Chp 11: managing employee relations Flashcards
LO1: how is state of employee relations determined
The state of employee relations in an organization is determined by how human resource planning, placement, training and development, evaluation, and compensation is handled
LO1: what is employee relations a blend of
org culture, HR practices, individual perceptions
LO1: 4 strategic importances of employee relations
1) improve productivity
2) implementation of org strategies
3) reduce employment costs
4) help employees grow + develop
LO1: employee relations: explain improve productivity
productivity significantly impacted by ability + attitude
LO1: define ability
whether an employee is able to perform a job. Influenced by things like training, education, innate aptitude, tools, work environment
LO1: define attitude
individual’s willingness to perform a job. Affected by motivation, job satisfaction, commitment to work.
LO1: employee relations: 2 points to implementation of org strategies
1) Goals + strategies communicated
2) Employees provide commitment
LO1: employee relations: 2 points to reduce employment costs
1) Reduced absenteeism + turnover
2) Provides recruitment advantage
LO1: employee relations: 2 points to help employees grow + develop
1) Help employees achieve personal goals
2) Improve morale, loyalty + productivity, ready availability of skilled personnel, social objectives of org
LO1: 5 key dimensions of employee relations
1) Employee involvement
2) Employee communication
3) Employee counselling
4) Employee discipline
5) Employee rights
LO1: define downward communication
info that begins at some point in org and feeds down into org hierarchy to inform or influence others
LO1: 1 point to downward communication
Exist to get info to employees
LO1: 4 examples of downward communication
1) In-House publications & Prerecorded messages
2) Electronic communication
3) Social media / Mobile Devices
4) Information sharing and open-book management
LO1: 2 points of inhouse publications and prerecorded messages
1) Purpose: inform employees about current developments + foster long term understanding of objectives + missions
2) Can be employee handbook (often used in litigation), specialized subjects related to HR activities like wage incentive, retirement, fringe benefits.
LO1: define intranet
internal communication systems that function like a smaller version of world wide web
LO1: uses of intranet
info dissemination, collection of employee info, HR transactions (eforms), training, collection of feedback info (survey, blog posts), community building (tracking birthday), performance management, recruitment, updating handbooks+forms and removing admin burden from HR
LO1: 4 social media concerns for org
1) damage to brand 2) disclosure of info 3) corporate identity theft 4) legal and compliance violations
LO1: what causes firms to hire chief reputation officer
Increase reliance on social media and concern by org about reputation
LO1: impact of cloud based tools
social communication, unified communication, rich communication services (audio/video calling), accessible software
LO1: define open book management
make employees assume more responsibility for firm success.
LO1: does upward or downward communication need more improvement
upward
LO1: define upwards communication
communication that begins in org and proceeds up hierarchy to inform or influence others
LO1: 2 points to upward communication
1) Exist to obtain info from employees
2) Informal day to day communication often sufficient for employee + supervisor
LO1: 6 examples of upward communication
1) grapevine
2) HR management + tech
3) in house complain procedures
4) manager-employee meetings
5) suggestion systems
6) employee attitude/opinion survey
LO1: define grapevine
informal communication within org that arises from normal social interaction
LO1: 5 competency domains for HRM
1) HR tech
2) business knowledge
3) HR delivery
4) strategic contribution
5) personal credibility
LO1: how are many HRMS being used
maintaining employee records rather than communication + strategy purposes
LO1: define in house complain procedures
formal methods through which employee can register complaint
LO1: goal of in house complaint procedure
To lessen burden of going over supervisor head
LO1: goal of alternative dispute resolution
resolve disputes in timely, cost effective manner
LO1: 4 types of alternative dispute resolution
1) open door policy
2) peer review panel/ombudsman
3) mediation
4) arbitration
LO1: define open door policy
company policy that encourages employees to address problems to higher levels of mgmt
LO1: explain peer review panel/ombudsman
1) makes recommendation + hears problem
2) most disputes settled here
LO1: explain mediation
neutral 3rd party, cannot impose settlement
LO1: explain arbitration
1) neutral 3rd party makes binding decision
2) Common in union
LO1: extra type of in house complaint procedure and explain
Nonunion grievance procedure: one in writing, guarantees employees right to present complaints to mgmt
LO1: define suggestion system
formal methods of generating, evaluating, implementing employee ideas
LO1: explain suggestion systems
1) If idea is implemented, employee receives recognition and sometimes rewards (10% of first year’s savings or flat dollar to minimize need for precision)
2) Flat dollar - employees receive feedback from suggesting faster
3) Works in government, harder to implement because mgmt changes when new admin takes over
LO1: define employee attitude/opinion surveys
systematic method of determining what employees think of org
LO2: define counselling
Discussion of a problem with an employee to resolve the issue and/or help the employee cope so he can be more effective
LO2: what do some firms say about conselling
Some firms say to managers to avoid giving personal advice to employees not related to job, may give inappropriate or wrong advice and not qualified
LO2: example of employee counselling
employee assistance program
LO2: 2 points to EAP
1) Comprehensive company program that seek to help employees to overcome personal and work-related problems
2) Online communications are increasingly being used to supplement EAP structures, many prefer face to face
LO3: define discipline
Management action taken to encourage compliance with standards. Seeks to inform employees about org expectations + change behaviour + attitude
LO3: 2 types of discipline
preventive, corrective
LO3: define preventive discipline
Action taken prior to any infraction to encourage employees to follow the rules and standards
LO3: 2 points to preventive discipline
1) Encourage self-discipline
2) HR is responsible for developing programs and communication
LO3: define corrective discipline
Discipline that follows a rule infraction (e.g., a warning, suspension without pay)
LO3: what is penalty of corrective discipline
disciplinary action
LO3: 3 objectives of disciplinary action
1) To reform the offender
2) To deter others from similar actions
3) To maintain consistent, effective group standards
LO3: 3 points to corrective discipline
1) Objectives: positive, educational, corrective, improve future, not punish act
2) Follows sandwich model, correction between 2 positives
3) Corrective discipline frequently not used or not used properly as managers received little training
LO3: 3 restrictions on discipline
1) May be restricted by union contracts and government legislation (cannot be disciplined for asserting rights protected by law)
2) A useful guide for corrective discipline is the hot-stove rule
3) due process
LO3: define due process
in a disciplinary situation, following proper, established rules and procedures and giving employees the opportunity to respond to allegations
LO3: define hot stove rule
principle that disciplinary action should be like what happens when you touch a hot stove: warning, immediate, consistent, impersonal
LO3: what discipline do most employers use?
progressive discipline
LO3: define progressive discipline
Stronger penalties for repeated offences
LO3: 5 stages of progressive discipline
1) Verbal reprimand by supervisor
2) Written reprimand; with a record in file
3) 1-3 day suspension
4) Suspension for 1 week+
5) Discharge for cause
LO3: 4 steps in program for progressive discipline
1) indicate in writing nature of problem and impact of performance on org
2) provide warning that failure to improve will include discipline
3) establish progressive discipline
4) demonstrate discipline applied in fair + consistent manner
LO3: 2 points to progressive discipline
1) Some systems allow minor offences removed from record after 1-5 years
2) Serious offences like fighting or theft do not need progressive discipline, may be discharged on first offence
LO3: 2 points to positive discipline
1) Takes a problem-solving approach
2) Employee accepts that a problem exists and employee takes responsibility
LO3: 5 steps of positive discipline
1) Focus on the specific problems
2) gain agreement with employee that problem exists and that employee responsible for changing behaviour
3) approach discipline as problem solving process
4) Document suggested changes and employee’s commitments
5) Follow-up to ensure employee is keeping commitments
LO3: 4 general types of discipline
1) preventive
2) corrective
3) positive
4) progressive
LO3: define wrongful dismissal
termination of an employee without just cause or without giving employee reasonable notice or compensation in lieu of notice
LO3: wrongful dismissal for union employees
dismissal governed by provisions in collective agreement and remedy exists with grievance arbitration process
LO3: what is included in just cause
1) Any act by an employee that could have serious negative effects on the organization
2) Typically includes incompetence + employee misconduct
LO3: who is responsible for proving just cause
Employer
LO3: define just cause
legal grounds for termination
LO3: wilson v atomic energy
supreme court said employers need to provide reasons why dismissal is appropriate and employment contracts giving dismissal without just cause are unenforceable
LO3: what happens if given notice/severance
can still claim unjust dismissal under canada labour code
LO3: 2 points to just cause
1) Historically, management thinks just cause exists when courts don’t. Recently this has swung in favour of management.
2) In many cases, they are settled out of court.
LO3: what does employment contract imply
implied warranty that employee is reasonably competent and able to perform work
LO3: 4 requirements in dismissing incompetent employee for just cause
1) Providing reasonable, objective standards of performance in clear, understandable manner
2) Showing that employee failed to meet standards
3) Employee must be given clear warning that they have failed to meet standards, including particulars to specific deficiency
4) Establishing that employee was given a clear warning including warning that dismissal could result if standards were not met
LO3: 4 classes of misconduct for just cause
1) Unfaithful service to the employer
2) Misconduct of a general nature
3) Theft, fraud, or dishonesty -> most serious
4) Willful disobedience of a reasonable and lawful order -> considered repudiation of employment contract, includes absent, tardiness, breach of rules. Petty disagreements do not amount to cause. Reasonable excuse for disobedience will negate intent required for cause.
LO3: what is not just cause
Business or economic reasons are not just cause for dismissal because such factors are not related to the employee’s behaviour
LO3: why don’t employees report misconduct
due to lack of faith investigation conduct properly, perception that disciplinary measures not consistently applied, fear of retaliation or negative consequences
LO3: define constructive dismissal
A major change in the employment terms that results in an employee resigning may be considered constructive dismissal
LO3: 4 examples of constructive dismissal
1) Significant change in job function
2) Demotion
3) Demand for an employee’s resignation
4) Forced transfer
LO3: potter v new brunswick legal aid services commission
2 branches of constructive dismissal (single act, multiple acts) and importance to act in good faith by employer
LO3: explain reasonable notice
When an employer does not have just cause for dismissal, “reasonable notice” or compensation in lieu of notice is required
LO3: 6 considerations for reasonable notice
1) Employee’s age
2) Length of service
3) Salary
4) Occupational status (character of employment - position + responsibilities has come under criticism)
5) Labour market conditions
6) Attempt to mitigate loss
LO3: general reasonable notice
clerical/blue collar -> 2 weeks/year
supervisor/lower mgmt -> 3 weeks/year
senior mgmt/professional -> 1 month/year
LO3; explain wallance effect
1) Resulted in the awarding of extended periods of notice in a number of wrongful dismissal cases where the employer acted in a callous manner
2) Recent decision in Honda Canada v. Keays, addressed bad-faith damages and restricted use of punitive damages (employee must suffer damages)
3) Decision of the Supreme Court in Wallace v. United Grain Growers. Added 9 months to reasonable notice award of 15.
LO3: 8 management dismissal guidelines
1) Prepare for the interview & conduct a rehearsal
2) Consider the employee’s perspective
3) Get to the point
4) Select the time and a private place
5) Have necessary information ready
6) Notify others and ensure duties are covered
7) May require special security measures
8) Discuss process with other colleagues who have had to terminate employees
LO3: explain right to privacy
1) Collect only job-related information
2) PIPEDA requirements, came into effect 2004 in every province
2) Does not need to be recorded info
3) personal info Is factual info about an individual
LO3: when did anti spam come into effect
2014
LO3: 10 PIPEDA principles
1) accountability
2) identifying purposes
3) consent
4) limiting collection
5) limiting use, disclosure, retention
6) accuracy
7) safeguards
8) openness
9) individual access
10) challenging compliance
LO3: irving oil
right to fair treatment- cannot do alcohol testing without evidence problem of alcohol at work
LO3: 3 employer concerns of cannabis legalization
1) Lack of product knowledge
2) Unavailability of an accurate and reliable test of impairment
3) Use in safety-sensitive positions
LO3: what is important for cannabis legalization
1) Will be important to distinguish between recreational and medical use
2) Accommodation like medical leave and alternative work assignment
3) Risk of blanket zero tolerance policy but right to prohibit using while employee working
LO3: stewart v elk coal
employee terminated for being in breach of company policy, not addiction for refusing to disclose drug addiction
LO4: how to improve quality of work life
Method to improve quality of work life is employee involvement - systematic methods that empower employees to participate in decisions that affect them and relationship with org. Must be more than systematic approach, must be part of culture.
LO4: 2 principles of employee involvement
1) employees support systems they helped to make
2) Employees who perform task know more about it than anyone
LO4: 3 methods of employee involvement
1) self directed work teams
2) high involvement work practices
3) employee self service
LO4: define self directed work teams
Teams of workers who make decisions traditionally handled by a supervisor
LO4: define high involvement work practices
Set of human resource practices aimed at increasing employee/employer performance
LO4: what is employee self service aimed for
aimed at reducing administrative work
LO4: 2 points to employee self service
1) productivity applications
2) strategic applications
LO4: what is included in productivity applications
Management of personal data, retirement plans, and health and benefits management
LO4: what is included in strategic applications
Online recruitment and skills management applications
LO5: 2 points to no layoff policies
1) Contrary to the downsizing trend of the 1990s, some organizations are developing no-layoff policies
2) Employees who have job security are more receptive to change and more likely to be innovative
LO5: define org downsizing
Reducing employment to improve organizational performance (efficiency, productivity, competitiveness)
LO5: 2 points to org downsizing
1) Surviving employees become narrow minded, self-absorbed, risk-averse, morale sinks, productivity drops, distrust mgmt
2) Firms engaging in downsizing do not perform better financially . often fails to meet org objectives
LO5: 3 types of downsizing strategies
1) Workforce Reduction:
2) Work Redesign
3) Systematic Change
LO5; define systematic change
change of culture and attitudes/values of employees to reduce costs + improve quality
LO5: 3 things that change nature of work
1) advances in AI
2) machine learning
3) computerization
LO5: jobs with high risk of redundancy
Retail salespeople, admin assistants, food counter attendants, cashiers, truck drivers
LO5: jobs with low risk of redundancy
Management, teaching, science, technology, engineering, math
LO5: what often causes employees to leave jobs
One reason employees leave job is shock - some precipitating event more likely than job dissatisfaction to cause employee to leave
LO5: 5 things to retain top performers
1) Develop a planned approach to employee retention
2) Become an employer of choice
3) Communicate vision and values clearly, frequently, and consistently
4) Reward managers for keeping good people
5) Use exit interviews to obtain information
Lecture: what areas did OPP officer john doe touch on?
harassment, disability accommodation, safety, discipline
Lecture: explain opp case
1) Fired at his desk job because of performance issues at his past job
2) They didn’t give him any accommodation
3) He could have called constructive dismissal because they didn’t accommodate him to the point he quit
4) The chain of command should have been disciplined
Lecture: email case study
roger received phone call that john (sales person) sent friends email about how randy is a useless supervisor. you should ask to see email
Lecture: pot brownie case study
1) employee brought in pot brownies and lied to coworker
2) just cause
3) Off duty misconduct. You can be fired for something off duty
Lecture: bad odour and bad attitude
1) not just cause
2) she did not get formal warning - no progressive discipline
Lecture: vengeance by chocolate
1) news reporter contaminated chocolates with dirt and sent to member of activist org
2) reporter had regrets, confessed and apologized
3) not just cause
4) he was in his actions as private citizen
Lecture: hail to bus driver
1) just cause
2) put employer reputation at risk
3) off duty misconduct still there for just cause
Lecture: insult to injury and death
1) employee cleaned up dead body and posted on social media
2) just cause
3) gave out confidential patient info, contrary to code of conduct
4) employee was not remorseful and did not accept responsibility for actions
Lecture: lesson for employer about just cause
there is no “one size fits all” approach to just cause for dismissal
Lecture: Video explanation
1) Lynn is shocked by the action taken by HR (janet) and does not feel the violation of company policy warranted the punitive action that was taken (willy suspended for using company phone)
Lecture: video solution
1) They didn’t say what amounts to misconduct, they need to be specific on what the thresholds are, what can they and can they not use internet + phones for
2) The manager was trying to intimidate the boss. Things were made personal.
3) There was no warning given and there was no progressive discipline
