Transcript Employee Stakeholders and Workplace Issues

Employee
Stakeholders
and Workplace
Issues
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Human Resources Department of Canada:
http://labour-travail.hrdcdrhc.gc.ca/index.cfm?fuseaction=english
© 2005 by Nelson, a division of Thomson Canada Limited.
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Chapter Fifteen Objectives
• Identify the major changes in the workforce today
• Outline the characteristics of the new social
contract
• Explain the employee rights movement
• Discuss the notion of just cause
• Discuss the right to due process and fair treatment
• Describe companies action for a friendlier
workplace
• Elaborate on the freedom-of- speech issue and
whistle-blowing
© 2005 by Nelson, a division of Thomson Canada Limited.
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Chapter Fifteen Outline
• The New Social
Contract
• The Employee Rights
Movement
• The Right Not to Be
Fired Without Cause
• The Right to Due
Process and Fair
Treatment
• Freedom of
Expression in the
Workplace
• Whistle Blowing
• Summary
© 2005 by Nelson, a division of Thomson Canada Limited.
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Introduction to Chapter Fifteen
• Consider how global competition has
reshaped the social contract between
organizations and their workers
• Consider the trend of expanding employee
rights
© 2005 by Nelson, a division of Thomson Canada Limited.
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The New Social Contract
Business
Organization’s
Expectations
Understandings
© 2005 by Nelson, a division of Thomson Canada Limited.
Employee’s
Expectations
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Social Contract
Reasons for the Change in the
Social Contract
• Global Competition
• Technology advances
• Deregulation
© 2005 by Nelson, a division of Thomson Canada Limited.
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Social Contract: Changes
Old Social Contract
New Social Contract
Job security
Few tenure arrangements
Life careers with one employer
Few life careers; changes common
Loyalty to employer
Loyalty to self
Paternalism
Relationships
Sense of entitlement
Personal responsibility for one’s
job future
Stable, rising income
Pay for “value added”
Focus on individual
accomplishments
Focus on team building and
projects
© 2005 by Nelson, a division of Thomson Canada Limited.
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Employee Rights Movement
For nonunion workers, employee rights issue
continues to be a problem . . . the desire to
be treated with dignity and respect, to have a
right to due process,
privacy, freedom of speech, and
safety, and even a right to a job.
© 2005 by Nelson, a division of Thomson Canada Limited.
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Employee Rights Movement
Sources of Employee Rights
• Statutory rights
• Collective bargaining rights
• Enterprise rights
© 2005 by Nelson, a division of Thomson Canada Limited.
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Employee Rights Movement
Models of Management Morality and
their Orientation Toward Employees
Moral
Amoral
Immoral
End
Law
Means
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Right Not to be Fired Without
Just Cause
Employment-at-Will Doctrine
• Public policy exceptions
• Contractual actions
• Breach of good faith actions
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Right Not to be Fired Without Just
Cause
Management’s Response
1.
2.
3.
4.
Obey the law
Investigate all complaints in good faith
Deal in good faith with employees
Fire only for good cause
© 2005 by Nelson, a division of Thomson Canada Limited.
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The Right to Due Process
Types of Due Process
• Substantive due process
– Right to fair treatment
• Procedural due process
– Right to a fair system of decision making
© 2005 by Nelson, a division of Thomson Canada Limited.
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Alternative Dispute Resolution:
Ethical Ways for Due Process
Hearing procedure—permits employees to be
represented by attorney or neutral party
Peer Review Panel—Fellow
workers in the same job family and
at a grade level equal to or higher
than the employee with a grievance
Ombudsperson—A “troubleshooter” investigates and helps
achieve equitable settlements for employee complaints
© 2005 by Nelson, a division of Thomson Canada Limited.
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Whistle Blowing
Corporat
e
Employer
Corporat
e
Employer
(Has certain
rights)
Employe
e
Loyalty
Obedience
Confidentiality
Responsibility
Responsibility
Employe
e
Public
(Has certain
rights)
Whistle blowing
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(Has certain
rights)
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Consequences of WhistleBlowing
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•
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•
More stringent criticism of work
Less desirable work assignments
Pressure to drop charges against company
Heavier workloads
Loss perquisites
Exclusion from meetings previously attended
© 2005 by Nelson, a division of Thomson Canada Limited.
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Whistle-Blowing
Seven Stages of Life as a Whistle-Blower
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•
•
•
•
Discovery of the organizational abuse
Reflection on what action to take
Confrontation with superiors
Probable Retaliation
Long haul of legal action
Termination of the case
Going on to a new life
© 2005 by Nelson, a division of Thomson Canada Limited.
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Whistle-Blowing
Examples of Government Protection
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•
•
•
Environmental Protection Act
Labour Code
Competition Law
Human Rights Code
© 2005 by Nelson, a division of Thomson Canada Limited.
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Management’s Preemptive
Responses to Whistle-Blowing
• Employees should believe that firms will not
interfere with their basic political freedoms.
• Grievance procedures should exist so
employees have a procedure for complaints
and not “blow the whistle.”
• Review the organization’s concept of social
responsibility so that it is not simply, giving to
charity.
© 2005 by Nelson, a division of Thomson Canada Limited.
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Management’s Preemptive
Responses to Whistle-Blowing
• Recognize formally, respect for the
conscience of employees
• Realize that dealing harshly with whistle
blowing can result in adverse public reaction
© 2005 by Nelson, a division of Thomson Canada Limited.
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Selected Key Terms
• Alternative dispute
resolution
• Contractual rights
• Due process
• Employee
constitutionalism
• Employee rights
• Hearing procedure
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© 2005 by Nelson, a division of Thomson Canada Limited.
Implied contracts
Ombudsperson
Open-door policy
Peer review panel
Private property
Social contract
Statutory rights
Whistle-blower
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