Fair Treatment: The Foundation of Effective Employee Relations

Dessler & Cole

Human Resources Management in Canada Canadian Tenth Edition

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Strategic Importance of Effective Employee Relations

for competitive advantage, employees must be motivated and engaged in pursuing organizational goals

establish programs to foster commitment ensure employees are treated ethically,

fairly, and legally

for competitive advantage, employees must be motivated and engaged in pursuing organizational goals

establish programs to foster commitment ensure employees are treated ethically,

fairly, and legally

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Building Two-Way Communication

suggestion programs employee opinion surveys top-down communication programs fair treatment programs

suggestion programs employee opinion surveys top-down communication programs fair treatment programs

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Fair Treatment Programs

employer programs aimed at fair treatment of employees

formal, highly publicized vehicles employees can appeal any eligible issue Organizational Justice (fairness)

Distributive: decision outcomes Procedural: decision processes Interactional: interpersonal respect/dignity

employer programs aimed at fair treatment of employees

formal, highly publicized vehicles employees can appeal any eligible issue Organizational Justice (fairness)

Distributive: decision outcomes Procedural: decision processes Interactional: interpersonal respect/dignity

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Electronic Trespassing and Employee Privacy

employee right to privacy vs. employer right to know

concern with abuse of company propertypossible illegal use

electronic monitoring easy, inexpensive legal if balanced with employee rights under

privacy legislation (PIPEDA)

employee right to privacy vs. employer right to know

concern with abuse of company propertypossible illegal use

electronic monitoring easy, inexpensive legal if balanced with employee rights under

privacy legislation (PIPEDA)

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Electronic Monitoring Policy

company email/Internet for business use only no improper/illegal use of computer system deleted messages may still be in the system violation of policy will result in discipline written acknowledgement of policy by

employees

company email/Internet for business use only no improper/illegal use of computer system deleted messages may still be in the system violation of policy will result in discipline written acknowledgement of policy by

employees

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Employee Discipline

Rules and

regulations

Rules and

regulations

Fairness in Discipline – Three Foundations

System of

progressive

penalties

System of

progressive

penalties

An appeals

process

An appeals

process

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Fairness in Disciplinary Discussions

take a counseling approach exhibit positive non-verbal demeanour provide employee some process/outcome

control provide a clear explanation of the problem ensure discussion is held in private ensure that discipline is non-arbitrary/consistent

take a counseling approach exhibit positive non-verbal demeanour provide employee some process/outcome

control provide a clear explanation of the problem ensure discussion is held in private ensure that discipline is non-arbitrary/consistent

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Discipline Without Punishment

1. Issue oral reminder

2. Issue formal written reminder

3. Provide one-day paid decision leave

4. Purge suspension from file if no further incidents for one year

Dismissal if behaviour is repeated

1. Issue oral reminder

2. Issue formal written reminder

3. Provide one-day paid decision leave

4. Purge suspension from file if no further incidents for one year

Dismissal if behaviour is repeated

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Managing Dismissals: Grounds for Dismissal

Unsatisfactory performance persistent failure to perform job dutiesMisconduct insubordination, stealing, fightingLack of qualifications for the job after attempts to train have been madeChanged requirements/elimination of the job if employee cannot be transferred

Unsatisfactory performance persistent failure to perform job dutiesMisconduct insubordination, stealing, fightingLack of qualifications for the job after attempts to train have been madeChanged requirements/elimination of the job if employee cannot be transferred

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Managing Dismissals: Insubordination

direct disregard for superior’s authority refusal to obey orders deliberate defiance of company rules public criticism of superior blatant disregard for reasonable instructions contemptuous display of disrespect disregard for chain of command action to undermine superior

direct disregard for superior’s authority refusal to obey orders deliberate defiance of company rules public criticism of superior blatant disregard for reasonable instructions contemptuous display of disrespect disregard for chain of command action to undermine superior

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Managing Dismissals: Employment Contract

in writing or implied employment for indefinite period unless

otherwise stated termination requires reasonable notice termination for just cause does not require

notice

in writing or implied employment for indefinite period unless

otherwise stated termination requires reasonable notice termination for just cause does not require

notice

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Managing Dismissals: Wrongful Dismissal

employee can allege wrongful dismissal if:notice is not provided notice is not considered reasonable

employee can allege wrongful dismissal if:notice is not provided notice is not considered reasonable

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Managing Dismissals: Avoiding Wrongful Dismissal Suits

avoid inducements to lure prospective employees use employment contracts with a termination clause document all disciplinary action do not allege cause unless it can be proven do not terminate on employee’s birthday, holidays use termination letters in all cases schedule termination meeting in a private area have two managers at the termination meeting

avoid inducements to lure prospective employees use employment contracts with a termination clause document all disciplinary action do not allege cause unless it can be proven do not terminate on employee’s birthday, holidays use termination letters in all cases schedule termination meeting in a private area have two managers at the termination meeting

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Managing Dismissals: Constructive Dismissal

unilateral changes in employment contract, unacceptable to employeedemotion forced early retirement forced transferreduction in pay/benefitschanges in job duties/responsibilities

unilateral changes in employment contract, unacceptable to employeedemotion forced early retirement forced transferreduction in pay/benefitschanges in job duties/responsibilities

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Managing Dismissals:Dismissal Procedures

provide warnings before termination (final warning in writing)

prepare a checklist of company property to be accounted for

change security codes and locks for mass dismissal, prepare news release decide beforehand how to inform coworkers

provide warnings before termination (final warning in writing)

prepare a checklist of company property to be accounted for

change security codes and locks for mass dismissal, prepare news release decide beforehand how to inform coworkers

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Managing Dismissals:Termination Interviews

Step 6. Identify next step for employeeStep 6. Identify next step for employee

Step 5. Review severance package Step 5. Review severance package

Step 4. Listen Step 4. Listen

Step 3. Describe the situation Step 3. Describe the situation

Step 2. Get to the point Step 2. Get to the point

Step 1. Plan the interview carefully Step 1. Plan the interview carefully

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Managing Dismissals: Outplacement Counseling

training and counseling for a terminated employee

includes self-appraisal and job search skills

training and counseling for a terminated employee

includes self-appraisal and job search skills

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Managing Separations: Layoffs

Group termination laws: employee notification Advance notice required: 6 to 18 weeks Aim – to assist employees

Layoffs: seniority usually used to decide layoffs can also use merit or ability seniority based on original employment date (not date

started in current job) employee with more seniority can bump less senior

employee in another job (if qualified)

Group termination laws: employee notification Advance notice required: 6 to 18 weeks Aim – to assist employees

Layoffs: seniority usually used to decide layoffs can also use merit or ability seniority based on original employment date (not date

started in current job) employee with more seniority can bump less senior

employee in another job (if qualified)

Managing Separations:Downsizing

Dramatic reduction of employees Fair treatment critical

Both survivors and people losing jobs

Deliver bad news humanely Face-to-face bad news received more positively One-on-one best

Treat everyone with dignity and respect Anticipate emotional reactions

Dramatic reduction of employees Fair treatment critical

Both survivors and people losing jobs

Deliver bad news humanely Face-to-face bad news received more positively One-on-one best

Treat everyone with dignity and respect Anticipate emotional reactions

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Operating earnings frequently don’t improve!

15-21

Downsizing in a Merger/Acquisition

avoid appearance of power/domination avoid win/lose behaviour remain businesslike/professional maintain positive regard for acquired

company treat acquired group with care and dignity

avoid appearance of power/domination avoid win/lose behaviour remain businesslike/professional maintain positive regard for acquired

company treat acquired group with care and dignity

About 2/3 mergers fail to reach targeted efficiencies & cost savings

15-22

Managing Separations: Alternatives to Layoffs

voluntary reduction in pay plan voluntary time off contingent employees Work Sharing Program (HRSDC)

Reduced work week + claim EI for difference

voluntary reduction in pay plan voluntary time off contingent employees Work Sharing Program (HRSDC)

Reduced work week + claim EI for difference

15-23

Managing Retirement

as Baby Boomers retire, it is expected that: longstanding trend to early retirement will change late retirement will be promoted to help ease labour

shortage joint retirement issues for dual-career couples will

increase flexibility in retirement arrangements will increase

dramatically

as Baby Boomers retire, it is expected that: longstanding trend to early retirement will change late retirement will be promoted to help ease labour

shortage joint retirement issues for dual-career couples will

increase flexibility in retirement arrangements will increase

dramatically

15-24

Managing Retirement: Pre-retirement Counseling

Lifestyle goalsLifestyle goals

Financial planningFinancial planning

Relationship issuesRelationship issues

Health issuesHealth issues

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