1. Employee Rights and Discipline
Managing Human Resources - Unit 13
Employee Rights and Discipline
Copyright © 2011 by Nelson Education Ltd.

2. Managing Human Resources - Unit 13
Learning Outcomes
After studying this chapter, you should be able to:
Explain the different regimes that govern the employment relationship.
Explain the difference between expressed and implied terms of employment contracts.
Explain the rules governing the dismissal 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 © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

3. Learning Outcomes (Cont’d)
Managing Human Resources - Unit 13
Learning Outcomes (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 © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

4. The Three Regimes of Employment Law
Managing Human Resources - Unit 13
The Three Regimes of Employment Law
The Common Law of Employment
Statutory Regulations
Collective Bargaining and Arbitration law
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

5. The Three Regimes of Employment Law (Cont’d)
The common Law of Employment
The body of case law in which courts interpret employment contracts, and the legal principles taken from those cases that guide the interpretation of employment contracts.
Copyright © 2011 by Nelson Education Ltd.

6. The Three Regimes of Employment Law (Cont’d)
Statutory Regulations
This legislation gives statutory rights which are legal entitlements that derive from government legislation.
Copyright © 2011 by Nelson Education Ltd.

7. The Three Regimes of Employment Law (Cont’d)
Collective Bargaining Legislation and Labour Arbitration
This legislation seeks to improve conditions of work by empowering workers to join together and bargain a better contract for themselves.
Copyright © 2011 by Nelson Education Ltd.

8. Understanding the Individual Employment Contract
Valid contract requires mutual consideration.
Constructive Dismissal
Copyright © 2011 by Nelson Education Ltd.

9. The Rules Governing Dismissal
Dismissal of a non-union employee
Summary Dismissal
Wrongful Dismissal
Dismissal of a unionized employee
Just Cause
Copyright © 2011 by Nelson Education Ltd.

10. Employee Privacy Rights
versus
Employer Obligations
Privacy Issues at the Workplace
Conduct Outside the Workplace
Copyright © 2011 by Nelson Education Ltd.

11. Privacy Issues at the Workplace
PIPEDA
Personal Information Protection and Electronic Document Act
Copyright © 2011 by Nelson Education Ltd.

12. Managing Human Resources - Unit 13
Figure , Computer, and Voice Mail: Policy Guidelines
Ensure compliance with applicable legislation and common law rules.
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 and voice mail information be sent only to users who need it for business purposes.
Expressly prohibit use of 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 or voice mail.
Specify that employees who violate the policy are subject to discipline, including dismissal.
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

13. Privacy Issue at the Workplace (Cont’d)
Managing Human Resources - Unit 13
Privacy Issue at the Workplace (Cont’d)
Employee Searches and Electronic Monitoring
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

14. Privacy Issue at the Workplace (Cont’d)
Personnel Files: Policy Guidelines
Copyright © 2011 by Nelson Education Ltd.

15. Employee Privacy Issues Outside the Workplace
Managing Human Resources - Unit 13
Employee Privacy Issues Outside the Workplace
Employee Conduct Outside the Workplace
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

16. Disciplinary Policies and Procedures
Figure 13.5: A Disciplinary Model
Copyright © 2011 by Nelson Education Ltd.

17. Figure 13.6 Common Disciplinary Problems
Managing Human Resources - Unit 13
Figure Common Disciplinary Problems
ATTENDANCE PROBLEMS
DISHONESTY AND RELATED PROBLEMS
WORK PERFORMANCE PROBLEMS
Failure to complete work assignments
Producing substandard products or services
Failure to meet established production requirements
ON-THE-JOB BEHAVIOUR PROBLEMS
Intoxication at work
Insubordination
Horseplay
Smoking in unauthorized places
Fighting
Gambling
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
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

18. The Results of Inaction
Managing Human Resources - Unit 13
The Results of Inaction
Reasons given by supervisors for their failure to impose a disciplinary penalty:
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

19. Setting Organizational Rules
Guidelines for the Implementation of Organizational Rules
Publish Widely
Review Regularly
Explain Reasons
Get Signed Statements of Understanding
Keep in Writing
Be Reasonable
Remind/Restate
Copyright © 2011 by Nelson Education Ltd.

20. The Hot-Stove Approach to Rule Enforcement
Managing Human Resources - Unit 13
The Hot-Stove Approach to Rule Enforcement
Hot-Stove Rule
Rule of discipline that can be 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.
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

21. Managing Human Resources - Unit 13
Discipline
Definitions of Discipline
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

22. Managing Human Resources - Unit 13
Figure Consideration in Disciplinary Investigations
In very specific terms, what is the offence charged?
Did the employee know he or she was doing something wrong?
Is the employee guilty?
Are there extenuating circumstances?
Has the rule been uniformly enforced?
Is the offence related to the workplace?
What is the employee’s past work record?
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

23. Documentation of Employee Misconduct
Managing Human Resources - Unit 13
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
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

24. The Investigative Interview
Managing Human Resources - Unit 13
The Investigative Interview
Conduct of an Interview
Concentrate on how the offence violated the performance and behaviour standards of the job.
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

25. Approaches to Discipline
Managing Human Resources - Unit 13
Approaches to Discipline
Progressive Discipline
Positive, or Non-punitive, Discipline
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

26. Positive Discipline Procedure
Managing Human Resources - Unit 13
Positive Discipline Procedure
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

27. Disciplinary Action for Unsatisfactory Performance
Managing Human Resources - Unit 13
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 © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

28. Informing the Employee
Managing Human Resources - Unit 13
Informing the Employee
Conducting a Discharge Meeting:
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

29. Outplacement Services
Helping employees to deal with their emotions
Coaching them in job searches
Copyright © 2011 by Nelson Education Ltd.

30. Alternative Dispute Resolution
Managing Human Resources - Unit 13
Alternative Dispute Resolution
“ADR”
The term applied to different types of employee complaint or dispute-resolution procedures.
ADR Procedures
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

31. Alternative Dispute Resolution Procedures
Managing Human Resources - Unit 13
Alternative Dispute Resolution Procedures
Step-Review System
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

32. Managing Human Resources - Unit 13
Figure Conventional Step-Review Appeal Procedure
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

33. Peer Review Systems
A system for reviewing employee complaints that utilizes a group composed of equal numbers of employee representatives and management appointees, which functions as a jury because its members weigh evidence, consider arguments, and after deliberation, vote independently to render a final decision.
Copyright © 2011 by Nelson Education Ltd.

34. Additional ADR Procedures
Managing Human Resources - Unit 13
Additional ADR Procedures
Open-Door Policy
Ombudsperson
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

35. Third-party Dispute Resolution
Managing Human Resources - Unit 13
Third-party Dispute Resolution
Mediation
Mediator
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

36. Third-party Dispute Resolution (cont’d)
Managing Human Resources - Unit 13
Third-party Dispute Resolution (cont’d)
Arbitration
Arbitrator
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.

37. Managerial Ethics in Employee Relations
Managing Human Resources - Unit 13
Managerial Ethics in Employee Relations
Ethics
Code of Ethics
Copyright © 2011 by Nelson Education Ltd.
Copyright © 2011 by Nelson Education Ltd.