Part one of this series suggests that before posting a job ad, you should have a clear understanding of the job’s duties by creating a framework of responsibility; second, it recommends that a work force plan be created to give direction to role priorities, to determine the demand and supply of talent needed, to consider the timing of talent acquisition and finally, to set a recruitment strategy that supports and enables the organization’s intended direction.

The legal environment with its Codes, Standards and Acts, is in place to define the parameters within which employers and employees are expected to behave when conducting workplace matters. As it relates to preparing for the job posting, it is essential to consider how federal and provincial laws might influence job-related decisions.

The laws and their influence on jobs

Approximately 10% of employees will be protected under federal laws – specifically by way of the Canada Labour Code, Canadian Human Rights Act (CHRA) and Employment Equity Act (EEA). These employees will typically be employed in industries under federal jurisdiction, such as broadcasting, telecommunications and air transportation. The remaining 90% of employees will be protected under provincial and/or territorial laws — specifically by way of the applicable Provincial/Territorial Employment Standards Act, the Labour Relations Act, the Health & Safety Act, Provincial Human Rights Act and Pay Equity. Essentially these employees will be employed in industries that are governed under provincial/territorial jurisdiction.

The Canadian Labour Code much like the Provincial/Territorial Employment Standards Act addresses a variety of employment-related provisions such as hours of work, minimum wages and annual vacation to name a few. The Canadian and Provincial Human Rights Acts are in place to prohibit discrimination on a number of protected grounds including, age, disability and family status. Employment Equity requires that employers take proactive measures to increase workplace representation of four designated groups: women, the disabled, visible minorities and Aboriginals. The Labour Relations Act offers protection to employees governed by a collective agreement while the Health & Safety Act holds both employers and employees accountable to ensure measures are taken to create and maintain a safe work environment. Pay Equity, while not a requirement in every province and territory, is in place to facilitate equal pay for work of equal or comparable value – essentially to ensure female employees are fairly paid for the work performed.

In addition to the regulatory environment, it is important to pay attention to Common Law outcomes – bodies of law developed as a result of judicial decisions. Recent developments in the areas of technology and social media are causing organizations across all sectors to stand up and take note — particularly as it relates to clearly articulating hours of work and overtime policies.

Finally, Contract Law – those laws that relate to legal and binding agreements (i.e. collective agreement) – will certainly influence employment terms such as rate of pay and vacation benefits and so it is incumbent upon hiring and HR managers to be sufficiently informed of these matters.

Why should you pay attention? Quite simply, to mitigate organizational risk!

Ignorance will certainly not be bliss if your organization falls short of meeting the minimum standards as set out in anyone of the Codes, Standards or Acts. Not only are there hefty fines to be levied, the impact to organizational reputation could prevent you from attracting the very talent you need.

As you prepare to post a job, you will need to define certain terms of employment such as the daily or weekly hours, the rate of pay, and the vacation benefits that will be associated with the role. It will be critical for you to be familiar with those provisions that matter to ensure your organization is at least meeting the minimum requirements. And, when you are defining the ideal candidate, validate whether the need for Canadian experience is a bona fide one; it could in fact be quite the opposite!

What can you do to mitigate organizational risk? Be informed!

First, determine which laws apply to your work environment and then, get familiar with them so that you can assess your organizations current context against the requirements. You should be aware if any legal gaps exist, the level of risk caused to the organization and, have an appropriate plan in place to close risky legal gaps. All of which will be invaluable measures to set you up for recruitment success!

The final part in this series will give attention to the steps used to identify the ideal candidate. How are you preparing for your next job posting?

To submit a question for a future column please leave a comment below or contact editor@charityvillage.com. No identifying information will appear in this column. For paid professional advice about an urgent or complex situation, contact Veronica directly.

V. Utton & Associates offers boutique-style human resource management services to small and mid-sized organizations with particular expertise in the non-profit sector. For a fresh “VU” on people practices contact us at info@vuttonassociates.ca.

Disclaimer: Advice and recommendations are based on limited information provided and should be used as a guideline only. Neither the author nor CharityVillage.com make any warranty, express or implied, or assume any legal liability for accuracy, completeness, or usefulness of any information provided in whole or in part within this article.

Please note: While we ensure that all links and email addresses are accurate at their publishing date, the quick-changing nature of the web means that some links to other websites and email addresses may no longer be accurate.