Deck 13: Employee Rights and Discipline

Question 1

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

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

Answer 1

C

Question 2

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

Answer 2

A

Question 3

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 take in consideration 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

Answer 3

B

Question 4

ATV Media Inc. wants to "send a message" that it is serious about employee misconduct, so the company has implemented a disciplinary approach that requires that punishment be immediate and a direct result of breaking a rule. Which of the following terms refers to this disciplinary approach?

A) progressive discipline
B) due process
C) the hot-stove rule
D) positive discipline

Question 5

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

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

Question 6

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 7

All of the following statements regarding the Personal Information Protection and Electronic Document Act (PIPEDA) are True, EXCEPT which one?

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.

Question 8

The courts have ruled that employers can monitor computer use and Internet access of employees when they are at work. Which of the following is a key reason suggested by the courts 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 9

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 10

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 11

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 12

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 13

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 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

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 they want 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 16

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 Document Act (PIPEDA)
C) the Right to Protect Privacy Act
D) the Employee Protection Act

Question 17

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 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

Bob Barker's employer has moved him to a job that is three to four levels below his current 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) due process not followed
B) constructive dismissal
C) termination
D) wrongful dismissal

Question 20

How should the hot-stove approach to rule enforcement be applied?

A) progressively, with justification, and by the HR department
B) only by the immediate supervisor, but with the concurrence of the HR department
C) with warning, immediately, consistently, and in an impersonal way
D) in a legal manner and consistent with applicable laws and/or court rulings

Question 21

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 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

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 24

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) do 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 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

In regard to the documentation of employee misconduct, which of the following statements is INCORRECT?

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 27

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 28

In which of the following scenarios can an employer summarily dismiss an employee in a nonunion 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.

Question 29

Which of the following conditions must be met for an employer to summarily dismiss an employee in a nonunion 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 30

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

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 31

In a nonunion 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 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 is NOT an organizational benefit of using arbitration to resolve an employer-employee discrimination complaint?

A) With arbitration, time delays can be avoided.
B) With arbitration unfavourable publicity can be avoided.
C) Arbitration does not involve anyone external to the organization.
D) Arbitration usually results in savings in litigation costs.

Question 34

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 35

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 36

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 37

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 nonsupervisors
C) managers above the level of the supervisor whose decision is being appealed
D) employees at the same level as the appealing employee

Question 38

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 39

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 nonunion organizations.

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

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

Question 42

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

Question 43

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

Question 44

Employees have statutory rights that are derived from contracts.

Question 45

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

Question 46

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

Question 47

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 48

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

Question 49

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

Question 50

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 51

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

Question 52

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

Question 53

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

Question 54

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

Question 55

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 56

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 57

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

Question 58

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 59

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

Question 60

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

Question 61

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

Question 62

Positive discipline is different from progressive discipline in that it is based on a "problem-solving" approach to discipline.

Question 63

Progressive discipline is designed to force an employee to improve his or her performance.

Question 64

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

Question 65

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

Question 66

Positive discipline relies on encouragement given to employees as a way to improve performance.

Question 67

The correct sequence of progressive discipline is as follows: (1) written warning, (2) oral warning, (3) suspension, and (4) discharge.

Question 68

One of the goals of discipline is that it should be seen as training that moulds and strengthens the desirable conduct-or corrects undesirable conduct-and develops self-control.

Question 69

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

Question 70

The Hot Stove Rule refers to waiting until both the employee and the manager "cool down" before ever taking disciplinary action.

Question 71

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

Question 72

Decision-making leave is typically paid leave, and eliminates the negative effects of loss of pay.

Question 73

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

Question 74

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

Question 75

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

Question 76

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 77

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

Question 78

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

Question 79

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

Question 80

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