Chapter 13 ADMN2230
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Questions and Answers

Which of the following describes the term 'constructive dismissal'?

  • A breach of contract by the employer that allows the employee to view it as a termination. (correct)
  • A situation where an employee willingly resigns from their job.
  • The employer's voluntary termination of an employee's contract.
  • A legal process where employers are required to renegotiate contracts.

What is the primary function of a labour arbitrator?

  • To enforce employment standards on behalf of the government.
  • To interpret and decide disputes regarding collective agreements. (correct)
  • To negotiate contracts between employees and employers.
  • To mediate personal grievances between employees.

What must an employer do to legally change a term of an employment contract?

  • Document the change in writing without the employee's input.
  • Inform the employee of the change without needing consent.
  • Obtain the employee's agreement and provide new consideration. (correct)
  • Change the term without providing any new consideration.

Which of the following is NOT one of the three regimes of employment law?

<p>Labor market adjustments (B)</p> Signup and view all the answers

Implied contract terms are:

<p>Terms that judges infer from case law when contracts are silent on an issue. (C)</p> Signup and view all the answers

What does a collective agreement not typically include?

<p>Individual terms for each employee covered by the union. (B)</p> Signup and view all the answers

Which aspect is not typically addressed by statutory employment regulation?

<p>Individual performance evaluations (A)</p> Signup and view all the answers

Which of the following is a requirement for an employment contract to be valid under common law?

<p>It must contain implied terms that guide its interpretation. (A)</p> Signup and view all the answers

What is required for a nonunion employer to terminate an employee without notice?

<p>The employee must have committed a serious breach of contract. (C)</p> Signup and view all the answers

Which statement best describes 'just cause' for dismissal in a unionized context?

<p>It refers to the employer needing a reason to dismiss an employee. (D)</p> Signup and view all the answers

What are statutory rights in the context of dismissal?

<p>Legal entitlements stemming from government legislation. (C)</p> Signup and view all the answers

What is the primary purpose of effective disciplinary policies and procedures?

<p>To act as a guideline for managing employee misconduct. (A)</p> Signup and view all the answers

What must be documented during the investigation of a disciplinary problem?

<p>The misconduct and the investigative interview findings. (A)</p> Signup and view all the answers

Which situation would NOT typically require notice of termination in an employment contract?

<p>The employee has committed a significant violation of contract terms. (D)</p> Signup and view all the answers

Which of the following is a potential issue with employee privacy rights?

<p>Supervising employee activities outside of work. (A)</p> Signup and view all the answers

What is a risk if disciplinary actions are not properly managed?

<p>Increased instances of employee misconduct. (C)</p> Signup and view all the answers

What is the primary focus of positive, or nonpunitive, discipline?

<p>To encourage employees to take responsibility for their own actions (C)</p> Signup and view all the answers

What role does a mediator play in third-party dispute resolution?

<p>To suggest compromises and recommend concessions (B)</p> Signup and view all the answers

Which alternative dispute resolution method involves employee representatives and management in a jury-like system?

<p>Peer-Review System (A)</p> Signup and view all the answers

What is the purpose of an Open-Door Policy in an organization?

<p>To facilitate communication regarding grievances at various management levels (D)</p> Signup and view all the answers

Which of the following is a characteristic of the Step-Review System?

<p>It reviews complaints at successively higher management levels (A)</p> Signup and view all the answers

What distinguishes positive discipline from progressive discipline?

<p>Progressive discipline increases corrective measures over time (C)</p> Signup and view all the answers

When do employees utilize the Ombudsperson System?

<p>To seek confidential advice for resolving complaints (D)</p> Signup and view all the answers

In which procedure do employees present grievances but do not receive a definitive ruling?

<p>Mediation (D)</p> Signup and view all the answers

Flashcards

Employment Law Regimes

Three main legal frameworks governing employment: common law, statutory (e.g., human rights, employment standards), and collective bargaining.

Common Law of Employment

Judge-made law interpreting employment contracts, including implied terms.

Implied Contract Terms

Terms not explicitly stated in a contract, but assumed by judges to be implied due to fairness or custom.

Collective Agreement

Employment contract between a union and an employer, setting terms for a group of employees.

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Labour Arbitrator

Independent person interpreting and resolving disputes about a collective agreement.

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Constructive Dismissal

Employer breaches the contract so seriously that the employee can consider it a termination.

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Changing Employment Terms

Employers must get employee agreement or offer new consideration to avoid breach.

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Wrongful Dismissal

A lawsuit filed by an employee claiming they were dismissed without proper notice or contractual justification.

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Just Cause

A valid reason required by a unionized employer to dismiss an employee.

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Summary Dismissal

Termination of a nonunion employee without notice due to a serious breach of contract.

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Statutory Rights

Legal entitlements provided by government legislation, including rights related to dismissal.

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Employee Privacy Rights

The right of employees to maintain their personal information private, even at work.

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Disciplinary Action

Corrective measures taken against an employee for misconduct, requires justification and fair procedures.

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Investigative Interview

A formal conversation to gather information from an employee about a disciplinary issue, conducted in private.

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Documenting Misconduct

Recording evidence of employee misconduct, including dates, times, and specific actions.

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Progressive discipline

A method of addressing employee misconduct by gradually increasing the severity of corrective actions. It starts with a warning and can escalate to termination.

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Positive discipline

A system focused on early correction of employee misconduct, with the employee taking responsibility for improvement. The goal is to encourage self-correction rather than punishment.

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Alternative Dispute Resolution (ADR)

A collection of procedures used by employers to address and resolve employee complaints fairly. Promotes impartiality and due process in the workplace.

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Step-Review System

A structured process for handling employee complaints through increasing levels of management. Each step allows for review and appeal of the previous decision.

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Peer-Review System

A dispute resolution method where a panel of equal management and employee representatives review and vote on a case. It operates like a jury.

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Open-Door Policy

A policy encouraging employees to discuss grievances with management at any level, starting with their immediate supervisor.

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Ombudsperson System

A designated individual who provides impartial advice and guidance to employees on resolving complaints and disputes.

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Mediation

A process involving an impartial third-party who facilitates communication and helps disputing parties reach a mutually agreeable compromise.

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Study Notes

Chapter 13: Employee Rights and Discipline

  • The chapter covers various aspects of employment law, employee rights, disciplinary policies, dispute resolution, and workplace ethics.

Learning Agenda

  • Different employment law regimes relevant to contracts.
  • Employee privacy rights.
  • Disciplinary policies and different approaches to disciplinary action.
  • Alternative dispute resolution methods and procedures.
  • Workplace ethics.

The Three Regimes of Employment Law

  • Common law of employment: Courts interpret employment contracts and legal precedents.
    • Implied contract terms: Terms judges include in contracts if not explicitly stated.
  • Statutory employment regulation: Laws regarding employment standards, human rights, employment equity, and pay equity.
  • Collective bargaining legislation and labour arbitration: Agreements between employers and unions, and the role of labour arbitrators in resolving disputes.

Understanding the Individual Employment Contract

  • Constructive dismissal: When an employer's fundamental breach of contract allows an employee to treat the breach as a termination.
  • Changing contract terms: Employers can change terms if they either gain employee agreement and provide new consideration (benefit), or terminate the contract by providing the required notice and offering a new contract with revised terms.

The Rules Governing Dismissal

  • Dismissal of a non-union employee (wrongful dismissal): A lawsuit filed by an employee claiming dismissal without proper notice.
  • Dismissal of a unionized employee (Just cause): Unions require employers to have a reason for dismissal.
  • Summary dismissal: A non-union employer can terminate an employee without notice for serious contract breaches.
  • Statutory regulation of dismissal: Legal entitlements based on legislation.
  • Disciplinary issues: Warnings and suspensions can precede termination. Ensuring the termination process and procedures are followed is essential. Consistency must be apparent. Documentation is necessary.

Employee Privacy Rights

  • Privacy issues at the workplace (e.g., monitoring).
  • Employee conduct outside the workplace (e.g. social media and off-work conduct).

Disciplinary Policies and Procedures

  • Disciplinary action should be justifiable.
  • There must be effective policies and procedures to govern its use.
  • A framework showing the systematic investigation and implementation process, from policy to discharge.

Approaches to Disciplinary Action

  • Progressive discipline: A system of increasingly severe corrective measures.
  • Positive/nonpunitive discipline: Focuses on early correction with the employee taking responsibility for solutions.
  • Informing the employee: Employees must be informed honestly and tactfully of the reasons for disciplinary action.

Alternative Dispute Resolution (ADR)

  • A term encompassing various methods of resolving employee complaints or disputes.
    • Step-review system: Employee complaints are successively reviewed by higher levels of management up to the Top Management.
    • Peer-review system: A panel of employees and management representatives make decisions.
    • Open-door policy: A system to facilitate contact with management levels above the immediate supervisor.
    • Ombudsperson system: A designated individual who offers counsel in resolving complaints.
    • Mediation: An impartial third party facilitates a compromise solution in disagreements.
    • Arbitration: An impartial decision-maker imposes a binding decision.

Managerial Ethics in Employee Relations

  • Ethics: Moral standards and judgments determining right and wrong behaviour.
  • Code of Ethics: Detailed written rules governing organizations' relations with employees and the public.

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Description

This quiz explores Chapter 13, focusing on employee rights and discipline within employment law. It covers various employment law regimes, including common law and statutory regulations, as well as disciplinary policies and alternative dispute resolution methods. Test your understanding of workplace ethics and the individual employment contract!

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