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ADMS 2600 Study Guide - Union Representative, Organizational Ethics, Eustress

Administrative Studies
Course Code
ADMS 2600
Monica Belcourt

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Chapter 13
1. Explain the different regimes that govern the employment relationship.
Answer: There are three regimes of employment law. The common law is a body of rules made by judges in the course of
interpreting employment contracts. Employment regulation is legislation enacted by governments to regulate the terms of the
employment contract and is enforced by administrative tribunal. Collective bargaining legislation and arbitration law includes
the rules that govern unionized employees. The employment contract for unionized employees is called a collective agreement
and it is interpreted and enforced by labor arbitrators, rather than courts.
2. Explain the difference between expressed and implied terms of employment contracts.
Answer: An employment contract between an employee and an employer may compromise expressed, written terms and a series
of “implied terms imposed by common law judges. Sometimes there are no written terms at all, in which case the contract is an
oral one that includes all of the implied terms judges have created over the years. A written term usually supersedes an implied
term, provided the written term does not violate a statutory minimum standard.
3. Explain the rules governing the dismissal of employees.
Answer: A non-unionized employer can dismiss an employee for reason it can provide it gives either the required contractual
notice or implied reasonable notices (as long as the reason for the dismissal is not prohibited by a statute.) It can also dismiss an
employee without notice, if the employee has committed a serious breach of contract. If they dismissal without notice, employee
can go to lawsuit. A unionized employer, on the other hand, usually needs to prove document and prove serious misconduct.
4. Identify and explain the privacy rights of employees.
Answer: PIPEDA provides employees some rights about the use of their personal information. Private issue at workplace,
employers should establish policies regarding privacy issues and wilder published. Employers have the right, under certain
conditions, to monitor the work of employees, including their use of e-mail and the Internet. Personal files need to be monitor
and delate un-proper information like age. Employee private issue outside the work place must establish as clearly negative effect
on other relationship between work and organization.
5. Explain the process of establishing disciplinary policies, including the proper implementation of organizational rules.
Answer: Organization discipline policy definition of discipline violation of organizational rules investigation of employee
offence disciplinary interview  progressive discipline  due process  just cause discharge
Result of inaction: failed to document, believe will receive little or no support, uncertain about the facts underlying the situation.
6. Discuss how to investigate a disciplinary problem.
Answer: discipline is tool to correct undeniable employee’s behavior. Asking question. The investigation of employee
misconduct begins with the proper documentation of wrongdoing. When managers are investigating employee problems they
need to know specifically the infraction of the employee, whether the employee knew of the rule violated, and any extenuating
circumstances that might justify the employee's conduct. When employees are to receive discipline, the rule must be uniformly
enforced and the past work record of the employee must be considered.

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7. Differentiate between the two approaches to disciplinary action.
Answer: The two approaches to discipline are progressive discipline and positive discipline. Progressive discipline follows a
series of steps based upon increasing degrees of corrective action. The corrective action applied should match the severity of the
employee misconduct. Positive discipline, based upon reminders, is a cooperative discipline approach where employees taking
the total responsibility for correcting the problem. The focus is on coping with the unsatisfactory performance and
dissatisfactions of employees before the problems become major.
8. Identify the different types of alternative dispute-resolution procedures.
Answer: Alternative dispute-resolution (ADR). A term applied to different types of employee complaint or dispute resolution
procedures. The most common forms of alternative dispute-resolutions (ADRs) are step-review systems, employee-supervisor-
department head- HR department top management. Peer-review systems, the use of hearing officers, the open-door system,
the ombudsman system, and the use of arbitration and Mediation.
9. Discuss the role of ethics in the management of human resources.
Answer: Ethics in HRM extends beyond the legal requirements of managing employees. Managers engage in ethical behavior
when employees are treated in an objective and fair way and when an employee's personal and work-related rights are respected
and valued.
1. What is progressive discipline? How does it differ from positive discipline?
Progressive discipline is the application of corrective measures by increasing degrees. The intent is to stop the undesired
behaviour using the minimum amount of corrective action necessary. In practice, progressive discipline starts as a low-key,
informal reminder and moves through several levels of more intensive measures until the behaviour is extinguished. If the
behaviour cannot or will not be altered, the progression ends at terminating the employee. In short, using progressive discipline
allows the employer several opportunities to correct undesired employee behaviour before terminating the employment
Positive discipline is similar to progressive discipline in that both methods involve a multistep approach to employee
discipline that favours early correction of problem behaviours. However, positive discipline differs in several ways. First, under
positive discipline, the employee has primary responsibility for resolving his or her behavioural problem. Second, positive
discipline involves a spirit of cooperation and problem solving rather than confrontation. Instead of being strictly punitive,
supervisors are expected to encourage and work with employees with performance problems. In sum, the positive discipline
relationship seems more like parental guidance than the adversarial relationship inherent in the progressive model.
2. What are some of the pros and cons of “open-door” policies?
On the positive side, open-door policies provide an avenue for employees to voice complaints about their work. Open-door
policies are especially useful when the subject of the complaint is an employee’s immediate supervisor. Moreover, complaints
made through an open-door program can provide valuable information to upper-level management.

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While open-door policies can work quite well, problems are not unusual under these programs. First, there may be large
differences in managers’ commitment to the policy. This situation creates doubt in the minds of employees. Second, some
employees may be reluctant to raise a complaint under this system. If an employee has concerns about the supervisors “hanging
together” against complainants, it is unlikely that he or she will issue a complaint. Furthermore, there may be inconsistencies
between managers in terms of their decisions. Perceptions of inequity and unfairness will prevent employees from using the
open-door system effectively. Finally, there are concerns that some managers do not listen honestly to employees who raise
complaints through this system.
3. Susan is a fast-track employee slotted for a vice-president position. Her next job assignment is a foreign position in a
South American country as director of your manufacturing division. Unfortunately, this position requires supervising foreign
male managers who are largely opposed to supervision by females. To not send Susan on this assignment would “short-step” her
promotion to vice-president, and possibly be viewed as discriminatory. How would you handle this ethical situation? Be specific.
To treat Susan in a fair and equitable manner, a sound decision would be to send Susan to the next job assignment in South
America. There are two primary issues involved in this decision. First, it is critical that managers comply with government
regulations to promote an environment free from discrimination. If a manager does not send Susan on the foreign assignment, he
or she could face the possibility of being accused of gender discrimination. As a consequence, her manager must provide Susan
with the same opportunities that would be provided to a male in her position.
Second, beyond what is required by the law is the question of organizational ethics. Ethics are defined as the set of standards of
acceptable conduct and moral judgment that provide cultural guidelines that help decide between proper and improper behaviour.
In this situation, the ethical decision is not an easy one to make because there are multiple cultures, countries, and ethical
standards involved. However, one possible solution to handling this situation would be to refer to the organization’s code of
ethics. Many organizations have their own code of ethics that governs relations with employees that may prove useful. Even if a
code of ethics does not exist, from an ethical perspective, it is important that Susan’s personal and work-related rights are
respected and valued.
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