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
pharmacySOS.ca | Gerry Spitzner 3

 Overview of BC Employment and Labour Laws
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.

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.
 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 Canada
in 1977
◦ 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
lawthat 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 theCode.
◦ 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: gerry@pharmacySOS.ca
 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 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; youmay 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."

UBC Phar400-Employment Law & Interviewing 31Oct2014

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