UBC Phar400-Employee Hiring and Law 1.5.1 13Mar2015

Employee HiringUBC | Phar400 | Pharmacy Management

pharmacySOS.ca | Gerry SpitznerMarch 13, 2015

pharmacySOS.ca | Gerry Spitzner 2

Overview of Canadian & BC Employment Law and Labour Law that govern interviewing, hiring and employment in 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.

Today’s objective...

Why you should stay awake during this…

One of the biggest issues facing Canadian Businesses today is Employment Law and Labour

Law disputes.


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


Thoughtstarter/important insight Employment Law Essentials

◦ Laws that govern the employee selection process

The Selection Process◦ Job Analysis, Job Descriptions, Recruiting,

Screening and Employment Interviews

Road Map for Today


Thoughtstarter/Important Insight

Management decisions, processes and communications for dealing with potential employees are critical to ensure that the Pharmacy gets and keeps the right staff.


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

Manage things; lead people.

Thoughtstarter | Important Insight

Manage things like the law; lead people through the process with fairness and consistent application using communication skills.

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

Delegating is not a substitute for leadership. It’s your people skills that determine the success

of your career


Employment Law and Labour Law

Definitions and common areas of dispute.


Employment law in Canada and BC generally refers to the law governing the relationship of an individual employee to an employer.◦ Complex collection of statute laws dealing with

wrongful dismissal, minimum labour standards, human rights, occupational health & safety (OH&S) and workers' compensation.

Defining Employment Law


Labour law in BC is defined as the law of unionized collective bargaining relationships. ◦ The relationship between the employer, the

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

Defining Labour Law


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.

◦ frequently referred to as the acronym “LRB”

Labour Relations Board


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.

Labour Relations Code


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

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

Employees are hired separately and individually, but the tenure and terms of employment of the employee are regulated by the CBA.

At the minimum the Employment Standards Act is automatically included in every union agreement; whether or not the language is included in the collective agreement contract.

The resolution of contract disputes is through a grievance procedure.

Collective Bargaining Agreements | “CBA”


Human RightsCurrently 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, 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.

With the 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 Corporations, 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


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

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.

BC Human Rights Code


Recruitment and selection◦ Interviewing, reference checking◦ Job postings◦ The interview◦ Making the offer◦ Criminal reference checks ◦ Social MediaThe general rule is: Ask only what is needed to make a hiring decision based on merit.

BC Human Rights Code


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 BC.

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.

◦ 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.

BC Employment Standards Act


Sections within the act outline the employers responsibility to their employees;

to ensure that employees in British Columbia receive at least basic standards of compensation and conditions of employment;

to promote the fair treatment of employees and employers;

to encourage open communication between employers and employees;

to provide fair and efficient procedures for resolving disputes over the application and interpretation of this Act;

to foster the development of a productive and efficient labour force that can contribute fully to the prosperity of British Columbia;

to contribute in assisting employees to meet work and family responsibilities.

BC ESA | The Purposes of this Act


Personal Information Protection Act (PIPA)

Any private sector employer who collects, uses or discloses personal information about employees or job applicants has to comply with British Columbia’s Personal Information Protection Act (“PIPA”).


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

To comply with the Act, every organization in BC 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.

PIPA | Summary


What PIPA obligations apply to personal information collected during the hiring process? ◦ Make it secure. ◦ Keep a résumé for a year if you use it to make a decision. ◦ Make sure your staff knows your policy about accepting résumés.

I’m not hiring. What do I do about unsolicited résumés?◦ Dispose of them carefully. Unless you might use them. Retain

them for at least a year if you think you might use them. How do I handle reference checks?

◦ Assume the job applicant’s consent for contact with listed references.

PIPA | Legal Requirements


Job AnalysisJob Analysis is a process to identify and determine in detail the particular job duties and requirements and the relative importance of these duties for a given job.


The Job; not the person Job Analysis should collect information on the following areas: Duties and Mental/Physical Tasks--frequency, duration, effort, skill,

complexity, judging, planning, standards, cleaning and lifting etc. Environment–dealing with the public, standing, unpleasant conditions

such as offensive odors, fumes i.e. compounding lab, Tools and Equipment--duties and tasks that are performed using

specific equipment and tools. Tools may include computer. Equipment may include protective clothing/eyewear used in compounding lab.

Relationships--Supervision given and received. Relationships with internal or external people. Ie Pharmacy staff or other HCP’s

Requirements—qualifications, training, knowledge, skills, and abilities, personality traits required to perform the job.


Job DescriptionThe most important 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 Description


RecruitingOnce you understand the nature of the position, the question that follows is how to fill the position.


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, or Mail Additional Information / other instructions

Components for Job Advertisement


Screening CandidatesThe process of screening candidates takes time and effort. The objective is to make a big pile of candidates, a little pile. There are no real shortcuts. There are however some techniques and pointers that make the process go quicker and reveal the better candidates faster.


Screening | 3 Step Process 1. Resume Review

◦ Format—The resume should have a format that will allow you to quickly understand what they have done and what they can do.

◦ Style--writing style. Can the person communicate in short sentences? Is grammar and attention to detail evident?

◦ Keyword Scan--Get your keywords and equivalents for the position and scan for them in the resumes you receive.

◦ Consistent Dates--means you need to look at the time line of the jobs listed.

◦ Patterns & Inconsistencies--job hopping, decline in responsibility, drastic career change, lots of relocation in short period

2. Phone Screen--gauge verbal communication skills 3. Other Considerations—supporting documents, cover letters


Employment Interviews

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 – See Appendix 1

attached

Keep the Interview Legal


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. Look for 3 things; can do the job, will do the job and

will fit?

Tips for Preparing Interview Questions


Employee Hiring is 10% law and 90% process.

Got questions? Get answers? Email me…

Thanks

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Find me

Gerry Spitzner is an optimist with a curiosity for improving life and business results. Optimism is the ability to focus on where we're going; not where we're coming from and Gerry is passionate about making the public aware of the great things Pharmacists do. He believes in a bright future and our ability to build it together.

Drawing on 40+ years in regional multi-site retail Pharmacy operations and drug store ownership with SDM, plus business development with K&F in the Pharmaceutical wholesale supply-chain; Gerry has the unique advantage of having worked in several different business models within the retail Pharmacy industry.

Fascinated with a lifelong curiosity for why customers buy, trends and a passion for retail he is dedicated to sharing his thinking with strategies to create, engage and keep great customers by delivering the promise of an extraordinary customer experience that increases sales and profit.

pharmacySOS.ca is a Vancouver, BC based business management consultancy providing Strategic Operations Services focused on drug stores and Pharmacies. Specializing in consumer trends and strategic business development for independent and banner pharmacies helping Pharmacists to market their patient care services beyond dispensing.


About pharmacySOS.ca | Strategic Operations Services helps Pharmacy business plan for the future by anticipating it. More than just information; it’s about innovation and implementation.


Employment Interviews Appendix 1

Legal and Illegal Inquiries

Interview questions do’s and don’ts


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 19 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?"



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,

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.

◦ 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?"



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, 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.



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."



Appendix 2 | Workers Compensation Act

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.

Workers Compensation Act


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.

Work Safe BC


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.


Recruiting & HR

UBC Phar400-Employee Hiring and Law 1.5.1 13Mar2015