Labour as expect employers to appl progressive

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HR managers need to keep careful records of misconduct. Labour A’s expect employers to apply progressive discipline before dismissing unionized employee (expect when the misconduct is very serious). Common for A to reinstate dismissed unionized employees and sub an unpaid suspension. A’s consider the entire situation, looking for mitigating factors like length of service, past disciplinary record, way the employer treated similar incidents with others, even employee’s personal circumstances like theimpact it would have on the employees dependents. Summary: “nonunionized employers face challenges similar to those of unionized employers when they attempt to summarily dismiss an employee without providing notice. The nonunionized employer must convince a court that the employee’s misconduct was sufficiently serious to warrant forfeiting notice of termination. A unionized employer needs to convince a labour arbitrator that it had just cause to dismiss the employee.”Read highlights of hrm 13.3 as overview summaryEmployee privacy rightsPrivacy in the workplace Right of privacy has been recognized in various degrees under all 3 regimes of employment law. Strongest protections of employee rights are recognized by labour arbitrators in collective agreements. Arbitration law requires employer to establish that there is a need for surveillance and that it is conducted in a reasonable manner (balances employee interests and privacy concerns). Govs sometimes pass legislation to protect employee privacy rights. Ex. BC Personal Info Protection Act applies to the private sector in BC, requires a similar balancing of interests in assessing whether they can conduct surveillance. Federal Personal Information Protections and Electronic Documents Act (PIPEDA) regulates an employer’s collection and dissemination of info about employees, and the right of employees to access their personnel files. Applies to federally regulated workplaces and commercial activities engaged in by provincially regulated companies. (commercial activities include the selling of info, such as employee listsor info about employees). Orgs covered by PIPEDA must obtain an individuals consent when they collect,use or disclose the individuals personal info. Individual has right to access personal info held by an org and challenge its accuracy. The info collect can only be used for the purpose it was collected for, or must obtain info again. And that the info is safe. Is also a balance, employers covered by the legislation are restricted in ability to secretly monitor employee computer use unless they can prove that less intrusive means do not solve the problem.Court cases usually grant the employer rights to monitor things on workplace computer. There is no reasonable expectation of privacy when using the employers computers and equipment. But even under common law, it is not absolute, common law judges are slowly recognizing an implied right to privacy at work “treat its employees in good faith and fairly” need strong justification. -Develop clear policies and guidelines that explain how

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