New Employment Law 1

Define requirenments of the position it is tryin ti fill

-advantages and disadvantages -list of duties and responsibilties -if employee is not fullfilling the duties than they may dismiss or take action -an employer may face liabilities in destructive dismissal if it tryies to change its employees duties or responsibiltiys from those contained within employees job description -caveat states the job includes any additional duties and responsibilties asigned from the employer, this clause may not protect it against liability for constructive dismissal. The clause can give the employer some latitude and make employees more tolerant to changes. -job vacancy allows he employer to consider the essential duties and responsibilties of the positionand to detail them in updated job description

Remuneration is one of the most important terms can be different types of compensation, salary , commision, bonus benefits, car allowance, stock options, club memberships and employee discounts -must comply with pay equity -onc employer has determined the appropriate compensation scale for the position -employer must consider appropraite relationship for the job or whether hiring in fixed or indefinate basis. -employer may want to make position part time or do job sharing

Once employer has used employer vacancy as an opportunity to consider the possible restructuring of the position, taking into account the job description, remuneration, employmentcontract, and flexibility ofposition they employer canadvertise now

Ontarios human rights code- the right under section 5 to equal treatment prohibited grounds of discrimination- race, ancestrty, place of origin, colour, ethnic origin, sex, sexual orientation, disability, marital status, family status, age and religion -ex. unless drvining is needd for the job, it would be inproper to request a drivers licence, this may exclude the handi capped or blind. - make sure advertisement is well distributed -employers must make reasonabe accomodations for employees needs. ex/ employer may prefer work place where employees are all male but theats violating human rights laws and an advertisement saying that is wrong. -The employer should be prepared to justify any job requirenments as a bona fide occupational requirenment - contains 3 questions 1. was requirenment connected to the performance on the job. 2. was it adopted in honest and good faith belief that it was necesaary 3. was the requirenment necessary to the accomplishement of that legitamate work related purpose, keeping in mind the employers duty to accomodate to the point of undue hardship

-the point is to select the bestperson for the job. -criteria must relate to job performance. Prohibited grounds are race, religion or creed, gender,(cant say mr, mrs, or miss except for manitiba where its optional) age, cantask age or date of birth, can work at 18 or 19 and retirement is 65 in most places National or ethnic origin-ancestry or place of origin, can only ask if they are eligable to work in canada. SIN # can only be asked after hired. marital status- can ask if applicant is willng and able to travel or relocate. cant give emergency contact name until after you are hired or offer has been made. disability-ontario doesnt allow any questions about this subject but other provinces may ask and then follow up if there could be any accomodations for the applicant family status-whether they have children and cant ask about children at all. sexual orientation- drung or alcohol addiction- criminal record or convictions-in ontario you can ask whether they have been convicted of a criminal offence for which a pardon has not been granted. If the job invloves driving, it is reasonable to ask whether the applicant has been convicted of any offences under the provincial highway trafficact. height and weight requirenments- must caution because there is little research that indictaes that physical stature alone is determiniative ofan indiviudlas ability to perform duties on the job. even when employer is able to establish that the height and weight requirenments are bona fide, employer might still have to accomodate to particular needs. drivers license- this can screen out those who have disabilities. may reveal individuals age or physical characterisitcs. If the job requires driving it can be included in the advertisement and a photocopy of the license only after offered employment nepotism and anti nepotism-employers are well advised to simply ask whether the applicant is related to a current employee, instead of asking the relationship with the employee, UNLESS the info is definetly necessary for the purpose of satisfying the policy. other-cant ask about political beliefs and associations, and social backround and financial means.

Dishonesty may constitute just cause for dinsmissal -can be dismissed when employee lied about a university degree or can dismiss if they sa that they are competent in a field and turns out to be incompetent. - some workers include provisions at the end of the job application form which discourages dishonesty. it states that information must be true and if not than the false statement might disqualify them or dismiss them.

- to see if the indiviudal is a suitbale fit.

Interviews are subject to prvincial and federal human rights legis. -interviews are helpfull if they are conducted in teams and if there was any discrimination it is easier to prove becuase there are more witenesses

They are all prohibited bt there are some exceptions ex/ a group working with children of a particluar ethnic origin heritage or a job at a womens shelter might entitle the employer to inquire into a candidates heritage or to make an assesment of the applicants gender.

You may ask if there are any accomodations to be made with the ind. religious belief.

If the issue is raised byt the applicant, the interviewer can ask if the disability is directly related to the performance of the job and what accomodations would have to be made for them. -HRL says employers must accomdate employes short of undue hardship

For some jobs, ex/ senior executive position, asking may be appropriate

The interviewer is not allowed to ask of any criminal convictions

Can only ask if applicant will be able to perform the work required according to the scheduled work hours and whether he or she can work overtime. - it may be appropriate tfor employer to ask about family or marital status of the employer serves a particular group identified by marital status, such as single women.