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Under the Charter of Rights and Freedoms, the Supreme Court of Canada has made a number of important decisions pertaining to union rights. What impact do these decisions have on management and unions?
In Canada, The Charter of Rights and Freedoms refers to the bill of rights protected in their constitution. This charter came into play in the year 1982. Before the year 1982, the charter was in the form of a statute. Being in form of a statute rather than a constitutional document, the charter was limited in scope. However, since the enactment of the charter in the year 1982, the Canadian Supreme Court has made a number of important decisions some of which pertain to union rights and management.
There have been up to seven important decisions made by the Canadian Supreme Court concerning union rights. For instance, during the years 1987 and 1994 cases were brought before this court by the unions on the issues of laborers’ right to strike and bargain collectively. Notably, the decisions reached by the courts in these cases have had great impacts on the unions and the management. For the unions, these cases have enabled them to exercise collective bargaining as enshrined in the right to freedom of association. Through this, the unions have been able to enhance workers’ social equality and freedom enabling them to assert an effective voice and representation in their workplaces. For the management, these court decisions have forbidden them from meddling with their employees’ rights to associate, bargain collectively, and relate to labor organizations. Through these initiatives, the association between the employees and the management has improved significantly reducing the cases of civil strikes and protests. In general, all these decisions have had a great impact on the relationship between the labor stakeholders and enabled the courts to increase the extent of their judicial review.
Reverse discrimination has, so far, not been a salient issue in Canada, especially since human rights legislation allows employers to use employment equity programs “to correct past wrongs”- that is, hire more protected groups, such as women, members of a visible minority and Aboriginal people, ideally to more accurately reflect the distribution of protected groups in the community in the makeup of the organization’s staff. Despite the legality of employment equity programs, the question has been raised as to whether it is ethical to choose a less qualified candidate over a better qualified one. Shouldn’t the “best” candidate get the job? Please comment.
In the workplaces, the minority groups have previously been denied the rights to access equal privileges as the majority members do. However, current Canadian human rights legislations permit employees to practice reverse discrimination to correct these past wrongs. Through these, employers can hire more minority group individuals such as women, the handicapped, or the aboriginal people. It is believed that in the end, these initiatives will help to address issues related to social inequalities. Through these initiatives, several controversial issues have been raised on reverse discrimination in Canadian workplaces. According to the proponents, reverse discrimination is ethically wrong as the best candidates are rejected for the less qualified candidates.
In my view, reversed discrimination should be encouraged both in the workplace and in our learning institutions. Through this move, our institutions can be able to reduce, and in the end, stop cases of social discrimination. Similarly, through these programs minority groups can be compensated for the injustices committed against them in the past. By doing so, the welfare and esteem for these minority groups will be enhanced in society. Equally, through this approach organizations can be able to reduce the effect of competitive disadvantages attributed to precedent social inequalities. By doing so, organizations can be able to allow both the minority and the majority group members in the workplaces to enjoy access to equal privileges. It is a fact that even the best candidates might not possess the ideal attributes for a given position. Therefore, organizations should not only select the best candidates to fit into specific positions, but they should also consider selecting candidates who will enhance the diversity of the workplace. In the end, reverse discrimination will enhance equity in organizations and enhance certain forms of desirable organizational changes.
Suppose your employer asks you, the human resource manager, to justify the relatively large recruiting budget that you have been historically assigned what arguments would you provide? What indices or measures will you provide to show that your recruitment is cost-effective?
In the past, as a human resource manager, I have been awarded a relatively large recruiting budget. My department is responsible for hiring effective workers and placing them in the appropriate positions allowing them to maximize their knowledge and skills for the benefit of the organizations and the employees. Based on these facts, my department is a human resource venture that needs appropriate funding to succeed in its endeavors. In this regard, the finance department should acknowledge that recruitment and selection of staff members are crucial efforts aimed at enhancing our organization’s sustainability and survival in the present and in the future.
My department would like to appreciate the finance department for allocating us with a relatively large budget. With this budget, we have been able to conduct a comprehensive search for potential employees. Unlike in the past, the budget enabled my department to employ competent employees who are well suited to our organizational customs and surroundings. Through this, we were able to reduce the extra money that is normally required for training new employees. As compared to the past budgets, the budget enabled us to acquire new employees with the right talent within the right time saving on cost and labor. With the appropriate recruitment budget, our organization will in the end save a lot of money wasted in recruiting new employees, as the new employees are perfectly suited for their positions reducing increased turnovers and job terminations. To ascertain this, our organization can investigate the current turnover rates and compare the results with the fast turnover rates.
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