Employee Rights and Discipline Managing Human Resources Belcourt * Bohlander * Snell Copyright © 2008 by Nelson, a division of Thomson Canada Limited All rights reserved 5th Canadian edition PowerPoint Presentation by Monica Belcourt, York University and Charlie Cook, The University of West Alabama Objectives After studying this chapter, you should be able to: Explain statutory rights, contractual rights and due process Identify the job expectancy rights of employees Identify and explain the privacy rights of employees Explain the process of establishing disciplinary policies, including the proper implementation of organizational rules Copyright © 2008 by Nelson, a 13–2 Objectives (cont’d) After studying this chapter, you should be able to: Discuss the meaning of discipline and how to investigate a disciplinary problem Differentiate between the two approaches to disciplinary action Identify the different types of alternative dispute resolution procedures Discuss the role of ethics in the management of human resources Copyright © 2008 by Nelson, a 13–3 Employee Rights and Privacy • Employee Rights Guarantees fair treatment from employers, particularly regarding an employee’s right to privacy Psychological contract—expectations of a fair exchange of employment obligations between an employee and employer Copyright © 2008 by Nelson, a 13–4 Employment Protection Rights • Statutory rights Rights that derive from legislation • Contractual rights Rights that derive from contracts • Due process Employee rights to present his or her position during a disciplinary action Copyright © 2008 by Nelson, a 13–5 Wrongful Dismissal for Just Cause • The employer must document and prove serious misconduct or incompetence on the part of the employee Copyright © 2008 by Nelson, a 13–6 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 Figure 13.1 Copyright â 2008 by Nelson, a 137 Constructive Dismissal Changing an employee’s working conditions such that compensation, status or prestige is reduced Copyright © 2008 by Nelson, a 13–8 Job Expectancy Rights • Employees expect certain rights associated with fair and equitable employment, including: Privacy Substance abuse and drug testing Just cause disciplinary and discharge procedures Copyright © 2008 by Nelson, a 13–9 Privacy Rights Employee Employee Privacy Privacy versus versus Employer Employer Obligations Obligations •• Substance SubstanceAbuse Abuseand andDrug Drug Testing Testing •• Searches Searchesand andElectronic Electronic Monitoring Monitoring •• Access Accessto toPersonnel PersonnelFiles Files •• E-mail E-mailand andVoice VoiceMail Mail •• Access Accessto toPersonal PersonalFiles Files •• Conduct ConductOutside Outsidethe the Workplace Workplace •• Genetic GeneticTesting Testing Copyright © 2008 by Nelson, a 13–10 Approaches to Discipline • Progressive Discipline Application of corrective measures by increasing degrees Employees always know where they stand regarding offences Employees know what improvement is expected of them Employees understand what will happen next if improvement is not made • Positive, or Non-punitive, Discipline Discipline that focuses on the early correction of employee misconduct, with the employee taking total responsibility for correcting the problem Copyright © 2008 by Nelson, a 13–24 Positive Discipline Procedure Copyright © 2008 by Nelson, a 13–25 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? Copyright © 2008 by Nelson, a 13–26 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? Copyright © 2008 by Nelson, a 13–27 “Just Cause” Discharge Guidelines Did the organization forewarn the employee of the possible disciplinary consequences of his or her action? Were management’s requirements of the employee reasonable in relation to the orderly, efficient, and safe operation of the organization’s business? Did management, before discharging the employee, make a reasonable effort to establish that the employee’s performance was unsatisfactory? Was the organization’s investigation conducted in a fair and objective manner? Did the investigation produce sufficient evidence of proof of guilt as charged? Has management treated this employee under its rules, orders, and penalties as it has other employees in similar circumstances? Did the discharge fit the misconduct, considering the seriousness of the proven offense, the employee’s service record, and any mitigating circumstances? Figure 13.8 Copyright © 2008 by Nelson, a 13–28 Informing the Employee • Conducting a Discharge Meeting: Come to the point within the first two or three minutes, and list in a logical order all reasons for the termination Be straightforward and firm, yet tactful, and remain resolute in your decision Make the discussion private, businesslike, and fairly brief Don’t mix the good with the bad Trying to sugarcoat the problem sends a mixed message to the employee Avoid making accusations against the employee and injecting personal feelings into the discussion Avoid bringing up any personality differences between you and the employee Provide any information concerning severance pay and the status of benefits and coverage Explain how you will handle employment inquiries from future employers Copyright © 2008 by Nelson, a 13–29 Due Process • An employee’s right to present his or her position during a disciplinary action To know job expectations and the consequences of not fulfilling those expectations To consistent and predictable management action for the violation of rules To fair discipline based on facts, to question those facts, and the right to present a defence To appeal disciplinary action The right to progressive discipline Copyright © 2008 by Nelson, a 13–30 Alternative Dispute Resolution • “ADR” The term applied to different types of employee complaint or dispute-resolution procedures • ADR Procedures Step-Review Systems Peer-Review Systems Open-Door Policy Ombudsperson System Mediation Arbitration Copyright © 2008 by Nelson, a 13–31 Alternative Dispute Resolution Procedures • Step-Review System System for reviewing employee complaints and disputes by successively higher levels of management • Peer-Review System A group composed of equal numbers of employee representatives and management appointees Functions as a jury since its members weigh evidence, consider arguments, and after deliberation, vote independently to render a final decision Copyright © 2008 by Nelson, a 13–32 Conventional Step-Review Appeal Procedure Figure 13.9 Copyright © 2008 by Nelson, a 13–33 Additional ADR Procedures • Open-Door Policy A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact • Ombudsperson A designated individual from whom employees may seek counsel for the resolution of their complaints They not have power to overrule the decision 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 Copyright © 2008 by Nelson, a 13–34 Third-party Dispute Resolution • Mediation The use of an impartial neutral to reach a compromise decision in employment disputes • Mediator A third party in an employment dispute who meets 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 Copyright © 2008 by Nelson, a 13–35 Third-party Dispute Resolution (cont’d) • Arbitration The use of an impartial neutral party as decision maker to resolve an employment labour dispute by imposing a binding final decision on all parties involved in the dispute • Arbitrator Third-party neutral who resolves a labour dispute by issuing a final decision in the disagreement Copyright © 2008 by Nelson, a 13–36 Managerial Ethics in Employee Relations • Ethics The set of standards of conduct and moral judgments that help to determine right and wrong behaviour Provides cultural guidelines—organizational or societal—that help decide between proper or improper conduct • Code of Ethics A written set of standards of conduct (ethical values) that governs relations with employees and the public Provides a basis for the organization, and individual managers, to evaluate their plans and actions Copyright © 2008 by Nelson, a 13–37 Key Terms • alternative dispute resolution (ADR) • constructive dismissal • contractual rights • discipline • due process • employee rights • ethics • hot-stove rule • mediation Copyright © 2008 by Nelson, a • • • • • • • • • • • • mediator negligence ombudsperson open-door policy peer-review system positive, or nonpunitive, discipline progressive discipline psychological contract psychological contract statutory rights step-review system whistle-blowing 13–38 ... alternative dispute resolution procedures Discuss the role of ethics in the management of human resources Copyright © 2008 by Nelson, a 13 3 Employee Rights and Privacy • Employee Rights Guarantees fair... 2008 by Nelson, a 13 5 Wrongful Dismissal for Just Cause • The employer must document and prove serious misconduct or incompetence on the part of the employee Copyright © 2008 by Nelson, a 13 6... Figure 13. 1 Copyright © 2008 by Nelson, a 13 7 Constructive Dismissal • Changing an employee’s working conditions such that compensation, status or prestige is reduced Copyright © 2008 by Nelson,