UBC Phar400-human resource management-21oct2011

October 21, 2011
Gerry Spitzner
retailSOS.ca

 Managing The HR Process
 Human resources management is a process that
can be effectively and productively managed.

 An Investment in The Business
 Human resources (HR) are a substantial
investment for most companies.
 People are your most important resource.

retailSOS.ca Gerry Spitzner 2

 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 consistency


 Do positive employee relations and
practices affect customer service?

 Obtaining a new customer costs 5 times more
than retaining a loyal customer, and replacing
an employee will cost 100% or more of that
employee’s annual wages.


 “The most important thing in
communication is hearing what isn't
said” - Peter Drucker
 The 3 Elements of Direct Face to Face Communication
 Words only account for 7% of any message
 Emphasis and Tone accounts for 38%.
 Body Language accounts for 55%.


 “You don't manage people; you manage
things. You lead people.” – Grace Hopper
 Manage things including tasks, jobs, numbers
and information; lead people and teams.
 People are primarily emotionally driven;
appeal to both the heart and the head.


 Overview of the main BC Labour Laws and
agencies that govern 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.


 Human Rights Code
 Employment Standards Act
 Labour Relations
 Workers Compensation Act
 Personal Information Protection Act (PIPA)


 Human rights law entitles every Canadian to
equal opportunity to employment and the
right to work each day free of discrimination
and harassment.

 If another statute, such as the Worker's
Compensation Act, conflicts with it, the
HRCode takes priority.


 The BC Human Rights Code

 Prohibits discrimination in employment
advertisements, discrimination in
wages, discrimination in employment, and
discrimination by unions and associations.


 The BC Human Rights Tribunal

 is a quasi-judicial human rights body in BC
 established under the British Columbia
Human Rights Code.
 responsible for
"accepting, screening, mediating and
adjudicating human rights complaints.


 Discrimination and Harassment

 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.


 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
 Checking references
 Social Media
 Making the offer


 Workplace 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.


 Filing a Complaint

 Anyone may file a human rights complaint
under the Code.
 The Code allows a person or group to file a
complaint with the BC Human Rights Tribunal
and protects them from retaliation if they
make a complaint.


 The Employer's Duty to Accommodate

 An employer has a duty to accommodate
when a workplace policy or procedure, which
appears neutral and applies to everyone
equally, adversely affects or indirectly
discriminates against an employee because
of a prohibited ground of discrimination.


 Sexual Harassment

 What about generally accepted banter or normal
social interaction at work?
 Is it okay to hold a door open for a woman?
 Will I get in trouble if I compliment someone on their
clothing or their new hair style?
 Is telling an off-colour joke considered sexual
harassment?


 If you are an employer in B.C., for most
occupations the applicable legislation is the
British Columbia Employment Standards Act.

 ESA is legislation enacted by the provincial
government to protect the rights of working
people.


 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.


 Scope of this Act

 applies to all employees other than those
excluded by regulation.
 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.


 Wages and benefits

 Pay administration
 Paydays
 How wages are paid
 Payroll records
 Deductions
 Assignments


 Labour Relations Board

 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.


 Labour Relations Code

 The Labour Relations Code is primarily
concerned with collective bargaining and
labour management relations in BC.
 The Labour Relations Code governs all
aspects of collective bargaining amongst the
provincially-regulated employers and
employees.


 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.


 Staff Scheduling
 Working as a Pharmacist in a union or non-
union environment
 The Rand Formula


 This Act applies to all employers, and all
workers in British Columbia except employers
or workers exempted by order of the Board.

 There are a few exemptions; none apply to
retail.


 Occupational Health and Safety

 The Occupational Health and Safety (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.


 Consider

 immunization, safe sharps disposal, returned
medication disposal, compounding labs in
Pharmacies, hazardous materials, robbery
prevention, ladders, box cutters, repetitive
motion, height of the counter, lighting, air
conditioning, air quality, ventilation, first aid.


 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.


 OHS policy needs to be specific and deal with
any unique workplace issues.
 Here is a sample list of issues:
 Smoking and scents
 Workplace violence
 Working alone
 Blood borne pathogens
 Substance abuse


 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 payroll and are based on
classification


 Health and Safety Committee

 An employer must establish and maintain a
joint health and safety committee
 (a) in each workplace where 20 or more
workers of the employer are regularly
employed, and
 (b) in any other workplace for which a joint
committee is required by order.


 The federal government brought the Personal
Information Protection and Electronic
Documents Act (PIPEDA) into force in January
2004.
 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.


 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).


 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 confidentiality
 Security of personnel files
 Employee access


 Questions?


 Twitter: @passion4retail
 LinkedIn: Gerry Spitzner
 Blog: retailsos.ca
 Email: gerry@retailsos.ca
 Info: gerryspitzner.tel
 Info: retailsos.tel


UBC Phar400-human resource management-21oct2011

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UBC Phar400-human resource management-21oct2011