CHAPTER 13 – EMPLOYEE RIGHTS AND DISCIPLINE

Three Regimes of Employment Law

The three legal systems that govern the employment relationship: common law, statutory regulation, and collective bargaining legislation

Common Law of Employment

The body of case law in which courts interpret employment contracts and establish legal principles that guide their interpretation

Statutory Employment Regulation

Government legislation that regulates the employment relationship and operates alongside or modifies common law

Collective Bargaining Legislation

Laws that allow workers to form unions, bargain collectively, and strike

Collective Agreement

An employment contract between an employer and a union that sets out the terms of employment for represented employees

Employment Contract

A legal agreement between an employer and employee outlining rights and obligations

Mutual Consideration

A requirement for a valid contract in which both parties receive some benefit from the exchange

Constructive Dismissal

Occurs when an employer fundamentally breaches the employment contract, such as by unilaterally changing a key term, allowing the employee to treat the breach as termination

Summary Dismissal

Termination without notice by a nonunion employer because the employee committed a serious breach of the employment contract; also called dismissal for cause

Wrongful Dismissal

A lawsuit filed by an employee claiming they were dismissed without proper contractual or reasonable notice

Just Cause

A valid reason required by most collective agreements before a unionized employee can be disciplined or dismissed

Dismissal of a Unionized Employee

Generally requires the employer to prove just cause for discipline or termination

Layoff

Termination of employment due to economic reasons, often regulated by collective agreements regarding selection and recall

Employee Privacy Rights

The rights employees have to a reasonable level of privacy in the workplace while balancing employer interests in productivity and security

Workplace Surveillance

Monitoring employees to ensure productivity, safety, and proper use of company resources

Monitoring Productivity

Methods such as tracking daily activities, communications, photographs, audio, and work performance

PIPEDA

The Personal Information Protection and Electronic Documents Act that regulates employers' collection and dissemination of employee information in federally regulated workplaces

Purpose of PIPEDA

To balance employer interests with employee privacy rights

Disciplinary Policies and Procedures

Rules and processes governing how employee discipline is administered within an organization

Progressive Discipline

The application of corrective measures by increasing degrees to address employee misconduct

Verbal Warning

The first stage of progressive discipline involving an oral warning to the employee

Written Warning

A formal written notice documenting employee misconduct or performance issues

Suspension

A temporary removal from work as a disciplinary measure

Demotion

Reduction in an employee's rank or position as a disciplinary action

Termination

Ending an employee's employment relationship with the organization

Employee Conduct Outside the Workplace

Behaviour occurring off duty and generally outside employer control

When an employee leaves work, they are no longer under the employer's

control.

Employee Conduct Outside the Workplace

Alternative Dispute Resolution (ADR)

Various procedures used to resolve employee complaints and disputes without formal litigation

 Open-Door Policy

Employees are encouraged to bring complaints or concerns directly to management

Ombudsperson

A neutral and independent person who receives complaints and helps resolve workplace disputes confidentially

Mediation

A dispute resolution process in which a neutral third party helps both sides reach a voluntary agreement

Arbitration

A dispute resolution process in which a neutral third party hears both sides and makes a binding decision

Employer Rights in Monitoring

Employers have a legitimate interest in ensuring employees are productive and workplaces remain safe

Duties of HR in Discipline

Developing disciplinary policies and obtaining approval from top management before implementation

Requirement for Discipline

Disciplinary action must be taken only for justifiable reasons and according to established policies and procedure