Deck 13: Employee Rights and Discipline

Question 1

Bob Barker'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 1

B

Question 2

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 discloses confidential information on a personal blog
B) the employee has a fight with a neighbour
C) the employee talks to fellow workers about the possible benefits of a union in the workplace
D) the employee attends a union conference

Answer 2

A

Question 3

Which statement is NOT true regarding the Personal Information Protection and Electronic Documents Act (PIPEDA)?

A) Organizations covered by PIPEDA must obtain a supervisor's consent.
B) Individuals covered by this legislation have a right to access personal information held by an organization.
C) This legislation is applicable to all Canadians.
D) This legislation applies to personal information that is collected, used, or disclosed by an organization in the private sector.

Answer 3

C

Question 4

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

A) criminal law
B) common law
C) statutory regulation
D) Supreme Court law

Question 5

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 6

As a result of a lawsuit, the Gamma Corporation has decided to institute and communicate its disciplinary policies. Which of the following management groups has primary responsibility for the development of disciplinary policies and procedures?

A) middle management
B) the legal department
C) top-level management
D) the human resources department

Question 7

Which of the following describes an implied employment contract?

A) it is valid only if in writing
B) it covers approximately 90 percent of the American workforce
C) it exists after an employee passes his or her probation period
D) it can result from statements made in an employee handbook or HR policy manual

Question 8

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 9

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 10

What 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 11

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

A) a collective bargaining agreement
B) the Pay Equity Act
C) the right to due notice
D) the Implied Contract

Question 12

The Field Corporation wishes to establish an effective disciplinary policy. Which of the following groups of managers should have primary responsibility to prevent or correct disciplinary problems?

A) the immediate supervisors of employees
B) managers in the legal department
C) top-level managers
D) human resource managers

Question 13

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 14

In the Ontario legislature, members of the provincial parliament (MPPs)voted to increase minimum wage. What type of employment law does this represent?

A) precedence
B) anti-discrimination law
C) statutory legislation
D) political law, since MPPs are politicians

Question 15

Which of the following does NOT belong in the disciplinary model outlined in the text?

A) discharge
B) due process
C) negotiation
D) disciplinary interviews

Question 16

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

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

Question 17

Which of the following pieces of legislation provides for an employee to see his or her personnel file?

A) the Freedom of Information Act
B) the Personal Information Protection and Electronic Documents Act (PIPEDA)
C) the Right to Protect Privacy Act
D) the Employee Protection Act

Question 18

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

A) implied covenant rules
B) no laws-as long as there were no written guarantees, ABC cannot be held liable
C) the job-as-right concept
D) implied contract rules

Question 19

Based on the research evidence on summary dismissal cases, in which of the following scenarios does the employer stand the LEAST chance of winning in the courts?

A) an accountant is dismissed because of theft from the workplace
B) a clerk is dismissed because of insubordination
C) a manager is dismissed because he was found doing work for a competitor
D) a secretary is dismissed because of poor typing skills

Question 20

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

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

Question 21

What does a peer-review board consist of?

A) managers, subordinates, and a number of unbiased third-party participants who do not work for the employer
B) an equal number of supervisors and nonsupervisory
C) managers above the level of the supervisor whose decision is being appealed
D) employees at the same level as the appealing employee

Question 22

Assume that Rajas Cable Inc. uses a positive discipline system to correct undesirable employee conduct. In this system, which of the following actions will the firm take to deal with unacceptable performance?

A) warnings
B) reminders
C) reprimands
D) legal challenges

Question 23

What is the term for discipline programs designed to motivate an employee to correct his or her misconduct voluntarily?

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

Question 24

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 25

When a supervisor decides to dismiss an employee, which of the following suggestions should NOT be followed?

A) keep an open mind in case the subordinate offers an acceptable plan to correct his or her disciplinary problem
B) avoid mixing the good with the bad
C) keep the termination meeting businesslike and fairly brief
D) avoid bringing personal feelings into the discussion

Question 26

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

Question 27

Carmen, a new supervisor, wants to correctly document the ineffective performance of an employee. Which of the following would she NOT have to do?

A) prepare a current performance appraisal of the employee
B) list the negative performance or behaviour exhibited by the employee
C) note the date, time, and location of the misconduct
D) record the consequences of the employee's action on the work unit

Question 28

In regard to the documentation of employee misconduct, which of the following statements is NOT correct?

A) Most managers are trained to accurately document employee misconduct through their management training and/or development programs.
B) Documentation is admissible in the courts and in arbitration hearings.
C) Documentation should take place as soon as possible so as to keep the information accurate.
D) Poor documentation can result in a reversal of disciplinary action.

Question 29

Alberta Oil Corporation is planning to implement an open-door policy to deal with employee complaints. What is a key criterion for this policy to be successful?

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

Question 30

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

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

Question 31

Under a step-review appeal procedure, the last step involves which of the following employee groups?

A) human resources specialists
B) top management
C) a tribunal of middle managers
D) a jury consisting of equal numbers of supervisory and nonsupervisory employees

Question 32

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 33

Which of the following best describes alternative dispute resolution mechanisms?

A) They are a relatively recent development used only in unionized organizations.
B) They will likely replace the need for grievance procedures.
C) They are forms of progressive discipline.
D) They are a relatively recent development in non-union organizations.

Question 34

Which of the following best describes an open-door policy?

A) It identifies various levels of management above an employee's immediate supervisor that an aggrieved employee may contact.
B) It is based on a pre-established set of steps for the review of an employee complaint to successively higher levels of management.
C) It is a requirement of the alternative dispute resolution process.
D) It is the best resolution to any employee complaint by the HR department.

Question 35

Where should termination meetings be held?

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

Question 36

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 37

To keep organizational rules effective, employers should do all of the following EXCEPT which one?

A) ensure that employees understand the reasons for the rules
B) restate any rules that have not been enforced on a consistent basis
C) remove any rules that do not involve the safe and efficient operation of the organization
D) make certain that all rules are communicated orally to all employees

Question 38

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

A) It is mandatory because of the law.
B) It gives an employee time to consider whether he or she wishes to remain with the organization.
C) It gives an employee time to consider a new job offer.
D) It is often used to let an irate employee "cool off."

Question 39

In a non-union workplace, which of the following complaint processes is most similar to a grievance procedure under a union contract?

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

Question 40

After repeated instances of poor work performance, Robert was given a written warning. In a typical progressive discipline program, what is the most likely next step?

A) suspension
B) formal discussions
C) a verbal warning
D) termination of services

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 amounts 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 42

Employees have statutory rights that are derived from contracts.

Question 43

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 amounts 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 are usually 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 44

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 45

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

Question 46

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

Question 47

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

Question 48

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 amounts 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 49

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

Question 50

During her interview, Angela is told by her future manager that if she is a good worker she will have a permanent job with the company. Her manager has likely created an implied contract with Angela.

Question 51

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

Question 52

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

Question 53

In a recent Society for Human Resource Management study, which of the following factors was found to be the most important driver of employee trust and loyalty?

A) the existence of a code of conduct
B) perception of ethical conduct by fellow employees
C) perceptions of ethical behaviour by leaders in organizations
D) fair pay

Question 54

Which of the following is NOT a primary goal of ethics training?

A) to gain publicity
B) to gain a strategic advantage
C) to reduce unethical behaviour
D) to treat employees fairly and equitably

Question 55

It is standard practice for employers and contingent employees to utilize formal employment contracts.

Question 56

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 57

Which of the following is the cornerstone and major benefit of mediation?

A) It is a formal process and therefore easily undertaken.
B) The parties involved maintain control over the settlement outcome.
C) A mediator can quickly settle a dispute by declaring a resolution.
D) The mediator is a representative of management.

Question 58

According to a study cited in the text, what is the most important driver of employee trust and loyalty?

A) the profitability of the firm
B) pay that is higher than the market
C) employees' perceptions of ethical behaviour by leaders
D) the strategy of the organization

Question 59

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 60

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 61

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

Question 62

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

Question 63

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

Question 64

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

Question 65

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 66

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

Question 67

Canadians' privacy with respect to personal information is protected by federal legislation that came into effect January 1, 2001.

Question 68

Employees do not have the right to have an attorney present during an investigative interview.

Question 69

Employee rights issues frequently involve an employer's alleged invasion of an employee's right to privacy.

Question 70

The HR department is responsible for developing disciplinary policies and procedures.

Question 71

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

Question 72

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

Question 73

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

Question 74

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

Question 75

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

Question 76

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

Question 77

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

Question 78

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

Question 79

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

Question 80

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