UBC Phar400-Employment Law & Interviewing 31Oct2014

UBC | Phar400 | Pharmacy Management

pharmacySOS.ca | Gerry Spitzner

October 31, 2014

One of the biggest issues facing Canadian Businesses

today is Employment Law and Labour disputes.

Thoughtstarters/important insights

Human Rights Act and BC Human Rights Code

Employment Standards Act

Labour Relations

Workers Compensation Act

Personal Information Protection Act (PIPA)

Recruiting and employment interviews

3pharmacySOS.ca | Gerry Spitzner

Overview of BC Employment and Labour Laws that govern interviewing, hiring and employment in the workplace.

Disclaimer: These items are intended for general informational purposesonly and should not be construed or relied upon as legal advice. The legalissues addressed in these items are subject to changes in the applicablelaw. You should always seek competent legal advice concerning anyspecific issues affecting you or your business.


Management decisions, processes

and communications for dealing

with potential employees are

critical to ensure that the Pharmacy

gets and keeps the right staff.

pharmacySOS.ca | Gerry Spitzner 5

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.

Manage things; lead people.


Manage things like the law but lead people

through the process with fairness and

consistent application of the law using

communication skills.



What do ya know that just isn’t so; what have you convinced yourself

of based on your assumptions?

Always ask yourself what are my assumptions and always check

your assumptions through active listening.

Mark Twain | American author and humorist (1835-1910)

Definitions and common areas of

dispute.


Employment law is often labelled as either individual,

◦ The law relating to the employer-employee relationship,

or collective,

◦ The relationship between the employer, the employee and a

third party, normally the government and/or trade unions.


What’s the difference between these terms?

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.


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.


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.


A statute originally passed by the Parliament of Canadain 1977

◦ With the goal of extending the law to ensure equal opportunityto individuals

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

◦ applied throughout Canada, but only to federally regulatedactivities

ie Fed Govt Dept’s, Crown Corporations, private companies such asairlines, banks, telephone, radio and TV stations

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


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.

The protections afforded to us in human rights law flow from the Charter of Rights and Freedoms.

◦ Because of this, human rights legislation is considered quasi-constitutional and takes precedence over, and often influences, other pieces of legislation.


Examples of areas regulated by the federal government

and governed by the Canadian Human Rights Act

includes 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.


Although the word “Code” is used in BC vs “Act” in

the federal law; it is law in BC. It is not a guideline.

Prohibits discrimination in employment

advertisements, wages, employment standards,

and discrimination by unions and associations.

If another statute, conflicts with it, the BC Human

Rights Code takes priority. That’s how much weight

it has as legislation.


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 Bullying, Harassment & 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 best practice 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; even if they were not there when it happened.


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

◦ Criminal reference checks

◦ Social Media

The general rule is: Ask only what is needed to make

a hiring decision based on merit.


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.


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.

◦ 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.


The purposes of this Act--sections within the act outline the employers responsibility to their employees;

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.


Scope of this Act

◦ Applies to all employees other than those excluded by

regulation. None of the exclusions are general retail or

Pharmacy industry 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.

Means that at the minimum the employment standards act are

automatically included in every union agreement; whether or not

the language is included in the collective agreement contract.


Labour 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.


Primarily concerned with collective bargaining and

labour management relations in BC.

◦ Guarantees the right of every employee to join a union.

◦ The union acquires the right to bargain with the employer on

behalf of the employees it represents known as the

bargaining unit.

◦ Provides the means for union to be legally recognized as the

exclusive bargaining agent for those employees.

◦ The code also has a process to “de-certify” if employees no

longer want a union representing them.


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.


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 (OHS) 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.

◦ The refusal must be reported to the employer or supervisor who

MUST investigate the matter.


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.


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, dust, ventilation, first aid, repairs and

maintenance of broken drawers, flooring, counter tops, staff

washrooms, staff room, safe closing procedure at night, computer-

related eye strain.


Work Safe BC

◦ Statutory agency created by an act of the provincial

legislature.

◦ 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 OHS Regulation.

◦ Assessments are a % of employers payroll and are based on

classification. The employer pays. Includes all work places

whether union or not.


The Office of the Information and

Privacy Commissioner (OIPC) is

independent from government and

monitors and enforces BC'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.


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

interviewing and recruiting.


Writing the Job Description

Your First Step in Recruiting,

Screening and Interviewing


Use clear, concise language

Use non-discriminatory language

Describe only duties, skills and knowledge required

Describe the position as it exists today

Avoid technical terms, acronyms or abbreviations

Education, certification, specific training or experience should not be stated as requirements of the position unless they are required by law or a relevant licensing body.


Job Title: be clear in what you are looking for

Application Deadline: creates a sense of urgency

Job Description: describe the desired results of work

Required Education: include minimum specifications

Job Start Date

Compensation / Salary (optional)

How to apply: Email, Website, Telephone, Fax, or Mail

Additional Information / other instructions


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


Interview notes

Planning and preparation are the first steps

Job relevance is the key factor

How to deal with information that is volunteered

Consistency equals fairness

Keep the focus on what the job requires

Legal and illegal inquiries - Appendix 1 – do’s & don’ts


Ask all candidates the same questions.

Wording of questions should be open-ended.

Questions should be as neutral as possible.

Questions should be worded clearly.

Be careful asking "why" questions.

Do not ask leading questions

Only ask questions that will give you information

directly related to the position you are trying to fill.


Got questions? Get answers? Email me…


Follow Twitter: @passion4retail

Connect LinkedIn: Gerry Spitzner

Web: pharmacySOS.ca

Blog: gerryspitzner.com

Email: [email protected]

Online Biz Card: gerryspitzner.tel

You Tube Channel: Gerry Spitzner


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 helping Pharmacists implement business development, branding and marketing. 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.


Legal and Illegal Inquiries

Interview questions do’s and don’ts


Following are some of the key areas covered by fairhiring laws… interview questions do’s and don’ts.

Affiliations:

◦ Do not ask about clubs, social organizations, or unionmembership; do ask about relevant professional associations.

Age:

◦ Do not ask a candidate's age other than, "if hired," can acandidate produce proof that he or she is 19 years of age.

Alcohol or Drug Use:

◦ The only allowable question relating to current or past drug oralcohol use is, "Do you currently use illegal drugs?"


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.


Disability:

◦ You may ask if candidates can perform essential job functions, withor without reasonable accommodation; and you may ask them todemonstrate how they would perform a job-related function. Youmay ask about prior attendance records. And you may requirecandidates to undergo a medical exam after an offer of employmenthas been made.

◦ For example, let's say you are interviewing a wheelchair-boundcandidate for an account manager position for LTC nursing homes,and you have determined that an essential function of the job is tovisit client sites. It's perfectly legal to ask how the candidate wouldperform this essential function:

◦ "This job will require you to be out of the office, meeting with clientsseveral 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 beendisabled?"


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.

◦ 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. Does this travel

schedule prevent a problem for you?”


Personal:

◦ Avoid questions related to appearance, home ownership, andpersonal financial situation.

Religion:

◦ If Saturday or Sunday is a required work day, you may askcandidates if they will have a problem working on those days.

Sex:

◦ You may ask if a candidate has ever worked under anothername. Be sure not to make gender-related assumptions aboutjob capabilities.


How to ask a personality question…

◦ "What do you like to do for fun?“or request specific examples

of how the person once resolved a messy workplace scenario.

How an interviewee should respond to a particularly

nosy or irrelevant question with 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."


Leadership & Management

UBC Phar400-Employment Law & Interviewing 31Oct2014