BRIEFING PRESENTATION

Knowing Your Rights​ and Responsibilities​

School of Graduate Studies, Trent University​ MSMG-5210H-A-F01-2023GF-PTBO Strategic HR Management​ ​ ​ ​ ​ ​ ​.

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Professor Steven Girardi​ November 22, 2023

Index

Introduction​

Disciplinary Policies and Procedures​

Approaches to Disciplinary Action

Management rights and responsibilities​

APPEALING DISCIPLINARY ACTIONS​

Employee Rights​

Disciplinary Policies and Procedures​

References

Introduction​

• Employee rights, management rights, workplace privacy, and employee discipline are crucial topics influencing both employees and managers.​
• The traditional management responsibility of disciplining employees is becoming more challenging in light of increasing attention to employee rights.​
• Managers find disciplining employees to be a difficult and stressful task.

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Knowing Your Rights and Responsibilities​

• Openness and transparency are important for gathering employee information.​

• The growth of employee rights issues may lead to more lawsuits, prompting a discussion of alternative dispute resolution to foster a less legalistic approach.​

• Managers play a key role in preventing the need for disciplinary action and should follow carefully developed HR policies when such action becomes necessary​

Simon Sinek

Management’s Rights​

Managers function as representatives of the organization and therefore have​ the legal responsibilities and liabilities that go with that role.​ Make fundamental decisions, such as how the business is run or how much the company should charge for its products or services​ ​ The authority and privileges that managers wield in an organization to successfully govern and make choices for the company are known as the rights of management​ Evolution of Managerial Roles:​ Managers now operate within specific guidelines and have increased responsibility in exercising their rights. ​ Hiring and Termination Authority:​ Companies have the right to hire or terminate employees, a fundamental managerial authority.

Management’s Fundamental Rights​

This is a statutory right that gives management (the employer) the right to Hire and Fire employees.

Management’s Rights and Responsibility​

Recognition of Employee Rights:​ Managers must acknowledge and adhere to employee rights, understanding obligations in today's workplace.​ ​ Growing Demand for Social Responsibility:​ Employees and the public expect employers to demonstrate greater social responsibility in managing people​ ​ Diverse Workforce Considerations:​ Addressing issues like comparable pay, health benefits, daycare, and alternative work schedules is essential as the workforce becomes more diverse

Management’s Contractual Rights

Other Management Statutory Rights ​

Some examples of Management Contractual rights are stated below:​

• Work flexibility: Contracts define the hours of work, location, etc. Management has the right to enforce contractually agreed work schedules and flexibility.​
• Professional Development: Some contracts allow management to dictate the types of training employees will embark on while working in the company.

Employee Rights​

Other Management Statutory Rights ​

• Employee rights: The expectation of fair treatment from employers in the employment relationship.​
• Expectation becomes right: Guaranteed to employees by courts, legislature or employers.​
• Lack of a comprehensive and consistent privacy protection framework contributes to confusion in the workplace.​
• Employers are advised to communicate openly with employees about the purpose and scope of electronic monitoring, especially in situations like call centers.
• Employers must ensure a healthy and safe workplace, and in certain situations. i.e. conduct drug tests for safety reasons.​
• Employers are expected to exercise a duty of care in hiring and training employees, particularly in fields like emergency services where public safety is a concern.​
• Inadequate training can lead to liability, as illustrated by a case where the RCMP was held responsible for insufficient training on the use of force equipment.​
• Without exercising reasonable care, employers may face liability from outside parties or other employees in cases of injury or harm

Renowned Businesses For Ensuring Employee Rights: ​

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Google

Employee Protection Right​

Due Process​

Contractual Rights​

Statutory Rights

Statutory Rights

Statutory rights are rights that derive from legislation.​

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Human Right Legislation​

Protects employees from discrimination and harassment based on age, sex, race and other prohibited grounds​

Provincial Employment Standards

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Labor Relation Laws

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Occupational Health and Safety Legislation​

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Right to form and belong to a union, to bargain for better working condition​

Establish basic rights for overtime, minimum vacation pay and leaves

Aims to ensure safe and healthy working condition​

Statutory Rights​ ​

• Health and safety legislation significantly impacts both employers and employees, particularly in the context of issues like random alcohol and drug testing​
• Suncor Energy in Alberta, where the court granted the right to conduct alcohol and drug testing. While employers argue it is necessary for a safe work environment. Employees, represented by the union Unifor, view it as an invasion of privacy and a violation of their fundamental rights. Suncor contends that the nature of its continuous, heavy equipment operations necessitates stringent safety measures to reduce accident risks​

Contractual Rights​​

Contractual Rights: In contrast to statutory rights, contractual rights are specific to the terms agreed upon in individual employment contracts, providing a more personalized set of rights and obligations.

Legally Binding Agreements:​ Contracts are not mere formalities but legally binding documents shaping the entire employer-employee relationship. Violation of contract terms can lead to legal consequences.

Remedies for Breaches:​ Breaches might include failure to fulfill agreed-upon duties or wrongful termination. Remedies could involve seeking damages or specific performance through the legal system.

Types of Contracts:​

• Formal Contracts for Contingent Workers:​​

​ Formal contracts are more common for contingent workers due to the temporary or project-based nature of their employment.​​ These contracts go beyond job descriptions, covering critical aspects such as the nature of work, contract duration, compensation structure, benefits, and conditions for termination.​

• Implied Contracts:​​

Implied contracts arise when an employee continues working after the expiration of a fixed-term contract, indicating an understanding of ongoing employment.​​ Information on an application form, in an HR manual, or conveyed during an interview may establish an implied contract.​ This implicit agreement becomes crucial if an employee continues working after the expiration of a fixed-term contract, indicating an ongoing employment relationship.​ Whether explicit or implicit, an employee's continuation of work after a fixed-term contract's end, without a new contract, is generally construed by courts as an implied agreement.

Employers may minimize their risk of challenges on an implied contract, in the following ways:

Employers may minimize their risk of challenges on an implied contract, in the following ways:​ Train managers about what to say to employees about pay or benefits.​ Use a written employment letter or contract that explains the circumstances under which an employer may terminate the employee.​ Have written information about the nature of the employment relationship, such as in employee manuals or the offer letter.​ Ask the employee to read all documents and sign off that the materials have been read and understood.

An implied contract may be binding on the employer. Examples: ​ Communicating to employees that if they are loyal and do good work, their jobs are safe.​ Expressing in an employee manual that if they are terminated, they have access to an appeal procedure (e.g., due process).​ Enticing someone to leave another organization by promising a better job and then not following through after the person is hired.

Employers may minimize their risk of challenges on an implied contract, in the following ways:

Employers may minimize their risk of challenges on an implied contract, in the following ways:​ Train managers about what to say to employees about pay or benefits.​ Use a written employment letter or contract that explains the circumstances under which an employer may terminate the employee.​ Have written information about the nature of the employment relationship, such as in employee manuals or the offer letter.​ Ask the employee to read all documents and sign off that the materials have been read and understood.

Due Process​

Employee’s right to a fair process in making a decision related to the person’s employment relationship

While due process in employment is not always a legal requirement, it ensures the fair and equitable procedures that employers should follow when making decisions that affect an employee's rights, especially when it comes to disciplinary actions or termination.

It ensures that employees are treated fairly and have the opportunity to be heard before any adverse employment actions are taken against them

Due Process​​

Forward-thinking employers will include the following principles—or rights—when considering due process:​​ 1. The right to know job expectations and the consequences of not fulfilling those​ expectations.​ 2. The right to consistent and predictable management action for the violation of rules.​ 3. The right to fair discipline based on facts, the right to question those facts, and the right​ to present a defence.​ 4. The right to appeal disciplinary action.​ 5. The right to progressive discipline—to be informed about an incident and be given a​ chance to improve.

Employment Rights Not a Guarantee

• Employees should recognize that their jobs are not legally guaranteed as permanent or continuous.​

• The concepts of due process and job rights don't ensure permanent employment but require management to act consistently and fairly.​
• While employees don't have an absolute right to employment, they are entitled to expect fair treatment and sound employment practices.​
• In Canada, without a formal contract specifying employment duration, the employment relationship is generally considered ongoing.​
• Employment is not necessarily permanent, but employers must provide reasonable notice and grounds for termination under statutory and common (contract) law.

Question

What are the rights you expect from your employer after getting a job?

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Job Expectancy Right​

Substance Abuse and Drug Testing

Privacy

Plant Closing Notification

Just- Cause Disciplinary

Discharge Procedure

​ ​ Substance Abuse and Drug Testing​ ​

Current Trends:​ Consumption of alcohol and cannabis increased significantly.​ With the legalization of cannabis in Canada in 2018, companies are worried about the impact on the workplace.​ Several studies have found that alcohol and other drug usage (both prescription and non-prescription) negatively impacts job performance, productivity, absenteeism, and overall health.​ Most human rights tribunals see drug or alcohol abuse as a disability, any testing can be viewed as discrimination or a challenge to the right to privacy Consequences: ​ When customers suffer injuries due to a careless worker or defective product, employers who fail to maintain a drug-free and safe workplace risk facing enormous liability claims.

​ ​ Substance Abuse and Drug Testing​ ​

Companies in Canada are ensuring policies and practices are in place for possible substance misuse including prescription medication addiction. ​ ​ Case: Toronto Transit Commission (TTC) was challenged by its union, as substance abuse testing can be violation of privacy and psychological risk for employees, The Ontario Superior Court ruled that there wasn’t evidence that harm would come to employees, the TTC had demonstrated random testing was necessary because of public safety, which outweighed any violation of privacy. The court allowed the TTC to continue with the testing Drug testing will detect or deter people and will increase public safety.

Employee Privacy​

In the workplace, employers often use surveillance methods like cameras and fingerprint scanning to monitor employees, but they must balance this with privacy concerns. While employees typically have limited privacy expectations in monitored work areas, employers are expected to be reasonable and transparent about their surveillance practices. Laws like PIPEDA mandate the protection of personal information, requiring employers to establish clear privacy policies and handle personal data securely. As technology advances, the need for careful assessment of privacy implications by employers and privacy commissioners becomes increasingly important.

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Monitoring Employees

Performance

• Measure Internet use, keystrokes, and time
• Use of resources
• Examine communications content: email, social media,
• telephone calls, text messaging
• Identify location: cards, CCTV, GPS, RFID
• Use mystery shoppers

Behaviours

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Personal characteristics

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• Identify location: cards, pages CCTV, GPS, RFID
• Use mystery shoppers
• Use psychometric testing, drug testing, biometrics
• Use lie detector tests
• Use audio and video surveillance
• Create open work space

• Use mystery shoppers
• Use psychometric testing, drug testing, biometrics
• Use lie detector tests
• Use audio and video surveillance

Access to Employee Files:​

Employee Access and Legislation:

Content of Personnel File:

Information in an employee's official employment record can shape their career positively or negatively

• Maintained by the HR department.​
• Contains performance reviews, salary details, investigatory reports, credit checks, criminal records, test scores, and family data.​

• Most employers grant employees access to their employment files.​
• Compliance with privacy legislation, such as PIPEDA (Personal Information Protection and Electronic Documents Act).

Right to Examine Personnel File:

Consent Principle:

Data Use and Disclosure

The key legal principle is obtaining consent from the employee ahead of time for data privacy.

Employees have the right to examine their personnel file, including electronically stored information.

Personal information cannot be used or disclosed without the prior knowledge and consent of the employee.

Access to Employee Files:​

Other Management Statutory Rights ​

Under PIPEDA, the person must be notified of the following before any information can be provided:​

• That the employee is about to provide personal data​
• The purposes for which the information is to be processed​
• The people or bodies to whom the information might be disclosed​
• The proposed transfer of information to other countries​
• The security measures protecting the information​
• Medical information is personal, confidential, and potentially sensitive, and it should only be accessed by authorized individuals when necessary

Additionally:​ Crucial to ensure that relevant items are included in the employee file.​ Employers must have employees sign the flextime agreement.​ The signed agreement must be kept in the employee file until any changes take place.

​ ​ Policy Guidelines On Handling Personnel Files:​​

• Ensure compliance with legislation.​
• Define exactly what information is to be kept in employee files.​
• Ensure that informed consent has been received from employees regarding the types of information that will be collected and stored.​
• Develop different categories of personnel information, depending on legal requirements and organizational needs.​
• Specify where, when, how, and under what circumstances employees may review or copy their files.​
• Ensure that appropriate security measures are in place to safeguard information.​
• Identify company individuals allowed to view personnel files.​
• Prohibit the collection of information that might be viewed as discriminatory or form the basis of an invasion-of-privacy suit.​
• Audit employment records regularly to remove irrelevant, outdated, or inaccurate information

​ ​ Electronic Privacy:​

• Electronic monitoring or surveillance by employers, while not illegal, may be perceived as an invasion of privacy by employees.​

Privacy Challenges:​ - Growth in management and financial information systems may compromise personnel information privacy.​ - Even deleted messages can be accessed, posing a risk to sensitive information.​ ​ Social Media Misuse:​ - Employees using social media inappropriately can lead to termination, but legal considerations may impact disciplinary actions.​ ​ Balance Between Privacy and Employer Needs:​ - Technology necessitates a balance between employee privacy and the employer's need to monitor performance, prevent harassment, and ensure productivity.​ ​ Legal Framework:​ - The Freedom of Information and Protection of Privacy Act applies to public bodies, not necessarily to the employment relationship in many organizations.

​ ​ Electronic Privacy:​

Employer Rights and Responsibilities:​ - Employers are encouraged to establish clear policies on electronic communication usage, including monitoring conditions.​ ​ Employee Awareness:​ - Employees should be reminded of their responsibilities under the company's policy each time they access the company's computer system.​ ​ Court Affirmation of Monitoring Rights:​ - Courts and arbitrators reinforce the organization's right to monitor electronic transmissions, including email and internet use.​ ​ Policy Acknowledgment:​ - Employees should sign forms indicating their understanding of email and voice-mail policies.​ ​ Discipline for Internet Abuse:​ - Courts generally find disciplining employees for Internet abuse reasonable, but privacy considerations may still apply in certain situations.

EMAIL, INTERNET, SOCIAL MEDIA,AND VOICE-MAIL POLICY GUIDELINES​

Other Management Statutory Rights ​

• Decide on whether the policy will promote use or prohibit misuse.​
• Ensure that other relevant policies, such as computer use, privacy, confidentiality, harassment/discrimination, and cyberbullying, are aligned.​
• Ensure that the policy covers how it is applied when employees use their own devices for work purposes.​
• Clearly specify anything prohibited, such as certain Internet sites or file sharing.​
• Clearly specify the use or non-use of social media sites and whether use on company equipment will be monitored, including any impact on work productivity.​
• Communicate the consequences of breaches of policy.​
• Through the organization’s systems, block any sites the organization does not want employees to access.​
• Inform employees that any confidential information is not to be shared or sent electronically.​
• Advise employees that email and computer use, including any personal information stored on computer, is not private and therefore may be reviewed by others.​
• Communicate the company’s expectations on being connected after the workday.​
• As technology changes, review, update, and communicate policy changes.​

Question

Question: Can an employer discipline, or terminate, an employee for off-duty activities?

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Employee Conduct Outside the Workplace

Other Management Statutory Rights ​

• Employee’s privacy needs to be balanced in relation to the employer’s rightful business interests​
• For an employer to justifiably discipline an employee for actions outside the workplace, they must demonstrate a direct connection between the behavior and the employment relationship. ​
• Each situation must be evaluated independently based on its specific circumstances.

Real World Example: ​ A CP rail conductor was terminated after the company investigated the employee’s conduct and actions using social media. The reason for the termination is that the person had posted pictures posing in very unsafe situations at work, using both railway property and equipment and making very derogatory comments about the company.

DISCIPLINARY POLICIES AND PROCEDURES​

• Disciplinary action taken against an employee must be for justifiable reasons, and effective policies and procedures must govern its use.​
• As part of the manager–HR partnership, the HR department will work with the manager to ensure that any actions taken against employees are consistent with any collective agreements and conform to current law.​
• When disciplinary action is needed, the manager should strive to use a problem-solving attitude, as any attempt to prevent recurrence will require understanding of them.​
• By attempting to find out the reasons, the manager is in a better position to work with the employee to find an acceptable solution.

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Setting Organizational Expectations​

• Setting expectations of performance and behavior is the foundation for an effective disciplinary system. These expectations govern the type of behavior expected of employees.​
• Employee behavior standards are established through the setting and communicating of organizational procedures and rules.

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Setting Organizational Expectations​

Training

Communication

Proper documentation of policies and procedures

Therefore, before initiating disciplinary action, it is essential that managers determine whether they have given their employees careful and thorough orientation in what is expected of them in relation to their jobs.

Suggestions

It is crucial to widely disseminate information about rules, ensuring that all employees are aware of them. Assumptions about employees' understanding of expectations should be avoided.​

Regular reviews of expectations related to work success are essential to keep employees informed and aligned with organizational goals.

Clearly communicate the reasons behind expected behavior and performance standards to employees.

All organizational policies and rules should be documented in writing to prevent ambiguity and varying interpretations among managers.

Ensure that expectations regarding safe and efficient operations are both reasonable and compliant with safety legislation.

Managers should consistently enforce organizational policies and expectations related to behavior and performance.

Request employees to annually sign a code of conduct or a similar document, confirming their understanding of and compliance with organizational expectations.

Defining Discipline​

• Discipline is derived from the word, "disciple" which means "follower" (Peacock,M. et al 2020). It also has the following definitions:​

• Treatment that punishes,​
• orderly behavior in an organizational setting, or​
• training that molds and strengthens desirable conduct—or corrects undesirable conduct—and develops self-control​
• can be considered positive when employees willingly practice self-control and respect organizational values and expectations

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Typical Disciplinary Problem:​

Performance at Work

• Not completing work activities.
• Not meeting production standards or customer expectations.
• Not meeting production metrics

Attendance Issues

• Unexplained absences.
• Persistent absenteeism.
• Ongoing tardiness.
• No approval to leave early

Behaviour Issues

Being Untruthful

• Using alcohol or drugs at work.
• Non-compliance when given a direction.
• Physical abuse.
• Performing or behaving unsafely.
• Being physically violent or hostile.
• Not using safety equipment & Not reporting a workplace injury.
• Harassing or bullying fellow workers.
• Having weapons.

• Stealing or committing fraud.
• Lying on resumé.
• Intentionally damaging company property.
• Being untruthful on work documents

Investigating the Disciplinary Problem:​

• Too often, investigations are handled haphazardly; worse, they disregard one or more investigative concerns.​
• It is critical to remain objective and avoid the preconceptions, suppositions, and biases frequently surrounding discipline cases.​
• When preparing documentation, it is important that the manager record the incident immediately after the infraction takes place.​
• The memory of the incident is still fresh, and the manager can ensure that the record is complete and accurate​
• Documentation should be complete.​
• This information will include whether there have been any previous warnings with an opportunity to improve. These documents are necessary to prove that the employer had the right to discipline

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An Approach to Discipline ​

Determination that there is a​ need to discipline the employee​

Informing employee of what organizational expectation (behavior and/or performance) was violated

Confirming expectations regarding future behavior and time frame.

Determination that the employee has met expectations or warrants further discipline

If further discipline is warranted, determination if termination is appropriate action

​ ​ The Investigating Interview ​

• When considering discipline: investigation of the incident, interviewing employee and employee’s manager.​
• The discussion with the employee: What standards were met, should avoid getting into personalities or areas unrelated to job performance.​
• Key discussion during the interview: to ensure that the employee is given an opportunity to explain to ensure that there is nothing that is the fault of the company.​
• Investigation should be approached thoughtfully and independently.

​ ​ What Makes An Effective Investigation​

Develop an investigation plan, determining if specific procedures are required and assessing the severity of the situation to decide if disciplinary actions are warranted.​

Assign a qualified and experienced individual, suitable for the investigation's subject, to conduct the inquiry.

Ensure that the investigator is as independent as possible.

Identify all relevant issues and explore them as appropriate.

Inform the accused about the allegation and investigation, offering them a chance to present their perspective.

​ ​ What Makes An Effective Investigation​

Interview all relevant individuals to gather their viewpoints on the situation and ensure proper documentation of the interviews.

Ensure that all relevant documents (including any electronic records) are available and secure.

Ensure that the investigation has sufficient resources to be completed.

Approaches to Disciplinary Action

Progressive Discipline

Disciplinary action in the workplace should aim to improve employee behavior, not punish. It's necessary when rules are violated, confirmed by investigation. Misusing discipline as punishment can lead to management problems and legal issues. Two main approaches are progressive discipline, escalating with repeat offenses, and positive discipline, emphasizing constructive feedback.

Positive Discipline

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Question

Question: Have you ever witnessed a power missuse?

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Progressive Discipline:

​A process for addressing job-related behavior that doesn't meet expected standards, aiming to help employees improve. Involves increasingly formal and consequential steps, varying with the offense and situation. Requires thorough investigation before action, like in cases of excessive restroom breaks. Investigations need careful planning, considering confidentiality and organizational impact. Steps include counseling, verbal warning, written warning, suspension, and potentially termination, flexible based on the situation.

Positive Discipline

Focuses on employee participation and responsibility, emphasizing constructive criticism and problem-solving.Aims for early correction of issues, ensuring employees understand expectations and the impact of their actions, with joint solution finding. Encourages a supportive work environment where employees are motivated to take ownership of their actions and behaviors. Utilizes a non-punitive approach, preferring constructive feedback and coaching over traditional disciplinary methods, fostering a more positive workplace culture.

Positive Discipline Procedures

First conference (Oral)

Second conference (Written)

Decision Making

• Grant leave day with pay
• Obtain employee's commitment to meet standards or terminate
• Notice to employee's file

• Emphasize why problem must be resolved
• File written solution to problem
• Obtain employee's commitment to meeting standards
• Notice to employee's file
• Follow-through

• Review performance standards or behavioural expectations of employee
• Obtain employee's commitment to meeting standards
• Notice to manager's file
• Follow-through

Unresolved

Unresolved

Unresolved

Terminate

Recognition and Rienforcemnt

Effective Documentation of Employee Concerns

Key Elements:Employee Identification: Name and job title. Involved Parties: Names of witnesses or other employees. Incident Timing: Date, time, and location of occurrence. Incident Description: What happened and why it's an issue. Policy Breach: Which policies were violated, including code of conduct. Impact Analysis: How others were affected. Required Changes: What needs to change and by when. Past Incidents: Any previous related occurrences. Future Consequences: Outcomes if no improvement occurs. For Managers ensuring compliance with disciplinary guidelines and thorough documentation is essential.

Understanding Termination Grounds

• Termination decisions are not to be taken lightly; they profoundly affect the individual's career and personal life, as well as the organization's morale and culture.
• It's necessary when employees consistently fail to meet organizational policies or don't align with the culture.
• Special attention is needed for sensitive situations like substance dependence, where ethical considerations are paramount.

Wrongful Dismissal

Just Cause' Dismissal Requirements:Applies when an employee fails to meet performance expectations or violates company policies. Requires employers to document and prove serious misconduct or incompetence. Handling of Termination and Associated Challenges: Increased instances of wrongful dismissal claims highlight the need for fair treatment and solid grounds for termination. Employees must be informed of their deficiencies and given opportunities to improve before 'just cause' termination. Restructuring, downsizing, or lack of fit do not qualify as 'just cause'; valid reasons include poor performance, relationship issues, and technical incompetence, with prior warning. Economic challenges of the company are not a valid reason for 'just cause' dismissal.

Just Cause

Other Management Statutory Rights ​

Excessive lateness or absenteeism

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Theft from the company

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Inappropriate conduct

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Continued and repeated failure to meet performance standards

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Bullying and harassment

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Conflict of interest

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Continued workplace safety violations

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Violence

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​ ​ GUIDELINES FOR TERMINATION WITH CAUSE

Did the employee understand what was expected, and was the employee’s situation considered independently of others?

How serious were the circumstances such that termination is the appropriate discipline?

Was the employee given sufficient time to improve and reach the standard of performance and/ or behaviour?

Was the employee warned if unacceptable performance and/or behaviour continued?

Did the organization conduct an investigation?

​ ​ GUIDELINES FOR TERMINATION WITH CAUSE

Did the employer consistently apply standards to others?

Was termination the appropriate consequence?

Can the employer prove the employee’s unacceptable performance and/or behaviour?

​ ​ Constructive dismissal

• Constructive dismissal occurs when an employer significantly alters an employee's role or working conditions, affecting compensation or status. In such situations, employers are required to provide proper notice before implementing these changes. If an employee resigns due to these drastic changes, they may claim constructive dismissal. Legal precedents support such claims, especially in cases where the changes were made without adequate notice or fairness. Therefore, it's crucial for employers to ensure consistency and fairness in implementing workplace changes and in providing the necessary notice to employees.

​ ​ Terminating Employees

• Consider individual reactions and potential upheaval for employees facing termination.
• Handle terminations sensitively, with tact and honesty about the reasons.
• Managers should be coached on effective communication for termination meetings.
• Schedule the meeting early in the week, in a neutral and private setting.
• Be direct, open, and honest without engaging in debate; maintain calmness and brevity.
• Take notes during the meeting and stay considerate and polite.
• Discuss final pay, benefits, reference procedures, and company property return.
• Ensure legal rights of the employee are not violated.
• Escort terminated employees off the premises respectfully, avoiding any form of humiliation.

Providing Career Transition Assistance

• Offer career transition or outplacement services to dismissed employees, especially those with long tenure.
• Services aim to mitigate trauma and psychological impact of termination.
• Extend support to various groups, including veterans and professionals re-entering civilian life.
• Transition assistance includes reducing anger and grief, restoring confidence, and aiding in job searches.
• Services also cover coaching in navigating the job market, developing contacts, and handling interviews and salary negotiations.

The Results of Inaction

• Not addressing performance or behavior issues can imply acceptance of such conduct.
• Delays in taking disciplinary action make it difficult to justify later, especially during appeals.
• Importance of documenting all actions to build a strong case for any disciplinary measure.
• Managers risk undermining current disciplinary actions by being inconsistent in the past.
• Proactive management and building a case for disciplinary actions beforehand are crucial.

APPEALING DISCIPLINARY ACTIONS​

• Growing Focus: Increasing Organizational Emphasis on Fair Treatment of Employees​
• Rise in organizational commitment to creating a just and equitable work environment.​
• Recognition of the impact of fair treatment on employee satisfaction and retention.​
• Implementing policies and training programs to promote fairness and equality.​
• Employee Voice: Importance of Allowing Employees to Express Concerns Without Fear​
• Encouraging open dialogue and feedback from employees regarding workplace issues.​
• Establishing clear channels for employees to report grievances or misconduct.​
• Fostering a culture where feedback is valued and leads to constructive changes.​

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Author's Name

Accountability

Managerial Accountability: Ensuring Managers are Equitable in Their Treatment​ Training managers to handle employee concerns impartially and professionally.​ Holding managers accountable for any biases or unfair treatment in their decision-making.​ Implementing regular reviews and audits to ensure managerial practices align with organizational values of fairness and equity.​

Appeal procedures

Mediation

Negotiation

• A process where people discuss an issue to reach a mutual agreement.
• Involves preparation, clarification of goals, positive approach, reaching an agreement, and implementation.
• Example: Deciding roles in a group project.

• An increasingly popular method for resolving employee complaints and labor disputes.
• Involves impartial facilitators aiding face-to-face meetings to reach an agreement.
• Eases tensions and misunderstandings, leading to satisfactory outcomes for all parties.

Ombudsperson

Arbitration

• A designated individual aiding in the investigation and resolution of workplace issues.
• Maintains impartiality and confidentiality to efficiently handle conflicts.
• Capable of making recommendations to improve workplace practices.

• A process used for resolving workplace disputes outside the court system.
• Tends to be final and binding, saving court costs and time.
• Offers a solution while avoiding public scrutiny

Team

Rakshanda Soria Samad (0817997)​Praneeth Vykuntam​ (0814692) Theresa Oladoyin Dada (0784617)

References

Kunyk, D., & Deschenes, S. (2019). Disciplinary decisions regarding professional nurses: exploring regulatory decisions in a western Canadian province. Journal of Nursing Regulation, 10(3), 28-33. Online. Retrieved November 20, 2023 on https://www.sciencedirect.com/science/article/pii/S2155825619301450​ ​ Peacock, M., Belcourt, M., & Stewart, E. B. (2020). Understanding Human Resources Management: A Canadian perspective. Cengage Canada. ​ ​ Thurton, D. (2023, May 9). Human Rights Commission says staffers linked to workplace racism have been reassigned | CBC News. CBCnews. https://www.cbc.ca/news/politics/canadian-human-rights-commission-racism-1.6835843 ​ ​ Torrance, C. (2023, October 18). Honda Civic Hybrid returns next year with production in Canada and Indiana. Honda Corporate Newsroom. Online Retrieved November 6, 2023 at https://hondanews.com/en-US/honda-corporate/releases/release-7b0d03d783f6d642dbbefc6b2a0f6695-honda-civic-hybrid-returns-next-year-with-production-in-canada-and-indiana​ ​ ​ Videos​ https://www.bing.com/videos/riverview/relatedvideo?&q=management+obligation+to+employees+in+canada&&mid=B4086DDCC486D345142AB4086DDCC486D345142A&&FORM=VRDGAR ​ ​ https://www.bing.com/videos/riverview/relatedvideo?q=management%20obligation%20to%20employees%20in%20canada&mid=B025C3A00D164CEA8243B025C3A00D164CEA8243&ajaxhist=0​ ​ https://www.google.com/search?q=setting+organisational+expectations+in+Canada&sca_esv=584053878&tbm=vid&sxsrf=AM9HkKk_ShqmHS1KdpWdRatbN8vBeypdwA:1700508031729&source=lnms&sa=X&ved=2ahUKEwjtwqyJptOCAxWqADQIHeYWAh4Q_AUoBHoECAEQBg&biw=1536&bih=707&dpr=1.25#fpstate=ive&vld=cid:25ced53c,vid:nb7DCRNVnaw,st:0

References

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