Knowledge of employment law is essential to HR profession
The Pulse Survey in this issue (see article 7536) posed an interesting question: Should the Certified Human Resources Professional (CHRP) designation include a knowledge requirement for workplace legislation?
The short answer from the majority of respondents is yes — and it’s the right opinion.
General knowledge of the laws that affect workplaces is a must-have for every HR professional, regardless of tenure, company size or jurisdiction. There are myriad ways employers can misstep during an employment relationship, from the beginning (asking the wrong question in an interview) to the end (wrongfully dismissing an employee).
Law isn’t the touchy-feely side of HR. It’s not a nice-to-have that requires complex return on investment calculations to justify to senior management. It’s serious business that includes sexual harassment, discrimination, bullying and a host of other issues that can cost an employer dearly, both in terms of money and reputation.
Publications such as Canadian Employment Law Today are full of stories — often involving millions of dollars in damages — relating how employers make mistakes.
Does this mean HR professionals need to become employment lawyers? Absolutely not. Lawyers exist for a reason and every HR department should know a good one. But it does mean HR needs to take the time to stay up-to-date on the basics of current legal information.
Does an HR professional need to memorize the facts of cases such as Wallace v. United Grain Growers or how the law changed with Keays v. Honda Canada? No. But she should know employers have an obligation to treat employees fairly and with respect during the course of termination.
Does an HR professional need to memorize the facts of Bardal v. Globe & Mail? No. But she needs to know when dismissing an employee without cause, courts will take into account factors such as age, seniority, rank and availability of similar employment when calculating notice periods — so an employer had better think the same way when crafting a severance package to avoid a lawsuit.
As an HR professional, having a solid foundation in the basics of the legal landscape is something you use everyday, whether it’s counselling a manager on how to conduct proper progressive discipline (and being able to explain with confidence why he can’t fire Jim just because he doesn’t like him) or being able to draft and implement a dress code that doesn’t violate a worker’s human rights.
HR professionals know most of the legal basics. That is, in part, why HR has managed to gain so much confidence and respect in organizations. Knowledge of employment law is so essential to the HR profession it’s surprising the CHRP has existed this long without a legal component.
It’s time for every association across the country to take a serious look at including this requirement.
