Deck 13: Employee Rights and Discipline

Question 1

In British Columbia, members of the provincial parliament (MPPs) voted to implement new anti-bullying rules for workplaces. What type of employment law does this represent?

A) ethical law
B) statutory legislation
C) anti-discrimination law
D) common law

Answer 1

B

Question 2

Bob Parker's employer has moved him to a job that is three to four levels below his previous position; it also pays much less. He has been advised by his lawyer that he can challenge this decision in the courts. What do you think Bob will claim happened to him?

A) lack of due process
B) constructive dismissal
C) termination
D) wrongful dismissal

Answer 2

B

Question 3

John was dismissed by his organization after he was caught on live TV cameras making racist and sexist comments after a soccer game. If he challenges his dismissal in courts, what would the employer have to prove, among other things, to successfully argue its case?

A) that John usually does the same at work
B) that John caused damage to the reputation of the organization
C) that John is not a good employee
D) that John was not given permission to attend the game

Answer 3

B

Question 4

After an investigation by the relevant bodies, it was found that Darren, who works in a unionized organization, was dismissed without just cause. Who can order reinstatement after an investigation?

A) an arbitrator
B) a mediator
C) a conciliator
D) Darren's lawyer

Question 5

Which of the following is an example of an employee's statutory right?

A) a collective bargaining agreement
B) the implied contract
C) the right to due notice
D) employment standards legislation

Question 6

ABC Corporation induced engineers to leave their old jobs through the promise of better benefits. However, when the engineers started to work for ABC, the company denied making any promises to them. Through its behaviour, what has ABC likely violated?

A) implied contract rules
B) Its code of conduct
C) the job-as-right concept
D) implied covenant rules

Question 7

Assume that the governing political party does not like how some employers have been taking advantage of a loophole in the law to pay women discriminatory wages and it wants this situation corrected. What should the government do?

A) introduce a motion in the legislature to amend the legislation
B) ask women to challenge their employers in court
C) call the judges and instruct them to change their decisions
D) appeal to the cases to the International Labour Office

Question 8

What is another term for "case law"?

A) legal principles
B) common law
C) statutory law
D) trade union law

Question 9

Under the employment-at-will concept, who can terminate the employment relationship?

A) employees, unions, or employers
B) employers or the government
C) employees or employers
D) employees or the government

Question 10

What is another term used to describe a body of decisions from court cases that has developed over time?

A) common law
B) court law
C) judicial law
D) statutory law

Question 11

Which of the following conditions must be met for an employer to summarily dismiss an employee in a non-union environment for off-duty conduct?

A) The employer would have to prove that its interests are adversely affected by the conduct.
B) The employee must be employed on a full-time basis.
C) The employer must have a good human resource management department in place.
D) The employee cannot be from a minority group, as this would be discrimination.

Question 12

The courts have ruled that employers can monitor the computer use and Internet access of employees when they are at work. What is a key reason the courts give for this?

A) Employers need to protect themselves against lawsuits.
B) It is integral to the implied employment contract.
C) Organizations need this right so as to compete globally.
D) The employer owns the computer.

Question 13

What is a common reason why dismissed employees tend to accept minimum statutory rights for notice of termination rather than better outcomes sometimes provided through implied contractual rights?

A) because employees get access to their accrued benefits
B) because it can be expensive and time consuming to challenge the employer
C) because employees often lose these cases in courts
D) because it is the law

Question 14

The HR manager at Stacco Ltd. is planning to fire Paul for poor job performance. He is aware that he has to give "reasonable notice" to Paul. What are two factors that he has to consider when determining the amount of notice?

A) Paul's salary and the amount of leave previously taken
B) Paul's length of service and the nature of his work
C) Paul's education and position in the firm
D) Paul's education and length of service

Question 15

Which of the following is a key characteristic of an implied employment contract?

A) It is valid only if in writing.
B) It contains terms that judges read into employment contracts when the written contract does not expressly deal with the matter.
C) It exists after an employee passes his or her probation period.
D) It covers approximately 90 percent of the Canadian workforce.

Question 16

Pay equity legislation an example of what type of law?

A) statutory law
B) common law
C) case law
D) collective bargaining

Question 17

Johnny Damon, the human resource manager at Damon Electric Utility, wants to reduce the pay for one of his employees. The pay is included in the employee's employment contract. How can Mr. Damon legally change the employee's pay?

A) get the employee to agree to the change and provide a new benefit
B) adjust the pay unilaterally, as Mr. Damon is the human resource manager
C) get a lawyer to make the change
D) get top management to make the change

Question 18

In which of the following scenarios can an employer summarily dismiss an employee in a non-union environment for his or her activities outside of the workplace?

A) The employee talks to fellow workers about the possible benefits of a union in the workplace.
B) The employee has a fight with someone at a bar.
C) The employee discloses confidential information on a personal blog.
D) The employee attends a press conference hosted by the union.

Question 19

In which environment would a progressive discipline system most likely exist?

A) a unionized firm
B) a small, non-union firm
C) a large, non-union firm
D) a consulting firm

Question 20

Tammy Faye, a university student, is doing research on cases decided by the Supreme Court on employee dismissals for theft. Which of the following regimes of employment law is Tammy researching?

A) criminal law
B) civil law
C) statutory regulation
D) common law

Question 21

What is a key difference between a step-review process of dealing with employee complaints in nonunionized workplaces versus a grievance procedure in a collective bargaining agreement?

A) A step-review process allows for better outcomes for both sides.
B) Step-reviews do not provide for a neutral third party as a judge of last resort.
C) A grievance procedure generally allows for a legal strike by employees.
D) Step-reviews lead to less workplace conflict.

Question 22

In a typical progressive discipline program, what step immediately precedes the termination of the employee?

A) suspension
B) formal discussions
C) a "pre-warning"
D) a written warning

Question 23

In regard to the documentation in employee disciplinary cases, what is the most significant cause of inadequate documentation?

A) The courts have ruled that documentation be limited.
B) Organizations do not want to spend too much money for documentation.
C) Managers do not have enough time to do the documentation.
D) Managers have problems understanding what good documentation is.

Question 24

What is the key purpose of the investigative interview with an employee in a disciplinary case against him or her?

A) to train HR managers with their investigative skills
B) to give the employee an opportunity to explain his or her actions and behaviours in the case
C) to ensure that there is a recording of the interview for the courts if the employer is challenged
D) to get the police involved early in the case

Question 25

British Columbia Gold Inc. is planning to implement an open-door policy to deal with employee complaints. Which of the following is a key criterion for this policy to be successful?

A) Managers must ensure that employees come to them only with job-related concerns.
B) Managers must encourage employees to voice their complaints and listen honestly to those concerns.
C) Managers must formalize the procedure and encourage employees to "start at the top."
D) Managers must emphasize that they can offer solutions only on an advisory basis.

Question 26

Mary has been given a reminder to self-evaluate her actions in a recent disciplinary case against her. What type of disciplinary procedure is the most likely being used here?

A) progressive discipline
B) positive discipline
C) step-review discipline
D) cooperative discipline

Question 27

ABC Inc. has a disciplinary system whereby its programs are designed to motivate an employee to correct his or her misconduct voluntarily. What type of disciplinary program is ABC Inc. most likely using?

A) a self-help program
B) a progressive discipline program
C) a hot-stove program
D) a positive discipline program

Question 28

Using a positive discipline approach, which of the following is the best reason for giving an employee a paid decision-making leave?

A) It gives an employee time to consider a new job offer.
B) It is often used to allow an organization to start the process of finding a replacement employee.
C) It is mandatory because of the law.
D) It gives an employee time to consider whether he or she wishes to remain with the organization

Question 29

What is the foundation of an effective disciplinary system?

A) well-informed managers
B) setting of organizational rules
C) well-informed employees
D) an effective punishment system

Question 30

Which of the following best describes alternative dispute resolution mechanisms?

A) They are used only in unionized organizations.
B) They will likely replace the need for grievance procedures.
C) They are used in nonunion organizations.
D) They are forms of progressive discipline.

Question 31

In a disciplinary case against Mandy, her employer has set up a committee to hear the case. The committee includes two of Mandy's coworkers and two management personnel. What type of disciplinary process is most likely being used here?

A) a peer-review system
B) a positive discipline system
C) an expedited review system
D) a grievance procedure

Question 32

Where should termination meetings with employees be held?

A) at the employee's workstation
B) in a neutral location, such as a conference room
C) outside the employer's premises
D) in the HR manager's office

Question 33

The human resource manager has invited Tammy for a meeting to discuss reports of her misconduct. The two parties will have joint discussion and problem-solving activities to address and overcome any proven misconduct. What type of disciplinary program is evident here?

A) an open-door discipline program
B) a nondirective discipline program
C) a positive discipline program
D) a progressive discipline program

Question 34

What is the term for discipline programs designed to motivate an employee to correct his or her misconduct by taking responsibility for his or her actions?

A) hot-stove programs
B) progressive discipline
C) respect-discipline programs
D) positive discipline

Question 35

In a nonunion workplace, which of the following complaint processes is most similar to a grievance procedure in a collective agreement?

A) step-review system
B) open-door management system
C) at-will complaint process
D) peer-review system

Question 36

The step-review procedure in non-unionized organizations is similar to which of the following disciplinary approaches?

A) collective bargaining
B) hot-stove discipline
C) positive discipline
D) progressive discipline

Question 37

What is a key objective for employers in using a peer-review process in disciplinary cases with employees?

A) to avoid costs incurred in court cases
B) to help train HR managers for tribunal hearings
C) to get evidence for the courts in the event that dismissals are challenged by employees
D) to give employees a sense of justice

Question 38

What is another term for positive discipline?

A) non-punitive discipline
B) progressive discipline
C) cooperative discipline
D) non-regulated discipline

Question 39

Which of the following is a key problem with open-door polices in settling employee complaints?

A) The problems are often delegated to the supervisory level.
B) The meetings usually lead to toxic environments.
C) Too many lawyers get involved.
D) Workers are reluctant to approach managers with their complaints.

Question 40

The University of Lalaland has decided to move to a new system in dealing with employee complaints. It has hired a retired judge whose job is to listen to employees' complaints and then try to seek solutions through negotiation and mediation. What is the most likely title of this person's job?

A) complaint officer
B) hearing judge
C) arbitrator
D) ombudsperson

Question 41

Scenario 13.2
Woodbridge Group Inc. (WG), a Canadian consultancy firm, is having a hard time keeping all its employees as a result of the last recession. Most of its clients are based in the United States, and tighter restrictions there have led to some clients severing business ties with WG. With the loss of business, the company claims it cannot afford to continue paying employees even though the company is still profitable. Management is planning to let some of them go, and plans to give them four weeks' pay in lieu of notice. While these employees are not unionized, they do have contracts that entitle them to fixed numbers of weeks worked for each year they have been with WG.
Refer to Scenario 13.2. If WG terminates the contracts as planned and employees sue for wrongful dismissal, which of the following does NOT play a role in the judge's decision to award reasonable notice?

A) the employee's age and availability of similar employment given the employee's experience and training
B) the employer's ability to pay
C) the nature of the job performed by the employee
D) the length of service with the employer

Question 42

What is the relationship between organizational ethics and the law?

A) They mean the same thing.
B) Ethics go beyond the law.
C) Law goes beyond ethics.
D) Neither is relevant for organizations.

Question 43

Wrongful dismissal is a lawsuit filed in a court by an employee alleging that he or she was dismissed without proper contractual or reasonable notice.

Question 44

Implied contract terms are terms that judges read into employment contracts when the written contract does not expressly deal with the matter.

Question 45

In law, negligence is the failure to honour established contracts.

Question 46

Scenario 13.2
Woodbridge Group Inc. (WG), a Canadian consultancy firm, is having a hard time keeping all its employees as a result of the last recession. Most of its clients are based in the United States, and tighter restrictions there have led to some clients severing business ties with WG. With the loss of business, the company claims it cannot afford to continue paying employees even though the company is still profitable. Management is planning to let some of them go, and plans to give them four weeks' pay in lieu of notice. While these employees are not unionized, they do have contracts that entitle them to fixed numbers of weeks worked for each year they have been with WG.
Refer to Scenario 13.2. WG wants to avoid being sued for wrongful dismissal as it may cost the company more than what is stipulated in the contract. Which of the following is NOT accurate?

A) Nonmanagerial employees may be entitled to up to 12 months' notice.
B) Managerial employees may be entitled to as much as 24 months' notice.
C) An employer needs just cause to terminate a nonunionized employee.
D) Legal and court fees can be very costly and potentially embarrassing.

Question 47

Employee rights are granted to workers by the courts, legislatures, and/or employers.

Question 48

Two different legal regimes govern the employment relationship: common law and statutory law.

Question 49

Which of the following processes involves the use of a third party to settle disputes and where the parties voluntarily try to settle the issue?

A) mediation
B) arbitration
C) court orders
D) strikes

Question 50

Constructive dismissal occurs when an employer unilaterally changes an employee's working conditions such that compensation, status, or prestige is reduced.

Question 51

Which of the following processes involves the use of a third party to settle disputes and where the parties are bound by the decision?

A) mediation
B) arbitration
C) conciliation
D) strikes

Question 52

Obligation of the employer to maintain a safe workplace is an implied employment contract.

Question 53

Employees are rarely successful when they attempt to sue employees for wrongful dismissal.

Question 54

Scenario 13.1
The Beer Pitt Inc. is a Canadian brewery that distributes premium lager beers across the country. Over the years, the company has been having problems with employees drinking on the job, resulting in arguments, fights, and back-ups on the production line. Because employees are unionized, it has always been difficult to determine that drinking on the job is the cause of the problems the company is experiencing since these problems have been occurring for decades. Recently, however, an employee was injured. The HR department wants to develop and implement new sets of disciplinary policies and procedures to help curb these problems.
Refer to Scenario 13.1. The Beer Pitt must document all misconduct. Which of the following is NOT true about the completeness of the information?

A) names of witnesses to the incident are not needed
B) behaviour exhibited by employees need not be included
C) consequences for action or behaviour are not important
D) date, time, and location of the incident are not important

Question 55

Scenario 13.2
Woodbridge Group Inc. (WG), a Canadian consultancy firm, is having a hard time keeping all its employees as a result of the last recession. Most of its clients are based in the United States, and tighter restrictions there have led to some clients severing business ties with WG. With the loss of business, the company claims it cannot afford to continue paying employees even though the company is still profitable. Management is planning to let some of them go, and plans to give them four weeks' pay in lieu of notice. While these employees are not unionized, they do have contracts that entitle them to fixed numbers of weeks worked for each year they have been with WG.
Refer to Scenario 13.2. Either the employer or the employee can terminate the employment contract. What does WG need to do to avoid expensive lawsuits for wrongful dismissal?

A) pay employees what the company can afford
B) pay only the amount stipulated by employment standards legislation
C) allow the court to decide what is reasonable notice
D) provide employees with the amount of notice specified in the contract

Question 56

Which of the following is a major weakness of an open-door policy of settling grievances in the workplace?

A) Managers tend to be too busy to use this policy.
B) The courts have ruled that open-door policies are legally questionable.
C) It is generally too expensive for organizations to use.
D) Workers are reluctant to approach managers with their complaints.

Question 57

Scenario 13.1
The Beer Pitt Inc. is a Canadian brewery that distributes premium lager beers across the country. Over the years, the company has been having problems with employees drinking on the job, resulting in arguments, fights, and back-ups on the production line. Because employees are unionized, it has always been difficult to determine that drinking on the job is the cause of the problems the company is experiencing since these problems have been occurring for decades. Recently, however, an employee was injured. The HR department wants to develop and implement new sets of disciplinary policies and procedures to help curb these problems.
Refer to Scenario 13.1. Which of the following accurately represents some of the steps in the disciplinary model that the Beer Pitt needs to implement?

A) violation of rules, collective agreements, investigation, documenting the results
B) violation of rules, investigation of offences, disciplinary interviews, progressive
Discipline
C) intoxication, insubordination, gambling at work, smoking in authorized places
D) due process, burden of proof, ensuring compliance

Question 58

The employment-at-will doctrine states that either the employee or the employer may terminate the employment relationship for any reason.

Question 59

Employees have statutory rights that are derived from contracts.

Question 60

Scenario 13.1
The Beer Pitt Inc. is a Canadian brewery that distributes premium lager beers across the country. Over the years, the company has been having problems with employees drinking on the job, resulting in arguments, fights, and back-ups on the production line. Because employees are unionized, it has always been difficult to determine that drinking on the job is the cause of the problems the company is experiencing since these problems have been occurring for decades. Recently, however, an employee was injured. The HR department wants to develop and implement new sets of disciplinary policies and procedures to help curb these problems.
Refer to Scenario 13.1. Assume that the Beer Pitt might be better off using positive discipline given that the company has allowed employees to behave this way for decades. Which of the following is NOT a focus of this approach?

A) employees take total responsibility for resolving the problems
B) nothing is imposed by management
C) all solutions and affirmations are made by management
D) nonpunitive discipline replaces threats and punishment with encouragement

Question 61

In an organizational setting, discipline should be viewed as an educational process rather than a punishment.

Question 62

The Personal Information Protection and Electronic Documents Act (PIPEDA) regulates collective bargaining.

Question 63

It is not necessary that the employee be given an opportunity to explain his or her side of the issue during the investigative interview.

Question 64

Managers have virtually unlimited discretion in taking disciplinary action against an employee.

Question 65

Documentation of employee misconduct includes stating the improvement expected by the employer.

Question 66

Positive discipline is based on a mutual problem-solving approach, but resolutions are still mandated by the HR department.

Question 67

The failure to document earlier actions often results in management not imposing disciplinary penalty when a transgression is committed.

Question 68

A major responsibility of the HR department is to develop, and to have top management approve, its disciplinary policies and procedures.

Question 69

Because personnel files are the employer's property, an employee may be barred from seeing his or her file.

Question 70

An example of a statutory right is an employee right to a safe workplace.

Question 71

The step between a verbal warning and termination in progressive discipline is the disciplinary interview.

Question 72

Management's failure to communicate rules to employees is one of the major reasons for reversing disciplinary action.

Question 73

In order to be effective, employee discipline must take place as soon as possible after the problem is verified.

Question 74

The primary responsibility for preventing or correcting disciplinary problems rests with the HR department.

Question 75

An employee's legal and moral rights to privacy are clear and well-defined.

Question 76

Increasing numbers of companies are regulating social media at work.

Question 77

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

Question 78

One of the major reasons for investigative interviews is to establish the facts surrounding an employee's offence.

Question 79

Disciplinary rules should be widely disseminated and known to all employees.

Question 80

The Personal Information Protection and Electronic Documents Act (PIPEDA) is federal legislation.