1. Chapter 4 Employee Rights and Ethical Issues Copyright © 1999 John Wiley & Sons Canada, Ltd. All rights reserved.

2. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Ethical Dilemmas in HRM An employee who has made a great business contact is suspected of substance abuse -- what do you do? You discover that two of your contractors in Bangladesh are using child labour. If these children lose their jobs, they may be driven into prostitution -- what do you do?

3. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Ethics Training 1. 1. Have a policy on ethics. 2. 2. Communicate this policy to employees. 3. 3. Train employees to make ethical decisions. 4. 4. Reinforce the fact that all decision makers face similar dilemmas. 5. 5. Reward ethical decision makers.

4. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Why Establish a Code of Ethics? Attract customers and raise employee morale and productivity Enhance reputation Improve relations with government

5. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employee Rights: Privacy Access to Information Act Privacy Act Parallel legislation in provinces and territories

6. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employee Rights: Privacy Review personnel files Receive feedback on test performance Be protected from drug and alcohol testing and electronics monitoring Employees may:

7. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employee Rights: Drug and Alcohol Testing Safety or performance must be affected Conditional offer of employment must have been made Testing must meet rigorous standards Can only test for substance for which sample was taken Entrop v. Imperial Oil led to guidelines for drug and alcohol testing:

8. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employee Rights: Drug and Alcohol Testing Organizations need to: Accommodate individuals who fail drug or alcohol test Draft clear policies on substance abuse

9. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employee Rights: Whistle-Blowing Legal protection for employees who raise questions about organizational practices with government Organizations may voluntarily adopt whistle-blowing policies

10. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd 10 Steps to an Effective Whistle-Blowing Policy 1. 1. Develop a written policy. 2. 2. Seek input from top management. 3. 3. Communicate policy to employees in a variety of ways. 4. 4. Don’t require employees to go to their supervisor first. 5. 5. Allow employees to report anonymously.

11. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd 10 Steps to an Effective Whistle-Blowing Policy 6. 6. Guarantee employees will be protected from retaliation. 7. 7. Develop a formal investigative process. 8. 8. Take prompt action. 9. 9. Provide an appeals process. 10. 10. Secure commitment of whole organization, from the top down.

12. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Employees Rights: Employee Monitoring and Workplace Security As long as they have a policy regarding monitoring, employers may check on employee behaviour Considered unethical not to inform employees that management will monitor behaviour

13. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Dismissal: Reasonable Pay or Pay in Lieu of Notice Eases employee’s transition into new employment Notice period determined by Employment Standards Legislation and by the courts Employees may sue for wrongful dismissal to appeal length of notice period

14. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Dismissal: Determining Just Cause Adequate warning of consequences Reasonable rules Fair investigation of violation Definite proof of worker wrongdoing Similar occurrences handled in same manner Penalty in line with seriousness of offence

15. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Dismissal: Good Faith and Fair Dealing Courts hold organizations accountable for treating employees with respect during dismissal process May impose additional damages if organizations act in bad faith

16. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Dismissal: Constructive Discipline Employer unilaterally changes conditions of employment Employee need not accept new positions

17. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Factors to Consider when Disciplining Seriousness Duration Frequency and nature Extenuating factors Degree of socialization History of discipline practices Management backing

18. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Disciplinary Guidelines Corrective, not punitive Use progressive discipline Follow hot-stove rule

19. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd The Progressive Discipline Process

20. HUMAN RESOURCES MANAGEMENT Templer Cattaneo De Cenzo Robbins John Wiley & Sons Canada, Ltd Steps to Positive Discipline 1. Oral Reminder-- 1. Oral Reminder -- Identify causes of problem and ways to fix it before it grows 2. Written Reminder -- 2. Written Reminder -- Reinforces oral reminder; adds timetable and consequences 3. Decision-Making Leave -- 3. Decision-Making Leave -- Time off from work to make a choice to correct behaviour or separate from company