Managing human resrouce management 5th by snel chapter 13

Managing Human ResourcesBelcourt * Bohlander * Snell 5 th Canadian edition Employee Rights and Discipline... Employee Rights and Privacy• Employee Rights regarding an employee’s right to

Managing Human Resources

Belcourt * Bohlander * Snell 5 th Canadian edition

Employee Rights

and Discipline

After studying this chapter, you should be able to:

and due process

employees

employees

disciplinary policies, including the proper

implementation of organizational rules

Objectives (cont’d)

After studying this chapter, you should be able to:

investigate a disciplinary problem

disciplinary action

7 Identify the different types of alternative

dispute resolution procedures

of human resources

Employee Rights and Privacy

• Employee Rights

regarding an employee’s right to privacy

exchange of employment obligations between an

employee and employer

Employment Protection Rights

Wrongful Dismissal for Just Cause

• The employer must

document and prove

serious misconduct or

incompetence on the part

of the employee

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.

Constructive Dismissal

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

or prestige is reduced

Job Expectancy Rights

• Employees expect certain rights associated with

fair and equitable employment, including:

• 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

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

specified.

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

discipline, including dismissal Figure 13.2

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.

• Audit employment records on a regular basis to remove

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

Definition of discipline

Violation of organizational

rules

Violation of organizational

rules

Investigation

of employee offence

Investigation

of employee offence

Discharge

Discharge

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

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.

Setting Organizational Rules

Get Signed Statements

of Understanding

Guidelines for the Implementatio

n

of Organizational

Rules

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

Discipline

• Definitions of Discipline

conduct or corrects undesirable conduct and

develops self-control

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?

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

The Investigative Interview

• Conduct of an Interview

performance and behavior standards of the job

job performance

explain his or her side of the issue

improvement is not made.

• Positive, or Non-punitive, Discipline

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

Positive Discipline Procedure

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?

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?

“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 was unsatisfactory?

4 Was the organization’s investigation conducted in a fair and

7 Did the discharge fit the misconduct, considering the seriousness

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

Informing the Employee

logical order all reasons for the termination.

decision.

sends a mixed message to the employee.

personal feelings into the discussion.

employee.

of benefits and coverage.

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

Alternative Dispute Resolution

• “ADR”

complaint or dispute-resolution procedures

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

Conventional Step-Review Appeal Procedure

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

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

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

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