Employment Law and Labour Law.
- Human rights are the first and most important thing that is managed when it comes to Human Resources and interviewing and hiring staff.There are currently four key systems in Canada to protect human rights: The Canadian Charter of Rights and Freedoms is a binding legal document that protects the basic human rights of all Canadians.It works in conjunction with other bodies of law, such as the Canadian Human Rights Act, and is the foundation of human rights in Canada.The Federal Government and every Canadian province have legislation dealing with human rights, as well as human rights commissions to administer that legislation. They work together to ensure that the rights of every Canadian are protected and that all people are treated with equality and respect. Human rights commissions investigate complaints regarding human rights violations, provide legal channels to hear the complaints, and attempt to find solutions to human rights problems.Each province has its own human rights law, that covers other types of organizations not included under federal legislation. Like...Schools, retail stores, restaurants, and most factories are covered by provincial human rights laws, and as are provincial governments themselves. Called a Code in BC; but that doesn’t mean it’s a guideline; it’s still the law.
- In Canada, our domestic human rights laws operate in two jurisdictions: the federal and the provincial. At the federal level, the Canadian Human Rights Act and at the provincial level, the British Columbia Human Rights Code . Both pieces of legislation are similar although slight variations do exist. Neither the federal nor the provincial legislation trumps or supersedes the other.The appropriate legislation is determined according to which level of government regulates a specific area.
- The most important human rights legislation at the federal level is the Canadian Human Rights Act.Human Rights law protects individuals and groups from discrimination and harassment in many areas of employment.
- The Canadian Human Rights Act is comparable to the Charter of Rights and Freedoms; but it is legislation; while the Charter is entrenched in the Canadian Constitution. Re; Discrimination; Employers cannot refuse to hire workers because of their race, religion, ethnic origin, skin colour, sex, age, marital status, disability or sexual orientation. However, the reality is that employers or other workers may sometimes discriminate or make racist or offensive comments on the job. This is illegal and called harassment and is against the law.If you believe you have experienced discrimination or harassment, talk to your employer to try to resolve the matter. If that is not possible or does not work, speak to your union, your provincial or territorial human rights commission, or the Canadian Human Rights Commission.
- Summary of the Federal System
- Summary of human rights in BC...Hospital and Community Pharmacy falls under this code.
- BC Human Rights Code...applies to job postings, interview questions, checking references and making job offers. All need to be done in a way that meets legal requirements. In some cases, you could be asking unlawful or even discriminatory questions without even knowing it. The whole process of finding, interviewing and hiring staff requires some basic knowledge of the BC Human Rights Code.Note; Althoughmy example is not directly related to interviewing and hiring it’s important to note that if another statute, (such as the Worker's Compensation Act, conflicts with it) the BC HR Code takes priority.Always. The BC Human Rights Code trumps everything else in BC employment law legislation.
- Effect not intention;Means that even if the person responsible for an action or comment didn’t “mean it”.Under the Code it doesn't matter if you didn't intend or mean to discriminate. The Code looks at what actually happened, not the intention. The Code looks at the effect or consequence of the words or behaviour not whether or not there was an intention to harass or discriminate.Examples; Holding a required staff meeting at a time when religious services prevent some people from attending.A long standing policy to test new employees that is applied to new immigrants.An older building that isn’t built for disabled persons.Another more public example would be TV personality Paula Dean and her recent “I didn’t mean it” racist comments. It was the effect her comments had not the intention. As a public TV personality the fallout for her public image was huge and she lost a lot of long term employees.
- Harassment should be addressed by every employer and understood by each employee.Workplace/Sexual harassment is illegal whether it happens in after-hour meetings to discuss work issues, business trips, office parties or lunch meetings. So, even if the staff went for a beer after work and the manager wasn’t there; if something inappropriate was said and brought to their attention they must investigate.Definition of Harassment; a) Can be visual, verbal, physical and sexual b) May involve threats, intimidation, unwelcome remarks, offensive or derogatory jokes, posters, crude comments, leering, lurking etc.c) Is something a reasonable person would find unwelcomed) May be one incident or a series of incidents e) Adversely affects an employee's productivity and can create an uncomfortable work environment Consult BC Human Rights Legislation for more specific information on employment-related discrimination and harassment.
- Prohibited grounds of discrimination under human rights includes obesity, alcoholism and drugs.Re: the conviction point i.e. DUI conviction; that would likely be unrelated to the job in question unless there is a hiring requirement to use a company vehicle to deliver medication to a nursing home.A gray area for some Pharmacies might be; “marijuana possession” which could be related to a Pharmacy job in some hiring managers views.On the other hand a conviction for narcotics trafficking or possession of prescription drugs for the purposes of trafficking would definitely be related to a job in the Pharmacy.
- Recruiting, interviewing and selection is where a lot of Pharmacy managers screw up; they hire the wrong people and then have staff who they end up spending an inordinate amount of time dealing with conflict and people issues as opposed to setting direction for them to contribute to the team and the goals of the Pharmacy.When starting the recruiting process, it is important to be aware of certain legal issues in order to minimize the risk of hiring the wrong person. Planning and creating a consistent list ofthe right interview questions is the first step. Reference checks occur when a potential employer contacts previous employers to verify information that the applicant has provided. It is important to ask good questions in order to get the information necessary to make a good hiring decision. You cannot ask questions that you would not ask during the interview. For example, just as you cannot ask a candidate about a disability in the interview process, you cannot then ask their former employer, “How many sick days did they take last year?” However, you can ask if they were reliable and punctual. Job postings: You must not publish job postings or advertisements that give preference to: The Prohibited Grounds. In the pre-reads I provided an example of a well worded job posting.The interview; Need to ensure the interview process is not intentionally or unintentionally asking questions on prohibited grounds. It is important to describe the job and requirements in a way that gives all applicants a chance to apply. Making the offer; In all steps of the recruiting process, remember the prohibited grounds and make sure all questions are asked in a way that gives all applicants a fair chance to respond based on your job needs. Minimize the risk and chance that you might be charged with discriminatory hiring practices. Criminal reference checks; you may sometimes need job applicants to undergo a criminal record check before they are hired. Be sure to apply the same checks and standards to everyone applying for similar work. Why do a criminal record check? For example, for some positions there might be a requirement for employees to be bondable. Ie; keys and alarm code. Prescription delivery person.Social Media. Many unanswered questions about whether or not social media can be used in reference checking; still emerging; in the pre-reads I provided you with some information about do’s and don’ts for reference checking using social media, especially Facebook.
- Timing Note; should be at least halfway by now. What are employment standards? Employment standards are the minimum standards established by law that define and guarantee rights in the workplace. Each province and territory has its own legislation.Most workers in Canada (about 90 percent) are protected by the employment laws of their province or territory. The remainder are in jobs covered by federal laws.IE: Which statute applies to determine minimum requirements for notice or severance?If you are an employer in B.C., for most occupations the applicable legislation is the British Columbia Employment Standards Act. If, however, you are a federally regulated employer, such as a bank, airport, railway, shipping and trucking company, the Canada Labour Code applies.For retail Pharmacy; the BC ESA always applies.
- So, what employment rights are protected by employment standards legislation?Employment standards legislation covers rights in areas such as hours of work and overtime pay, minimum wage, pay, vacation time and vacation pay, public holidays, coffee and meal breaks, pregnancy leave and parental leave, personal emergency leave, family medical leave, termination notice and termination pay or severance pay.Do all workers have the same employment rights?No. Some categories of workers may be subject to a variation in the employment standard or excluded from one or more of the laws. For example, Managers and supervisors are not covered by overtime rules. However, it is not enough to simply call an employee a ‘manager’ or ’supervisor’. For the employee to be exempt from the overtime provisions found in the Employment Standards Act (ESA), he or she must do work that is supervisory or managerial in nature and only do non-managerial or non-supervisory work on an irregular or exceptional basis.In British Columbia, the Employment Standards Regulation defines a “manager” as a person whose principal employment responsibilities consist of supervising or directing, or both supervising and directing, human or other resources, or a person employed in an executive capacity.
- The purposes of this Act are:(a) to ensure that employees in British Columbia receive at least basic standards of compensation and conditions of employment;(b) to promote the fair treatment of employees and employers;(c) to encourage open communication between employers and employees;(d) to provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act;(e) to foster the development of a productive and efficient labour force that can contribute fully to the prosperity of British Columbia;(f) to contribute in assisting employees to meet work and family responsibilities.This is why it’s so important for employers to have an employeehandbook and employment contracts.Employees get this when they are hired and ask to sign off on a form saying they’ve received it and agree to the terms of employment.Goes in the employee file.
- This Act applies to all employees other than those excluded by regulation. None of the exclusions are retail or Pharmacy related.If a collective agreement (or union contract) contains no provision respecting a matter set out in a provision, the specified provision of this Act is deemed to be incorporated in the collective agreement as part of its terms.Means that at the minimum employment standards are automatically included in a union agreement; whether or not it is included in the collective agreement contract.Also means that if there is no provision mentioned in a CBA; then the ESA is in force. For example the most common is; dispute resolution.
- Labour relations refers to the relationship that exists between an organization and a union. It has evolved over time and is governed by legislation.The role of the union is to be the voice of employees, particularly during collective bargaining. Collective bargaining produces a collective agreement which is a legal document outlining the terms and conditions of employment.If an employee or union feels that the company is violating the collective agreement, a grievance may be initiated.The employer and the union meet to attempt to settle the grievance.If they are not able to come to an agreement then application to the LRB is made for a mechanism to settle.
- BC Labour Relations Board is also frequently referred to as the “LRB” The LRB is only concerned with unionized employees…for example in Pharmacy it applies to the BCGEU representing Hospital Pharmacists.And some chain drugstores are unionized; ie, SDM’s, Rexall, and almost all the chain grocery stores; there are some exceptions; but few.
- The union acquires the right to bargain with the employer on behalf of the employees it represents (the bargaining unit).That right to bargain is called “certification” and carries certain rights and obligations. The union has the duty to represent all of the employees in the bargaining unit, whether or not those employees are members of the union.The Code provides various types of assistance to the parties to resolve both mid-contract and collective bargaining disputes. Usually they are over scheduling, the right to work in another area and promotions.
- Provisions governing wages, hours, overtime, discipline, promotions and transfers, training, health and safety, medical and health insurance, pensions, vacations and holidays, work assignments, seniority and the like.The CBA is not a contract of employment; employees are hired separately and individually, but the tenure and terms of employment of the employee are regulated by the CBA. So, employee handbooks and contracts are very necessary at the point of hiring. Whether union or not.The resolution of contract disputes is through a grievance procedure outlined in the CBA. Or by a private alternative dispute resolution mechanisms, called mediation or arbitration.Notably the LRB is a neutral board that sets out procedures for grievances, mediation and arbitration. The LRB sets up and conducts the mediation and/or arbitration.Grievances are the first step and is a formal procedure to attempt to resolve an issue at the source. If no resolution can be found the employer or union (on behalf of the employee) contacts the LRB and sets up a mediation. If still no resolution it can escalate to arbitration, whatever decision is reached by a judge; it is binding on both parties.
- Re; exempt employers or workers. There are a few exemptions; none apply to retail community Pharmacy or Hospital Pharmacy.Workplace Health and Safety also referred to as Occupational Health & Safety (OHS).All workers in Canada have the right to work in a safe and healthy environment. The purpose of workplace health and safety legislation is to protect workers against health and safety hazards in the workplace. Each province and territory, as well as the federal government, has its own legislation.
- Legislation provides guidelines on specific rights, procedures, and penalties for non- complianceThis legislation also provides a monetary payment if a person is injured on the job.And law and regulations for compensation for injured workers.The right to refuse unsafe work; Incidentally, one of a worker’s basic rights; is the right to refuse work that they believe presents a danger to themselves or another worker. The refusal must be reported to the employer or supervisor who must investigate the matter.Re; Getting hurt at work; All provinces and territories provide for workers compensation benefits that are paid if a worker becomes sick or is injured on the job. If a worker has an accident at work, the supervisor must be notified right away. A health-care professional (e.g. a physician) should be contacted and a report and if needed a claim filed with the workers compensation board.
- Everyone must commitment to a safe and healthy workplace. Both employers and employees have an obligation to follow health and safety legislation.OHS…Practices and behaviour aimed at preventing injury and disease and promoting good health. Framework for dealing with health and safety issues to help organizations comply with legal requirements.For example;There is a growing concern for safety on the job because no organization is immune from workplace violence. Companies want to prevent violence from occurring. But because the circumstances of each incident are different, a specific plan of action for companies is difficult to detail. However, several suggestions can be made. First, the organization must develop a plan to deal with the issue. Furthermore, organizations must train managers to identify troubled employees before the problem results in violence. Organizations should also implement stronger security measures. For example, in retail community Pharmacy; a Robbery prevention policy should be in effect. And an action plan to follow if a robbery does occur.
- How does OHS apply to retail Pharmacy?For starters…consider this list of stuff in our industry sector for occupational health and safety...Employers and employees share responsibilities for making sure work environments are healthy and safe. Encourage everyone in your workplace to be accountable for health and safety.
- In the event of work-related injuries or diseases in BC businesses, WorkSafeBC presides and works with the affected parties to provide return-to-work rehabilitation, compensation, health care benefits, and a range of other services.WorkSafe BC is very powerful. They have broad powers and should be taken very seriously. They have the ability to shut down any business in BC for non-compliance. The 2013 basic rate for retail Pharmacy is $0.71/$100.00 of payroll to a maximum wage per worker of $75,700/yearIncludes all work places whether union or not. Reporting Injuries to WorkSafeBC; Owners and employers must immediately report accidents that resulted in death or the risk of death. They must report work related injuries and diseases within three days. Written report of what happened and what was done after with witnesses. And a medical report if necessary.
- FIPPA allows access to information held by public bodies (such as ministries, universities and hospitals) and determines how public bodies may collect, use and disclose personal information.PIPA sets out how private organizations (including businesses, charities, associations and labour organizations) may collect, use and disclose personal information.
- There are a number of legal requirements to consider when recruiting, interviewing, hiring and establishing employee records policy and procedures. Such as the information gathered during the recruiting process. How it is stored, where it is stored, who has access, etc. Be careful what written notes you make on the resume; it will end up in the employee file.This applies to reference checking; when hiring a new employee. I.e. provided the latest on social media reference checking in your pre-reads.
- Every business must have a written privacy policy and an appointed person responsible for privacy.
- Sometimes there are issues that employers would like to address but which are not directly relevant to the vacancy being filled. Such questions might even come across as violating basic human rights protected under the Canadian or BC Human Rights Act. As you recruit and interview potential employees, you must be careful to follow employment law rules to ensure you protect applicants’ human rights and meet other requirements. And of course to protect yourself against allegations of unfairness.
- The interview planning process prepares you to ask candidates about only the essential skills and qualifications required, and helps prevent you from asking off-the-cuff questions that could be illegal. Your pre-planned interview questions should be designed to determine a candidate's capability to perform the essential functions you have defined for the job. Just be sure to phrase your inquiries in job-relevant language, and don't make assumptions about a candidate's ability or disability. Essentially, you cannot ask questions that will reveal information that can lead to bias in hiring, but you can ask questions that relate to job performance.Despite your careful preparation and question selection, some candidates will volunteer information that you would prefer not to know. The best way to handle this situation is not to pursue it nor to make note of it. You can't erase the information from your memory, but you can eliminate it as a discussion point and selection factor.Carefully planned questions and a structured interview process that is the same for all candidates will ensure equal treatment of all who apply. Keep the focus on what the job requires and how each candidate has performed in the past. Perhaps most importantly, Pharmacy owners should make fair hiring part of your company's mission and value statement, championed from the top down and an integral part of the selection process. For example a carefully planned question; if a position requires regular overtime and has an irregular schedule as in a Pharmacy job, do not ask: “Do you have children?” as you would be assuming a person with children could not work longer hours. To ensure the candidate can work the schedule you need, you should ask: “This job requires regular overtime and has an irregular schedule, can you meet this requirement?” Or…If a job requires heavy lifting, do not ask: “Do you have a bad back or any medical issues?” as you might be discriminating against a candidate with a disability. To ensure the candidate can meet the physical requirements for the role, you should ask: “This job requires periods of heavy lifting for most of the day. Are you able to do this?”
- For example, let's say you are interviewing a wheelchair-bound candidate for an account manager position for LTC nursing homes, and you have determined that an essential function of the job is to visit client sites. It's perfectly legal to ask how the candidate would perform this essential function: "This job will require you to be out of the office meeting with clients several days per week. Can you tell me how you would get around?" It is not OK to say to this same candidate, "How long have you been disabled?" In other areas, where a disability is not visible, again you should confine your questions to essential job functions or workplace environment issues. For example, while you cannot ask a candidate if he or she has children or has adequate child care, you can ask about ability to perform the job: "This job requires you to travel overnight about 2 days per week and to attend out-of-town conferences once per month. Does this travel schedule prevent a problem for you?"
- 'I don't think that question is appropriate'What then becomes important for the employer's protection is to articulate in writing;why they prefer one candidate over the other, in order to demonstrate they didn't consider the protective ground as a basis for why they didn't give that employee that job.There isn't any piece of legislation that protects someone from inappropriate or invasive questions.The easy part is matching a person's skill sets to the position. The harder part is establishing a person's fit within the [corporate] culture. Their personality.A common method to assess personality is by asking "What do you like to do for fun?" or requesting specific examples of how the person once resolved a messy workplace scenario.As for how an interviewee should respond to a particularly nosy or irrelevant question, suggest a firm but respectful answer: "I'm not sure, or I don't think that question is appropriate. Can you tell me what it is that you're looking to learn from that question? And maybe I can provide you with a useful answer."
- To your business and professional success, thank you. As always; I’ll stick around as long as you want to.
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