Deck 13: Employee Rights and Discipline

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

Mediation is a formal process resulting in compromise.

Question 5

Employees have statutory rights that are derived from contracts.

Question 6

A peer-review system,also called a "complaint committee," is composed only of people whose jobs are similar to the person appearing before the board.

Question 7

Alternative dispute resolution (ADR)is a relatively recent development utilized in non-union workplaces.

Question 8

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 9

Organizations are required by law to comply with ethical guidelines.

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

HR departments strive to ensure ethical treatment of employees by communicating the organization's values and communicating and enforcing standards throughout the organization.

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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

Question 22

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 23

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

Question 24

When applying either progressive or positive discipline,it is important to maintain complete records of each step of the procedure.

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

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

Question 30

The Juniper Corporation wishes to establish an alternative dispute-resolution procedure that will provide a sense of justice for employees.A peer-review board would offer this benefit.

Question 31

With an open-door policy,decisions tend to be consistent across managers.

Question 32

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

Question 33

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

Question 34

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

Question 35

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

Question 36

An ombudsperson solves problems through negotiation and mediation activities between supervisors and subordinates.

Question 37

Dismissal is the final disciplinary action.

Question 38

Peer-review boards consist only of people whose jobs are similar to that of the person appearing before the board.

Question 39

An ombudsperson helps management by providing a check on itself.

Question 40

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

Question 41

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

Question 42

Ethics can be defined as a set of standards of acceptable conduct and moral judgment.

Question 43

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

Question 44

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

Question 45

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 46

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 47

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

Question 48

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

Question 49

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 50

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 51

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

Question 52

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 53

Step-review systems involving non-union employees are very similar to grievance procedures used in union contracts.

Question 54

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 55

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 56

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 57

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 58

Claire is concerned that her performance evaluations were incorrectly entered into her personnel file.Which of the following pieces of legislation provides for Claire to ask her employer to see her personnel file?

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

Question 59

Whatever the reason for dismissal,it should be done with primary concern for the organization.

Question 60

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 61

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 62

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 63

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

A)the organization's disciplinary system
B)employees' benefits
C)employees' perceptions of ethical behaviour by leaders
D)the strategy of the organization

Question 64

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 65

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 66

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

Question 67

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 68

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 69

In a unionized organization,it is generally expected that employers will follow the procedures laid out in which of the following before they dismiss an employee?

A)challenges through the courts
B)government investigations
C)the grievance process
D)job evaluations

Question 70

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 71

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 72

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 73

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 74

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 75

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

Question 76

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 77

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 78

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 79

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 80

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