Knowing Employee and Employer Rights and Responsibilities - chap 9 Flashcards
(38 cards)
employee rights
refers to unbiased treatment from employers in their relationship
what is duty of care
Employers are expected to exercise a duty of care in the hiring and training employees. This became particularly evident during the COVID-19 pandemic.
Even with a safe and effective vaccine being widely available, many front-line workers in long-term care homes were refusing to be vaccinated, putting both other staff and residents at continued risk
statutory rights
rights that derive from legislation
include human rights which protect employees from discrimination
- Province Employment Standards
- labour relations laws (the right to form and belong to unions and to bargain for better working conditions)
- health and safety
contractual rights
derived from contracts, a legally binding agreement. If a party breaches the contract, a remedy can be sought through an appeal to the courts
Not all contracts are written. An implied contract can occur when an employer continues to employ someone after a fixed-term contract has ended.
Examples of implied contract binding
- Communicating to employees that, if they are loyal and do good work, their jobs are safe.
- Expressing in an employee manual that, if they are terminated, they have access to an appeal procedure (e.g., due process).
- Enticing someone to leave another organization by promising a better job and then not following through after the person is hired.
what is due process
Employee’s right to fairness in proceedings in the handling of an employment matter
- Ensuring that employees know the outcome of not meeting job expectations.
- Ensuring that managers consistently behave in a fair manner when dealing with an employment issue.
- Ensuring that any discipline is fact-based and that the employee can see the facts and ask questions about the facts.
- Ensuring that there is an avenue to challenge or question the discipline.
5.
are employee rights guaranteed
Employees may view jobs as a right, but there is no legal guarantee of permanent or continuous employment.
Due process does not ensure job security but does require management to act fairly and consistently.
Employees have the right to respectful treatment and sound employment practices.
In Canada, without a formal contract, employment is generally considered ongoing.
Employers must give reasonable notice and valid reasons for termination.
Employment law in Canada is based on both statutory and common (contract) law.
substance abuse and drug testing
Substance abuse in Canada costs nearly $46 billion in lost productivity and healthcare.
Human rights laws often treat substance abuse as a disability requiring accommodation.
Substance use is linked to poor mental health and negatively affects job performance, productivity, attendance, safety, and relationships.
Employers must ensure a safe, drug-free workplace to avoid liability.
Drug-testing legislation does not exist federally in Canada, but some companies use testing to reduce absenteeism and accidents.
employee privacy
Employees have no reasonable expectation of privacy if work rules allow for inspections.
Refusing a search may result in discipline for insubordination.
Employers should inform new hires about possible searches during orientation.
Improper searches can lead to privacy complaints or lawsuits (e.g., defamation, emotional distress).
PIPEDA
Personal Information Protection and Electronic Documents Act
PIPEDA requires that surveillance be reasonable.
Example: CBC lost an arbitration for invading an employee’s private messages without solid justification.
Surveillance can damage trust, so many employers are reconsidering its use.
Best practices for monitoring:
Involve stakeholders in selecting tools.
Be transparent about what and why.
Include both rewards and consequences.
Accept variability in performance.
Ensure monitoring doesn’t unfairly impact vulnerable groups.
Minimize monitoring where possible.
access ro employee files
Employment files typically include compensation, performance reviews, contact info, etc., and are often managed by HR or finance.
Employees have the legal right to access their own files under privacy legislation like PIPEDA.
Personal info cannot be used or shared without the employee’s prior knowledge and consent.
Consent must include info about:
* the data being shared
* purpose of use
* potential recipients
* international transfers
* security measures
Medical info is especially sensitive and must be accessed only when necessary by approved individuals.
Manitoba’s Employment Standards Code requires signed flextime agreements to be kept in employee files.
Organizations should have clear policies on maintaining and protecting employee files.
electronic privacy
employee conduct outside the workplace
management rights and responsibilities
Managers make key business decisions and have the right to hire or fire, but must now exercise these rights responsibly.
They act as legal representatives of the organization and bear related liabilities.
There is growing demand for social responsibility in how employees are treated.
Common issues include:
* Discrimination (gender, race, ability, age)
* Workplace health and well-being
* Fair compensation and benefits
* Support for diverse needs (e.g., daycare, flexible schedules)
Movements like the Truth and Reconciliation Commission and Black Lives Matter have amplified calls for equity.
Managers must respect employees’ legal and ethical rights in all workplace decisions.
disciplinary policies and procedures
Managers will carry out the policies; their experiences can contribute to more effective coordination and consistency of disciplinary action throughout the organization.
manager’s role in disciplinary actions
Managers should try to prevent or fix problems before using discipline.
A simple discussion is often enough.
If discipline is needed, use a problem-solving attitude, not a blaming one.
Understand the reasons behind the issue to prevent it from happening again.
Stay objective and focus on finding a solution, not just punishing.
Example: If an employee is often late, talk to them to understand why and help them improve.
setting expectations for employees
- Focus on objectives—at both the organizational and employee levels.
- Inform employees as soon as possible about the expectations—even during the onboarding process.
- Hold employees accountable for reaching goals.
- Provide regular and useful feedback.
- Understand each employee’s motivation.
- Make goals measurable.30
defining discipline
1) Punishment to train or correct, (2) a set of rules to regulate behaviour, or (3) a way to maintain compliance and self-control
Typical problems
- attendance
- being untruthful
- performance at work
- behaviour issues
disciplinary investigations
One of the most important things to do when considering discipline is to conduct a thorough investigation of the incident, including interviewing the employee and the employee’s manager.
The employee should have a chance to explain their side.
A quick, fair, and objective investigation is key.
This helps find out if the company might be partly at fault.
A careful investigation leads to fairer discipline decisions.
An approach to discipline
- determining that there is a need to discipline
- informing employee expectations
- confirming expectations regarding future behaviour
- determining that the employee has met expectations
- if further discipline is warranted, determining termination is next…
Documenting disciplinary action
Records must be accurate and complete from the start of the issue.
Helps prove that the employer had the right to discipline.
All formal discipline (e.g., warnings) must be in the employee’s file, not just personal notes.
Warnings should be in writing, with copies kept for a set time.
If no further issues occur, the warning can be removed.
If problems continue, records show a pattern.
progressive discipline
Rather, discipline must have as its goal the improvement of the employee’s future behaviour.
it is a process for dealing with job-related behaviour and/or actions that do not meet expected and communicated performance standards.
how many steps in progressive discipline
Meet and counsel the employee about the issue.
Give a verbal warning and set a timeline for improvement.
Send a written warning.
Suspend the employee for a few days.
Terminate employment if no improvement.
