what are employee rights
expectations of unbiased treatment from employees
what are some aspects of employee rights
Guarantee of fair treatment from employers, particularly regarding an employees right to privacy and dignity
employers must exercise reasonable care: safety, health, well-being
employers can be held negligent by outside parties or employees if reasonable care is not exercised
what are the employee protection rights
statutory rights: rights that derive from legislation
contractual rights: rights that derive from contracts
due process: right to be heard, especially during disciplinary process
employment rights not a guarantee
what are some job expectancy rights
substance abuse and drug testing
employee privacy
access to employee files
electronic privacy
employee conduct outside the workplace
what are some management rights
hiring and terminating
managers function as representatives of the company
must be aware of responsibilities regarding treatment of employees
what are some disciplinary policies
appropriate action and fair process
effective policies and guidelines to use
key responsibility for discipline rests with employees immediate manager
how does an employer set expectations and why is it important
hold employees accountable and provide regular feedback
ensure goals are measurable
clearly stated expectations are the foundation for effective discipline system
what is discipline
punishment to train or correct
a set of rules to regulate behaviour
a way to maintain compliance and self control
what are some typical disciplinary problems
attendance issues
being untruthful
performance ate work
behaviour issues
how do you determine if theres a need to discipline
- inform the employee of the organizational expectation
- conforming expectations regarding future behaviour and time frame
- determination that employee has met expectations or warrants further discipline
- if further discipline is warrented, determination if termination is an appropriate action
what are some disciplinary investigations
fair process that gathers all information
consider requirements for accommodation
interview employees and their manager
expedient and objective processes: no delays
how should disciplines be documented
accurate and complete information
include previous warnings
retention of info in employee files
what are two disciplinary methods
progressive (corrective or punitive) discipline - increasing corrective measures
positive discipline - joint responsibility; educate and involve
what are three reasons for termination
just cause - Clear and consistent performance expectations, seriousness of incident(s), employee given time/opportunity/resources to improve, investigation and warning to employee, appropriate consequence, proof
wrongful dismissal - terminating without just cause
constrictive dismissal - changing and employees working conditions such as compensation, status, or prestige is reduced
what are the guidelines for terminating an employee with cause?
- did the employee understand what was expected, and was the employees situation considered independently of others
- how serious were the circumstances such that termination us the appropriate discipline
- was the employee given sufficient time to improve and reach the standard of performance and/or behaviour
- did the organization conduct an investigation
- was the employee warned of consequences if unacceptable performance and/or behaviour continued
- did the employer consistently apply standards to others?
- was termination the appropriate consequence?
- can the employer prove the employees unacceptable performance and/or behaviour?
- is there an employment contract and, if so, what clauses, if any, pertain to termination?
what should an employer consider when terminating an employee
well planned out
calm and brief meeting
ensure the employees legal rights are not violated
employees departure from the work location
employees property and company’s property
confidentiality
career and outplacements
why might managers fail to terminate
lack of previous documentation
lack of support form senior management
uncertainty regarding facts of the situation
manager wants to be seen as likeable
how may someone appeal disciplinary actions
negotiation
mediation
ombudsperson
arbitration
what are approaches to progressive discipline
- establish cause for action
- provide coaching
- give verbal warning
- give written warning
- impose suspension
- impose termination
what does progressive discipline mean
A series of steps to improve behaviour and/or performance
