Employee Rights and Discipline Overview

Employees' Rights and Discipline

• Various federal and state laws protect employment status, ensuring fair treatment for employees.
• Employers' responsibilities are increasing to provide a safe and efficient workplace, and quality goods/services to consumers.
• Employee rights and privacy are guaranteed and protected.
• This includes the Federal Constitution, Employment Act 1955, and OSHA 1996.

Chapter Objectives

• Define and explain the importance of employee rights and discipline.
• Identify employee rights and employer responsibilities.
• Explain disciplinary policies and procedures.
• Explain approaches to disciplinary action.
• Identify alternative dispute resolution procedures.

Employee Rights

• Establish equitable guidelines and procedures for misconduct resolution for all employees.
• Establish, encourage, promote, and regulate discipline within the organization.
• Signal to employees the expected performance and behavior standards.

Employee Privacy Rights

• Federal and state courts view employee privacy rights minimally.
• Comprehensive and consistent privacy protection from laws or court decisions is lacking.
• The right to freedom from intrusion into personal affairs is a matter of privacy.
• The Personal Data Protection Act 2010 regulates the collection, processing, and usage of personal data.

Employer Responsibilities

• Failure to honor employee rights, including costly lawsuits and reputational damage.
• Negligence, including failure to exercise reasonable care leading to injury/harm.
• Negligent hiring—liability for employee actions during employment.
• Providing a safe workplace.
• Guaranteeing quality goods and services for consumers.
• Hiring, training, and assigning employees to suitable positions.
• Conflict resolution if employee rights and employer responsibilities clash - potential for industrial action.

Job Protection Rights

• Job security isn't guaranteed as a property right of an employee.
• Employees' right to expect fair and equitable employment practices from employers.
• Legal considerations for job protection rights and security (Employment Act 1955 - Contract of service, payment of wages).
• Psychological contract—mutual expectations between employers and employees.

Job Protection Rights: Legal Consideration

• Employee rights in terms of employment-at-will.
• Limitations on the employment-at-will principle, such as union agreements, federal/state laws, and administrative rulings.
• Importance of written policies that require just cause for termination, maintaining worker caution.

Wrongful Discharge: Exceptions to the Employment-at-Will Doctrine

• Wrongful discharge occurs when an employment contract is illegally terminated by an employer.
• Violations of public policy, like refusing to commit a crime or reporting criminal activity.
• Implied Contract involves promises of continued employment (oral or written).
• Implied Covenant outlines a lack of fair dealing by the employer.

Implied Contract

• Implied contract - suggests job security.
• May be based on oral or written statements during pre-employment or after hiring.
• May promise secure employment as long as performance and loyalty to the organization are maintained.
• May state that employees will not be terminated without a specific defense or appeal.
• May include an employee's urging to leave another organization under the promise of better compensation.

Explicit Contract

• Formal written agreements concerning agreed-upon employee benefits and privileges.
• Employees cannot be dismissed at will under explicit contracts.
• Clearly states the period of employment, terms, and conditions.

Constructive Discharge - Illegal Employee Dismissal

• Voluntary termination due to harsh/unreasonable conditions set by the employer.
• Employers cannot use covert methods to create unbearable working conditions.
• Courts use a "reasonable person" standard to determine if conditions are intolerable for dismissal to be considered unlawful.
• Examples include excessive working hours, insufficient pay, inadequate incentives, pressure, inappropriate communication.

Plant Closing Notification

• Employers must provide two months' notice when closing a plant/office.
• Notifications must be given individually in writing to terminated employees.
• Failure to comply results in financial liabilities for employers.

Privacy Rights: Employee versus Employer Obligations

• Substance abuse and drug testing.
• Searches and monitoring of workplace areas.
• Access to personnel files.
• E-mail, internet, and computer use.
• Conduct outside the workplace.
• Genetic testing ("safety-sensitive jobs").
• Drug-free workplace Act, covering rules about employee drug use, related consequences.
• Relevant options for drug counseling are given to employees.
• Employers are made aware if employees are convicted of a drug-related criminal offense.

Employee Searches and Surveillance

• Search policy is clearly outlined in employee handbooks and explains absence of compelling reason for searches.
• Personal belongings, such as desks, lockers, or toolboxes, are subject to searches in private when possible.
• The employer should seek consent prior to any search.
• The search should be conducted humanely, discreetly, and avoid emotional distress.
• The penalty for refusing consent to a search is clearly stated.

Electronic Surveillance

• Federal laws protect workers from being watched in cases of camera surveillance, phone conversations, e-mail and internet use.

Access to Personnel Files

• Employees have the right to review their personnel files.
• Employees can review and correct inaccurate data within files.
• Employers can restrict access to information to limit disclosure/violation of privacy.

Guidelines for Safeguarding Personnel Files

• Defines specific information to be kept in employee files and discourages collection of unnecessary data.
• Lists procedures for viewing personnel files, protecting personal data, and auditing employment records.

Off-Duty Conduct and Speech

• Disciplining off-duty misconduct requires a clear connection between actions and organization effects.
• Organizations may have policies on social media/blogging to avoid negativity towards the organization.
• Workplace romances, especially supervisor-subordinate relationships may be of concern, with related consequences.

Disciplinary Policies and Procedures

• HR departments develop, implement, and administer disciplinary policies.
• Consistency, fairness, and a consistent approach to disciplinary action, within the organization, are important.
• Disciplinary procedures include accurate and timely information.
• The procedure includes training on correct conduct or how to appropriately address the issue.

Common Disciplinary Problems

• Attendance problems, such as unexcused absences and tardiness.
• Dishonesty, including theft, damages, and falsified records/applications.
• Work performance problems, including failure to complete work, create substandard products/services, and not meet production requirements.
• On-the-job behavior problems include bullying, intoxication, insubordination, horseplay, and other issues that affect the workplace.

Employee Conduct and Discipline

• Defining consistent employee behavior according to organizational standards.
• Procedures for identifying and addressing improper behavior (misconduct) that violates these standards.
• Classification of misconduct as minor or major offenses.

Types and Examples of Misconduct

• Minor misconduct examples include inefficiency, tardiness, and misuse of company supplies or equipment.
• Major misconduct examples include violations of company rules/regulations, disclosure of confidential information, fighting, habitual lateness.

Causes of Misconduct

• Causes of misconduct include lack of knowledge about jobs, mental, motivational, or physical health issues, family problems or misunderstandings among employees.

A Disciplinary Model

• Organization policy about discipline
• Definition of discipline
• Violation of rules
• Investigation of the employee offense
• Disciplinary interview
• Approaches to discipline
• Following due process
• Just cause
• Possible dismissal in case of major misconduct

Violation of Organizational Rules

• Rules should be reasonable and relate to safety/efficiency.
• Rules should be written and disseminated.
• Disciplinary actions should be clearly explained with a rationale for the rule.
• Ensure employees understand and read the rules by having them sign the document.
• Review rules periodically, especially those related to work success.

Informing the Employee

• A clear and concise explanation to the employee of the rationale for the disciplinary action.
• Avoiding injecting personal feelings or accusations against the employee.
• Including necessary information on severance pay, benefits, and how future inquiries will be handled.

Alternative Dispute Resolution

• "ADR" encompasses diverse procedures for employee disputes/complaints to ensure fair treatment while allowing due process.
• This includes Step-Review, Peer-Review, Open-Door, Ombudsman, Mediation and Arbitration.

Open-Door Policy

• Management policy that enables direct contact with higher-level management for resolving grievances about the company.
• This enables employees to bypass immediate supervisors.

Step-Review System

• A system where employee complaints/disputes will be reviewed by successively higher levels of management.

Peer-Review System

• A panel of equal numbers of employee/management representatives who will then review the problem and make a decision.

Mediation

• Impartial third parties assist employees and employers in reaching a compromise outcome in disputes.

Arbitration

• Impartial third parties resolve disputes with a final decision binding on all parties.
• Focuses on issues covered by the Industrial Relations Act.

Ombudsman System

• An independent official who helps citizens resolve complaints with any issues related to administrative power.

Section 20 of the Malaysian Industrial Relations Act 1967 (“IRA 1967")

• Deals with cases of unfair dismissal, with a focus on the procedural steps for the process.

This quiz explores the key concepts surrounding employees' rights and the responsibilities of employers. It highlights various laws that protect employee status and underscores the importance of fair treatment and privacy. Additionally, it examines disciplinary policies, procedures, and alternative dispute resolution methods critical in the workplace.