Employee Rights and Discipline PDF

CHAPTER 13 Employee Rights and Discipline 1 1  Learning Agenda Different regimes of employment law that apply to employment contracts. Privacy rights of employees. Disciplinary policies and difference between the two approach...

CHAPTER 13 Employee Rights and Discipline 1 1  Learning Agenda Different regimes of employment law that apply to employment contracts. Privacy rights of employees. Disciplinary policies and difference between the two approaches to disciplinary action. Alternative dispute resolution methods and procedures. Ethics at work 2  The Three Regimes of Employment Law The common law of employment Statutory employment regulation – Employment Standards – Human Rights – Employment Equity – Pay Equity – ++ Collective bargaining legislation and labour arbitration Copyright © 2020 by Nelson Education Ltd. 3  The Three Regimes of Employment Law 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 Implied contract terms – Terms judges read into employment contracts when the written contract does not expressly deal with the matter Copyright © 2020 by Nelson Education Ltd. 4  Collec:ve Bargaining Legisla:on and Labour Arbitra:on Collective Agreement An employment contract between an employer and a union that sets out the terms of employment of a group of the employer’s employees represented by the union Labour Arbitrator A person assigned to interpret and decide disputes (“grievances”) about the meaning, interpretation, and application of a collective agreement governing employees in a unionized workplace Copyright © 2020 by Nelson Education Ltd. 5  Understanding the Individual Employment Contract Constructive Dismissal When an employer commits a fundamental breach of the contract, such as by unilaterally changing a key term of the contract, the employee can treat the breach as a termination. Copyright © 2020 by Nelson Education Ltd. 6  Understanding The Individual Employment Contract To make a change to the terms of an employment contract without breaching the contract, the employer should do either of the following: 1. Obtain the employee’s agreement to the change and provide the employee with some new consideration (benefit). 2. Terminate the employment contract in its entirety by giving the required notice of termination, and then offer a new contract on the revised terms. Copyright © 2020 by Nelson Education Ltd. 7  The Rules Governing Dismissal Dismissal of a Nonunion Employee: Wrongful Dismissal A lawsuit filed in a court by an employee alleging that he or she was dismissed without proper contractual or reasonable notice Dismissal of a Unionized Employee: Just Cause A unionized employer usually needs a reason to dismiss an employee. Copyright © 2020 by Nelson Education Ltd. 8  The Rules Governing Dismissal Summary Dismissal When a nonunion employer terminates an employee without notice because the employee has committed a serious breach of the contract Copyright © 2020 by Nelson Education Ltd. 9  The Rules Governing Dismissal Statutory Regulation of Dismissal Statutory rights – Legal entitlements that derive from government legislation Copyright © 2020 by Nelson Education Ltd. 10 The Rules Governing Dismissal Copyright © 2020 by Nelson Education Ltd. 11  Employee Privacy Rights Privacy issues at the workplace (superspying?) Employee conduct outside the workplace Copyright © 2020 by Nelson Education Ltd. 12 Employee Privacy Rights Copyright © 2020 by Nelson Education Ltd. 13  Disciplinary Policies and Procedures Disciplinary action taken against an employee must be for justifiable reasons. There must be effective policies and procedures to govern its use. Copyright © 2020 by Nelson Education Ltd. 14 Disciplinary Policies and Procedures Copyright © 2020 by Nelson Education Ltd. 15  Disciplinary Policies and Procedures The results of inaction Setting organizational rules Copyright © 2020 by Nelson Education Ltd. 16  Inves:ga:ng the Disciplinary Problem Documenting Misconduct The Investigative Interview o An investigative interview should always be held in private and should elicit the comments and concerns of the employee. Copyright © 2020 by Nelson Education Ltd. 17  Inves:ga:ng the Disciplinary Problem Copyright © 2020 by Nelson Education Ltd. 18  Approaches to Disciplinary Ac:on Progressive discipline: Application of corrective measures by increasing degrees Positive, or nonpunitive, discipline: A system of discipline that focuses on early correction of employee misconduct, with the employee taking total responsibility for correcting the problem Informing the employee: Employee must be informed honestly yet tactfully regarding reasons for the action Copyright © 2020 by Nelson Education Ltd. 19 Alterna:ve Dispute Resolu:on (ADR) A term applied to different types of employee complaint or dispute resolution procedures; used by employers to meet employees’ expectations for fair treatment in the workplace while guaranteeing them due process Copyright © 2020 by Nelson Education Ltd. 20  Alterna:ve Dispute Resolu:on Procedures Step-Review System: System for reviewing employee complaints and disputes by successively higher levels of management Peer-Review System: Utilizes 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 © 2020 by Nelson Education Ltd. 21 Conven:onal Step-Review Appeal Procedure Copyright © 2020 by Nelson Education Ltd. 22  Addi:onal ADR Procedures Open-Door Policy: A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact Ombudsperson System: A designated individual from whom employees may seek counsel for resolution of their complaints Copyright © 2020 by Nelson Education Ltd. 23  Third-Party Dispute Resolu:on Mediation: The use of an impartial third-party neutral to reach a compromise decision in employment disputes Copyright © 2020 by Nelson Education Ltd. 24  Third-Party Dispute Resolu:on Mediator: A third party in an employment dispute who meets with one party and then the other to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement Copyright © 2020 by Nelson Education Ltd. 25  Third-Party Dispute Resolu:on 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 © 2020 by Nelson Education Ltd. 26  Managerial Ethics in Employee Rela:ons Ethics: A set of standards of conduct and moral judgments that help to determine right and wrong behaviour Code of Ethics: A set of written standards of conduct (ethical values) governing relations with employees and the public Organizations now have ethics committees and ethics ombudspeople to provide training in ethics to employees. Copyright © 2020 by Nelson Education Ltd. 27