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Unformatted text preview: Discipline and Fairness in the Workplace II
COMM392: Managing Employment Relationship 102/103 Fall 2009 Yoshio Yanadori Announcement Midterm mark On WebCT Collective Bargaining Exercise Return your papers on December 7th (Mon.), Noon Make announcement on WebCT when marked papers are ready for pick up Individual mark on WebCT Final exam December 16th, 12:00 2:30 pm at SRC (Student Recreation Center) A Cumulative Review class on Dec. 3. Discipline A procedure that corrects or punishes an employee because a rule of procedure has been violated 3 foundations of a fair disciplinary process
1. 2. 3. Rules and regulations Need clear set of rules System of progressive penalties From lesser penalties to more severe penalties Oral warning Written warning Short suspension Long suspension Termination Appeal process Ensure due process Discipline in a Union Setting Under British Columbia Labour Relations Code, every collective agreement must contain the provision dealing with discipline and dismissal Only BC and Manitoba Just cause provision must be included See next slide BC Labor Relations Code (underline added)
84(1) Every collective agreement must contain a provision governing dismissal or discipline of an employee bound by the agreement, and that or another provision must require that the employer have a just and reasonable cause for dismissal or discipline of an employee,... (2) ... (3) If a collective agreement does not contain a provision referred to in subsections (1) and (2), the collective agreement is deemed to contain those of the following provisions it does not contain: (a) the employer must not dismiss or discipline an employee bound by this agreement except for just and reasonable cause; (b) ... Grounds for Discipline (Textbook Page 331) Failure to attend Leaving work without permission Lateness Theft Falsification of employment records or documents such as attendance records or expense statements Misconduct on the job, including damaging property or assaulting coworkers Incompetence Insubordination Offduty behavior that affects the employer's business Breach of company rules Culpable and NonCulpable Behaviors Two categories of the grounds for discipline: culpable behavior and nonculpable behavior Different criteria applied Culpable behavior Conducts which are blameworthy or have occurred through the intentional actions Conducts within the employee's conscious control Theft; falsification of employment records; damaging property or assaulting coworkers; insubordination; breach of company rules NonCulpable behavior Unacceptable conducts that are not due to the fault of the employee Incompetence; absenteeism due to illness Culpable Behavior In William Scott case (1977, see SRP), arbitrator reviews management decision by asking the following 3 questions
1. 2. 3. Is there just and reasonable cause for some form of discipline? Employer has burden to prove the act took place Was the decision an excessive response? If so, what lesser penalty should be substituted? In answering Q2 and Q3, various criteria are applied (next slide) Is the Penalty Excessive? (SRP, Also Textbook Page 335 )
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The previous good record of the griever The long service of the griever Whether or not the offense was an isolated incident in the employment history of the griever Provocation Whether the offense was committed on the spur of the moment as a result of a momentary aberration, due to strong emotional impulses, or whether the offense was premeditated Whether the penalty imposed has created a special economic hardship for the griever in the light of his particular circumstances Evidence that the company rules of conduct, either unwritten or posted, have not been uniformly enforced, thus constituting a form of discrimination Circumstances negative intent, e.g., likelihood that the griever is understood the nature of the intent of an order given to him, as a result disobeyed it The seriousness of the offense in terms of company policy and company obligations Other circumstances Insubordination Employee refusal to follow order Workrelated order given by person in authority Order understood by employee "Obey now, grieve later" Exception Threat to safety http://www.vancouversun.com/business/Victoria+teachers+walk+over+risk+H1N1/2231635/story.html http://www.vancouversun.com/business/Victoria+teachers+walk+over+risk+H1N1/2231635/story.html Compliance results in illegal act NonCulpable Behavior Much more difficult to discharge or discipline on this basis (e.g., incompetence vs. theft) Managers must be diligent in communications with employee Employer has a right to discuss the problem with the employee to attempt to correct it Only if this fails, can dismissal be an option NonCulpable Behavior Criteria employer must meet to dismiss for nonculpable inability to do the job (Edith Cavell case, 1982) Definition of an objective standard for the job Clear communication of that standard to the employee Supervisory discretion provided to assist employee to reach the standard Warning that continued failure to meet the standard may result in dismissal Proof that employee performance was below standard Termination due to Economic Reason Layoffs Temporary withdrawal by definition Example (http://www.canada.com/vancouversun/story.html?id=da910de9e94c4fc78a5cbee80c57f9bf ) http://www.canada.com/vancouversun/story.html?id=da910de9e94c4fc78a5cbee80c57f9bf ) When a layoff exceeds a certain period, it is regarded as termination Who will be laid off? Unionized Collective agreement Nonunionized Employer can decide Group termination Require longer notice period or greater pay in lieu BC Employment Standards Act "Additional notice or pay is required if 50 or more employees are terminated within a two month period at a single location." Communication Programs Ensure interpersonal justice Access to information necessary for making good decisions Chapter 2: Putting People First for Organizational Success also suggested information sharing Downward communication (top bottom) Upward communication (bottom top) Newsletter Information booklets Meetings Email Suggestion programs Opinion survey Focus group meeting Next Class Exam review ...
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- Fall '09