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UNIT 13 - Employee Rights.docx

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Administrative Studies
ADMS 2600
Monica Belcourt

ADMS 2600 March-12-14 UNIT 13 – EMPLOYEE RIGHTS Three Regimes of Employment Law  Common Law of Employment o Body of case law in which courts interpret employment contracts and the legal principles taken from cases that guide the interpretation of employment contracts o Implied contract law: terms judge read into employment contracts when the written contract doesn’t expressly deal with the matter (worth just as much as written laws) • Ex: employee will perform duties competently to advance employer’s economic interest  Statutory Law o Gives statutory rights which are legal entitlements that derive from government legislation o Default minimum amount of protection (ex: no employer can enter into a contract at a wage less than minimum wage)  Collective Bargaining & Arbitration Law o Allows for unions by empowering workers to join together and bargain a better contract o Collective agreement: employment contract between an employer and union that sets out terms of employments of a group of the employer’s employees represented by the union o Labour arbitrator: person assigned to interpret and decide disputes/grievances about the meaning, interpretation, and application of a collective agreement governing employees in unionized workplace o Common law doesn’t apply to unionized workforce Understanding Individual Employment Contract  Employees cannot be terminated without reasonable notice, unless there is just cause  3 types of termination notifications: o Advance notification (terminate at end of notice period) o Wage in lieu of notice 1 ADMS 2600 March-12-14 o Or a combination of the above  Termination notice must: o Be specific o Must be direct o Be clearly communicated and delivered to employee  Constructive dismissal: fundamental breach of contract, such as unilaterally changing key term of contract. Employee can treat this as a termination. Ex: demotion, lowered pay Rules Governing Dismissal  An employer doesn’t need to have a reason to dismiss a non-unionized employee but must give notice (unless there is summary dismissal – cause without notice)  Dismissal of non-union employee o Summary Dismissal: when a nonunion employer terminates an employee without notice because the employee has committed a serious breach of contract. o Wrongful Dismissal: A lawsuit files in a court by an employee alleging that he or she was dismissed without proper contractual or reasonable notice.  Dismissal of a unionized employee o Just Cause: the employer must document and prove serious misconduct or incompetence on the part of the employee Employee Privacy Rights  PIPEDA: Personal Information Protection & Electronic Document Act. Our right to control information about ourselves  Employers have the right to monitor email related to business purposes  To monitor or surveillance, there must be legitimate reasons or the employees can resist. If you will monitor, the policy should be publicized  Employees have the right to see personnel files: record of employee performance, career moves, manager’s perceptions  Employee Conduct outside the Workplace 2 ADMS 2600 March-12-14 o Organizations that want to discipline employees for off-duty misconduct must establish a clear relationship between the misconduct and its negative effect on other employees or the organization (ex: police acting disorderly on twitter) o An employee can be dismissed for something like blogging negatively about the company Investigating the Disciplinary Problem & Approaches to Discipline  Disciplinary policies and procedures Organization discipline policy  definition of discipline  violation of organizational rules  investigation of employee offence  disciplinary interview  progressive discipline  due process  just case  discharge Results of inaction aggravates a problem that eventually must be resolved Settings organizational rules Rules should be widely published, revie
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