Legal knowledge helps HR perform duties
HR professionals need at least a basic understanding of workplace legislation and, as such, that knowledge should be a requirement of the Certified Human Resources Professional (CHRP) designation, according to the latest Pulse Survey.
“We need to know the basics of employment law. At the very least, we need to know what laws apply or the types of law that apply,” said Shawnee Love, an HR consultant in Kelowna, B.C.
The survey of 1,265 Canadian HR Reporter readers and members of the Human Resources Professionals Association found 92.9 per cent think a basic understanding of employment law is “quite,” “very” or “absolutely” important to performing one’s duties as an HR professional.
One-half (50.1 per cent) think this requirement is absolutely essential and 30.6 per cent think it is very important. Only 0.2 per cent of respondents think it is of little importance.
“HR is increasingly being involved in legal proceedings with companies. It would be good for their own sake if HR professionals had that footing on their side,” said Ian Birney, an HR co-ordinator in Toronto.
About 60 to 70 per cent of an HR generalist’s duties require at least some basic understanding of employment law, said Birney. Issues can range from wrongful dismissal to taxation laws to discrimination in recruitment and selection, he said.
Nearly two-thirds of respondents (65.4 per cent) think a legislation knowledge requirement would add value to the CHRP and 62.7 per cent would like to see such a requirement.
“Seeing that CHRP should give a potential employer some comfort that the candidate has that (legal) knowledge,” said Mary Ann Quail, manager of human resources at a Toronto company.
Legal knowledge makes for a more well-rounded and effective HR professional, she said.
“When you know the law, you can ensure your employees are treated properly,” said Quail. “As an HR leader, you want to be able to say, ‘We don’t only do the minimum that the law requires, we’re going over and above.’”
Birney is in favour of an employment law knowledge requirement for the designation but only if it involves federal legislation, not provincial legislation.
“It’s a national designation,” he said.
The majority of respondents (54.7 per cent) feel their colleagues have a more than adequate level of knowledge of employment law, while 31.8 per cent rate it as adequate and 10.2 per cent consider it “less” or “much less” than adequate.
“Most HR people that I’ve worked alongside are aware of what the laws are,” said Love. While they may not know the specifics, they know what they can answer and what they need to go to an expert for, she said.
“They know when to look into the law more and they know when they’ve reached the extent of their abilities and they need to get outside help,” said Love.
It’s not the HR professional’s job to provide legal advice, she said, but it is her job to have a good understanding of what laws apply in a given situation.
