HRM 5th chapter 13 employee rights and discipline

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Managing Human Resources

Belcourt * Bohlander * Snell 5 th Canadian edition

Employee Rights

and Discipline

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division of Thomson Canada

Objectives

After studying this chapter, you should be able to:

1 Explain statutory rights, contractual rights and due

process

2 Identify the job expectancy rights of employees

3 Identify and explain the privacy rights of

employees

4 Explain the process of establishing disciplinary

policies, including the proper implementation of

organizational rules

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Objectives (cont’d)

After studying this chapter, you should be able to:

5 Discuss the meaning of discipline and how to

investigate a disciplinary problem

6 Differentiate between the two approaches to

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Employee Rights and Privacy

• Employee Rights

particularly regarding an employee’s right to privacy

exchange of employment obligations between an employee and employer

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Employment Protection Rights

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Wrongful Dismissal for Just Cause

• The employer must

document and prove

serious misconduct or

incompetence on the part

of the employee

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Tips to Avoid Wrongful Employment Termination Lawsuits

• Terminate an employee only if there is an

articulated reason.

• Set and follow termination rules and

schedules.

• Document all performance problems.

• Be consistent with employees in similar

situations.

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Constructive Dismissal

• Changing an employee’s working conditions such that compensation, status

or prestige is reduced

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Job Expectancy Rights

• Employees expect certain rights associated with

fair and equitable employment, including:

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• Access to Personnel Files

• E-mail and Voice Mail

• Access to Personal Files

• Conduct Outside the

• Access to Personnel Files

• E-mail and Voice Mail

• Access to Personal Files

• Conduct Outside the

Workplace

• Genetic Testing

Employee Privacy

versus

Employer Obligations

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Employee Searches and Electronic

Monitoring

1 The search policy should be widely publicized and should

advocate a probable or compelling reason for the search.

2 The search policy should be applied in a reasonable,

evenhanded manner.

3 Where possible, searches should be conducted in private.

4 The employer should attempt to obtain the employee’s

consent prior to the search.

5 The search should be conducted in a humane and discreet

manner to avoid infliction of emotional distress.

6 The penalty for refusing to consent to a search should be

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E-Mail, Internet, and Voice Mail: Policy Guidelines

• Ensure compliance with federal and provincial legislation.

• Specify the circumstances, if any, under which the system

can be used for personal business.

• Specify that confidential information not be sent on the

network.

• Set forth the conditions under which monitoring will be done

—by whom, how frequently, and with what notification to

employees.

• Specify that e-mail and voice mail information be sent only to

users who need it for business purposes.

• Expressly prohibit use of e-mail or voice mail to harass

others or to send anonymous messages.

• Make clear that employees have no privacy rights in any

material delivered or received through e-mail or voice mail.

• Specify that employees who violate the policy are subject to

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Personnel Files: Policy Guidelines

• Ensure compliance with applicable laws.

• Define exactly what information is to be kept in employee

files.

• Develop different categories of personnel information,

depending on legal requirements and organizational needs.

• Specify where, when, how, and under what circumstances

employees may review or copy their files.

• Identify company individuals allowed to view personnel

files.

• Prohibit the collection of information that could be viewed

as discriminatory or could form the basis for an

invasion-of-privacy suit.

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Employee Privacy Issues

• Employee Conduct outside the Workplace

off-duty misconduct must establish a clear

relationship between the misconduct and its negative effect on other employees or the organization

• Genetic Testing

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Definition of discipline

Violation of organizational

rules

Violation of organizational

rules

Investigation

of employee offence

Investigation

of employee offence

Discharge

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Common Disciplinary Problems

ATTENDANCE PROBLEMS

• Unexcused absence

• Chronic absenteeism

• Unexcused/excessive tardiness

• Leaving without permission

DISHONESTY AND RELATED PROBLEMS

• Theft

• Falsifying employment application

• Willfully damaging organizational

property

• Punching another employee’s time card

• Falsifying work records

WORK PERFORMANCE PROBLEMS

• Failure to complete work assignments

• Producing substandard products or

• Failure to use safety devices

• Failure to report injuries

• Carelessness

• Sleeping on the job

• Using abusive or threatening

language with supervisors

• Possession of narcotics or alcohol

• Possession of firearms or other

weapons

• Sexual harassment

Figure 13.6

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The Results of Inaction

• Reasons given by supervisors for their failure to impose

a disciplinary penalty:

no record existed on which to base subsequent disciplinary action.

support from higher management for the disciplinary action.

situation requiring disciplinary action.

past for a certain infraction caused the supervisor to forgo current disciplinary action in order to appear consistent.

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Setting Organizational Rules

Get Signed Statements

of Understanding

Guidelines for the Implementation

of Organizational

Rules

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The Hot-Stove Approach to Rule

Enforcement

• Hot-Stove Rule

compared with a hot stove in

that it gives warning, is

effective immediately, is

enforced consistently, and

applies to all employees in

an impersonal and unbiased

way

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Discipline

• Definitions of Discipline

conduct or corrects undesirable conduct and develops self-control

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Considerations in Disciplinary Investigations

1 In very specific terms, what is the offence charged?

2 Did the employee know he or she was doing

something wrong?

3 Is the employee guilty?

4 Are there extenuating circumstances?

5 Has the rule been uniformly enforced?

6 Is the offence related to the workplace?

7 What is the employee’s past work record?

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Documentation of Employee Misconduct

• Date, time, and location of the incident(s)

• Description of the problem/misconduct

• Consequences of misconduct on employee and/or work

unit

• Prior discussions with employee about conduct

• Disciplinary action to be taken and specific improvement

expected

• Consequences for employee if behaviour is not changed

and follow-up date

• Reaction of employee to supervisor’s efforts

• Names of witnesses to incident

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The Investigative Interview

• Conduct of an Interview

performance and behavior standards of the job

job performance

explain his or her side of the issue

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improvement is not made.

• Positive, or Non-punitive, Discipline

employee misconduct, with the employee taking total responsibility for correcting the problem

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Positive Discipline Procedure

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Disciplinary Action for Unsatisfactory

Performance

• Do clear and objective performance standards exist?

• Has employee received proper orientation and training?

• Is the unsatisfactory performance caused by conditions beyond employees’ control?

• Has employee been given adequate warning and time

to improve performance?

• Are the other employees meeting performance

standards?

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Considerations When Discharging an

Employee

• What is the employee’s length of service?

• What is the employee’s previous service record?

• Did employee receive warning and lesser penalties, i.e., progressive discipline?

• Did employer use every means possible to avoid the

discharge?

• Are there any evidences of prejudice or bias toward

employee?

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“Just Cause” Discharge Guidelines

1 Did the organization forewarn the employee of the possible

disciplinary consequences of his or her action?

2 Were management’s requirements of the employee reasonable in relation to the orderly, efficient, and safe operation of the

organization’s business?

3 Did management, before discharging the employee, make a

reasonable effort to establish that the employee’s performance

6 Has management treated this employee under its rules, orders,

and penalties as it has other employees in similar circumstances?

7 Did the discharge fit the misconduct, considering the seriousness

of the proven offense, the employee’s service record, and any

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Informing the Employee

• Conducting a Discharge Meeting:

logical order all reasons for the termination.

your decision.

sends a mixed message to the employee.

personal feelings into the discussion.

the employee.

of benefits and coverage.

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Due Process

• An employee’s right to present his or her

position during a disciplinary action.

not fulfilling those expectations

the violation of rules

to question those facts, and the

right to present a defence

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Alternative Dispute Resolution

• “ADR”

complaint or dispute-resolution procedures

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Alternative Dispute Resolution Procedures

• Step-Review System

disputes by successively higher levels of

management

• Peer-Review System

representatives and management appointees

evidence, consider arguments, and after deliberation, vote independently to render a final decision

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Conventional Step-Review Appeal Procedure

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Additional ADR Procedures

• Open-Door Policy

levels of management above the immediate

supervisor for employee contact

seek counsel for the resolution of their complaints

made by an employee’s supervisor, but they should

be able to appeal the decision up the line if they

believe an employee is not being treated fairly

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Third-party Dispute Resolution

• Mediation

compromise decision in employment disputes

• Mediator

with one party and then the other in order to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement

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Third-party Dispute Resolution (cont’d)

• Arbitration

maker to resolve an employment labour dispute by imposing a binding final decision on all parties

involved in the dispute

• Arbitrator

issuing a final decision in the disagreement

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Managerial Ethics in Employee Relations

• Ethics

that help to determine right and wrong behaviour

societal—that help decide between proper or

improper conduct

• Code of Ethics

that governs relations with employees and the public

managers, to evaluate their plans and actions

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