Lecture #10: Employee Relations (12pts)

Question 1

What are the different complaint procedures?

Answer 1

• Filing a complaint with HR in-house (formal method): The person conducting the investigation must have experience with that. They must be unbiased. Must be completed in a timely manner

ADR:
- Open door policy - Employees go to their supervisor to resolve the conflict.
Pros: Supervisors may have more situational context. Might get done quicker.
Cons: They may be biased. They may not be competent in dealing with the investigation/more structured process. The repercussions may not be as serious. May not feel comfortable going to the manager.

• Meditation - Neutral 3rd party. They can’t impose settlement
• Arbitration - Neutral 3rd party. They will impose a binding settlement

Question 2

What are the steps involved in the progressive discipline process?

Answer 2

Progressive discipline process: (penalties for repeated offenses)
- Verbal reprimand
- Written reprimand
- 1-3 day suspension
- Longer term suspension
- Dismiss with just cause

Question 3

What are the requirements for dismissing employees with just cause?

Answer 3

• Must have proof of the employee’s negative effect on the organization. (misconduct, incompetence etc)
• Provide reasonable standards of performance (job analysis)
• Demonstrate employee failed to meet standards (performance appraisal)
• Clear specific warning of performance standards not being met
• Clear warning of consequences if standards are not met
• Provide reasonable amount of time to improve
• Apply disciplinary actions consistently across employees for comparable behaviors

Question 4

How do you handle with & without cause dismissals?

Answer 4

If terminating without cause consider the BARDAL factors when determining severance. (Age, Length of service with the company, Current salary, Occupation, Labour market conditions) This is important so the employee has security if they are unable to find a new job quickly based on the factors above. (ex: it’s harder for older people to find jobs, or if someone is in a niche role it’s hard to find something similar)

Guidelines for dismissing an employee:
- Prepare for interview & conduct rehearsal
- Consider the employee’s perspective
- Get to the point
- Select time & place
- Have necessary information ready
- Notify others & coverage of duties
- Consider special security measures

Question 5

Describe how to deal with drug and alcohol issues in the workplace.

Answer 5

• Dealing with the situation in the present moment: (if they are drunk)
  Consult the company policies. Quietly remove them from the scene. Speak with them and understand their state, give them the opportunity to explain themselves. Document the incident. Send them home with suspension in a cab. Advise the union or HR.
• Next time you see the employee:
  Have a conversation with them when they are in a better state of mind. Explain the repercussions and the disciplinary actions.
• If it continues to occur:
  Continuing monitoring. Documenting everything. Provide them with options to get better. (EAP) If the problem continues and you complete progressive discipline, you can dismiss with cause from there.
• If they declare they are an alcoholic:
  Allow them to take a leave of absence or sick time. Provide them with options to get better. (EAP)
  Do not share any confidential details to other employees as to avoid their right to privacy.
• Returning to work after treatment:
  To be eligible to return to work, employees might be subject to an addictions assessment to prove that they are fit to work.
  A relapse prevention agreement outlines the responsibilities and expectations of the employee and the consequences if the behavior continues.

Companies should consider the situational factors when applying a company policy and the complexity of administering substance use and abuse policies.

Question 6

What are the different types of discipline?

Answer 6

• Preventative Discipline : action taken prior to any infraction to encourage employees in a positive way to follow rules.
• Corrective Discipline : action taken after infraction to change the behavior (penalizing, set precedent so it does not occur again, reforms, and warns others)