Chapter 9 Flashcards
What is the manager function when it comes to rights and responsibilities?
Manager function as representative of the organization and therefore have the legal responsibilities and liabilities that go with that role.
What are employees demanding to their employers?
They are demanding to demonstrate greater social responsibility in managing their people.
Groups that can suffer from discrimination?
Everybody, but more often ( women, visible minorities, physically & mentally challenged, and the elderly )
What are some issues?
pay for dissimilar work, high cost of health benefits, daycare, alternative work schedules are ones that many employers must address as the workforce grows more diverse.
In what way employers must act?
Supervisors and managers are expected to behave in ways that acknowledge that employees have certain rights.
What is employee rights?
Expectations of fair treatment from employers.
What is the current emphasis on employee rights?
The current emphasis is a natural result of the evolution of societal, business, and employee interests.
When do those expectations become rights?
When they are granted to employees by the court, legislature, or employers.
Is the difference between an employee’s legal right to privacy and the moral or personal right to privacy is always clear?
No.
Are the uses of electronic monitoring by the employer to observe employees can be perceived as an invasion of privacy? Is it illegal?
Yes, it can be perceived as an invasion of privacy and it is not illegal.
What can happen if employers do not use reasonable care when it comes to hiring, training, and assignment of employees to a job?
Negligence
What is negligence
Negligence is a failure to provide reasonable care where such failure results in injury, to consumers or other employees.
When do employee rights and employer responsibilities can come into conflict?
When the failure of an employer to honor employee rights can result in:
- costly lawsuit
- damage the organization reputation
- hurt the employee morale
What are statutory rights?
Rights that derive from legislation (ex: legislation protects employees from discrimination on the basis of such ground as age, sex, race, harassment)
What do provincial employment standards acts establish?
The basic rights such as overtime pay and minimum vacation pay.
What are contractual rights?
Rights that derive from contracts.
What is the due process?
Employee’s right to a fair process in making a decision related to employment relationship.
Is the due process a legal obligation?
No.
What are the principles incorporated in managers’ interpretation of due process?
- The right to know job expectations and the consequences of not fulfilling those expectations
- The right to consistent and predictable management action for the violation of rules
- The right to fair discipline based on facts, the right to question those facts, and the right to present a defense
- The right to apply disciplinary actions
- The right to progressive discipline - to be informed about an incident and be given a chance to improve.
Does the due process guarantee employees to have the assurance of employment?
No.
What do employee rights expectations include?
Include those:
- regarding substance abuse and drug testing
- privacy
- plant closing notification
- just-cause disciplinary
- discharge procedure
What are the most common means of electronic use by employers to monitor the conduct of their employees?
Telephone surveillance
What is the name of the document that makes employee expect their employers to be reasonable in their use of surveillance?
Personal Information Protection and Electronic Document Act (PIPEDA)
What are the “best practices” that are suggested to use when considering using surveillance?
- Establish, communicate, and enforce written policies
- Have up-to-date policies that include social media and any other technology that can be perceived as intruding on one’s privacy
- Ensure that only information relating to employment is collected
- Ensure that personal information is kept secure
- Apply policies consistently
Do most employers give their employees access to their employment files?
Yes
What is the foundation of an effective disciplinary system?
Clearly stating expectations of performance and behavior
What are the three meanings of discipline?
- treatment that punishes
- orderly behavior in an organizational setting
- training that moulds and strengthens desirable conduct - or corrects undesirable conduct - and develops self-control
What should be conducted before any disciplinary action is initiated?
An investigative interview should be conducted
What is the disciplinary model?
- Organization discipline policy
- Definition of discipline
- Violation of organizational rules
- Investigation of employee offense
- Disciplinary interview
- Progressive discipline
- Due process
- Just cause
- Discharge
What is progressive discipline?
Application of corrective measures by increasing degrees
What are the “best practices” when documenting discipline?
- Complete the documentation in a timely manner
- Ensure all documents are dated
- Ensure the documentation clearly identifies what occured and what was expected
- Ensure the investigation is documented, including an opportunity for the employee to provide their perspective
- Share the outcome of investigation with the employee
- Share a copy of the investigative conclusions with the employee and the supervisor
What is positive discipline?
A system of discipline that focuses on the early correction of the early correction of employee misconduct, with the employee taking total responsibility for correcting the problem.
What is compiling a disciplinary record?
First Conference (oral reminder):
- Review performance standards or behavioural expectations of employee
- Obtain employee’s commitment to meeting standards
Second Conference (written reminder):
- Emphasize why problem must be resolved
- File written solution to problem
- Obtain employee’s commitment to meeting standards
Decision-Making Leave/Decision Day:
- Grant leave day with pay
- Obtain employee’s commitment to meet standards or terminate
What are the information required in the documentation of employee misconduct?
- Employee’s name and job title
- Names of others involved or who witnessed the incident
- Date, time, and location of the incidents
- Creation of a factual account of what happened and why it is a problem
- Identification of which policies were broken
- Notation of the impact of the behaviour on other employees
- Identification of changes required to correct the problem and by what date
- Prior discussions with the employee about the problem
- Consequences if improvement is not shown, and a follow-up date
What is a wrongful dismissal?
Terminating an employee’s employment without just cause
Whart are some examples of “just cause” dismissal?
- excessive lateness or abdsenteeism
- theft from the company
- improper or wrong conduct
What is a constructive dismissal
Changing an employee’s working conditions such that compensation, status, or prestige is reduced
Does the employe have to provide appropriate notice when he or she gives a constructive dismissal?
Yes
What are the guidelines for a dismissal meeting?
- hold the meeting as early in the week
- Come to the point within the first 2 or 3 minutes
- be straightforward and firm
- make the discussion private
- avoid bringing up any personality differences
- provide any info on severance pay, status of benefits and coverage
- explain how employment inquiries from future employers will be handled
- arrange a mutually-agreed-upon time for employee to clear out personal belongings
- have another manager present as a witness
What do employers often use to assist employees who are being dismissed?
career transition or outplacement services
What are the common reasons given by supervisors for their failure to impose a disciplinary penalty?
- The supervisor had failed to document earlier actions
- Supervisors believed they would receive little or no support from higher management
- The supervisor was uncertain of the facts underlying the situation requiring disciplinary action
- Failure by the supervisor to discipline employees in the past
- The supervisor wanted to be seen as a likable person
What is the definition of alternative dispute resolution?
Term applied to different types of employee complaint or dispute-resolution procedures
What is meditation?
The use of an impartial third party to help facilitate a resolution to employment dispute
What is a step-review system?
System for reviewing employee complaints and disputes by successively higher levels of management
What is the role of a hearing officer?
A person who holds a full-time position with an organization but assumes a neutral role when deciding cases between management and aggrieved employees
What are the steps in a step review appeal procedure?
Employee Supervisor Department head HR department Top management
What is the definition of an open-door policy
A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact
What is an ombudsperson?
A designated individual from whom employees may seek counsel for the resolution of their complaints
