Exam 9: Management Rights, employee Rights, and Discipline

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Briefly describe the employment protection rights.

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The Employment Protection Rights hold that because a job is extremely important to a person's welfare,an employer must exercise great caution when terminating employees so as to protect their rights.Central to these rights are the concepts of statutory rights,contractual rights,and due process.Under due process,employees may not be terminated unless management treats them fairly and equitably.While the contractual rights do not guarantee employees permanent jobs,they do restrict managerial discretion in the termination of workers.They also stipulate a number of hurdles that management must leap before firing employees,they state that either employer or employee may terminate the employment relationship at any time for almost any justified reason.In addition to contractual rights and due process,there are a number of statutes in Canada that place legal obligations upon employers in terms of fair treatment of employees.These statues are often administered outside the court system but lead to final and binding decisions that have the same enforcement powers as a court order.

The ABC Company wants to design an e-mail and voice mail policy.Which guideline should the company follow?

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C

In law,what is known as "failure to use a reasonable amount of care where such failure results in Injury to another person"?

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A

Alternative Dispute Resolution procedures include the step-review system;the behaviour anchored interview;and the open-door policy.

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How are many organizations now taking steps to protect employees from arbitrary and inequitable treatment from their supervisors?

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Scenario 9.1 Bob,the Manager of the Maintenance Department at City Hospital,has been busy preparing for year-end performance evaluations.He decides to pop into the office on the weekend to prepare the necessary paperwork for this week's staff evaluations. When Bob gets to the Maintenance shop there is no sign of Randy,who is supposed to be on shift,so he pages him.After being in his office for over an hour,Randy has still not arrived,and he has not responded to his pager.Bob starts to become concerned for Randy's safety and decides to go in search of him,floor by floor,starting in the basement where the majority of the plant services (furnace,electrical,water,etc. )are located. When Bob arrives at the basement of the hospital,he notices that the storage room door-which is usually locked-is slightly ajar.When he looks inside he sees Randy sleeping soundly on a makeshift bed he's formed out of some foam pieces,with a hospital blanket and pillow that he must have grabbed from the laundry room across the hall.Bob is very angry and shakes Randy awake.Randy appears startled,quickly regains composure,and says he wasn't sleeping but was simply resting his eyes.Randy has been working for Bob for four years.Bob wants to immediately fire Randy for his misconduct. -Please refer to Scenario 9.1.What is required if Bob decides to conduct an investigative interview?

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Employees are correct in assuming that their rights to privacy extend to e-mail and voice mail messages.

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What step immediately precedes the termination of the employee in a typical progressive discipline program?

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Supervisors and managers are expected to behave and act in ways that acknowledge that employees also have certain rights.

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To lessen the occurrence of lawsuits regarding implied employment contract,management may include in the employment offer a statement that the employee may voluntarily terminate employment with proper notice.

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What role or position in an organization is dedicated to listening to employees' complaints and then seeking solutions through negotiation and mediation?

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The ultimate goal of ethics training is to avoid unethical behaviour and adverse publicity.

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Employee rights on the job do not include those regarding drug testing and just-cause disciplinary procedures.

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Bill has been found guilty of theft,a termination offense.Before he is discharged,his manager must apply all the steps of progressive discipline.

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"Just cause" rules provide the basis for upholding discharges/dismissals.

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In order to protect itself against a wrongful dismissal suit,management needs to give only a verbal warning regarding the behaviour and poor performance level of an employee.

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Only a minority of Canadian employees are hired under an implied contract.

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In most step-review systems,the chief executive officer or HR director acts as the final authority whose decision is NOT subject to appeal.

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Which methods are commonly used by employers for electronic monitoring?

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Implied contract claims are limited to termination cases.

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