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Disciplinary Action
supervisors/managers are responsible for addressing unacceptable behaviour in a consistent and
objective manner and to ensure that before disciplinary action is taken, the matter has been properly
investigated and the employee has been given an opportunity to present his/her side
o HR department is responsible for developing a disciplinary policy, obtaining management
approval and ensuring that the disciplinary actions taken by management representatives are
consistent with the policy, with collective agreements and current law
results of inaction regarding employee discipline can be viewed as an implied approval of the
unacceptable behaviour, which makes it more difficult to address down the road
o condemnation is considered a mitigating factor when deciding on disciplinary penalty, as its
existence makes it more to withstand an appeal or to successfully defend a wrongful dismissal suit
organizational rules are necessary for an effective disciplinary system, as they tell employees what
behaviour is expected of them
o rules provide an established standard against which behaviour can be judged
o important that rules are thoroughly communicated to employees
o failure to appropriate communicate rules can be a mitigating factor that may affect the severity of
the disciplinary action or weaken management’s position in a wrongful dismissal suit
goal of discipline is to obtain a change in behaviour, not to punish employees
o how you treat employees in a disciplinary situation is almost as important as what you decide to do
to address the behaviour
o management conduct can sometimes make the difference between winning and losing wrongful
dismissal suits as well as being able to successfully defend a charge of harassment from the
employee being disciplined
Positive Discipline
aka. “non-punitive” discipline
new approach focussing on the early correction of misconduct where the employee assumes full
responsibility for their conduct and job performance
here, the employee and supervisor work in a cooperative way and engage in joint discussions and
problem-solving to resolve problems at an early stage
note that this approach is based on giving reminders to employees rather than reprimands
TEXT
Evaluating Jobs
Organizations use job evaluation to determine the relative worth of jobs within their organizations
and places jobs in hierarchy, with the most valuable jobs being paid more
Job evaluation is important in that it establishes pay equity:
Job-Ranking System
o all jobs are simply ranked, generally by a committee of managers, employees and HR practitioners
into a hierarchy of jobs
Job Classification System
o used by the federal public service
o predetermined number of pay grades are established, with each grade requiring more skill, effort
and responsibility than the grade below it
o job is put into the right grade by comparing it to the description for that particular grade
Point System
o set of factors chosen that the organization will compensate jobs for (i.e. skill, effort, responsibility
and working conditions)
o each factor is divided into degrees and each degree has points allocated to it
o add the points together to get the level of the job
o most organizations who use this method develop their own manual on the process
Hay Profile
o bases the evaluation on 3 factors:
knowledge
mental activity
accountability
o often the most difficult to evaluate because of its complexity
o many companies use this method for management positions and to map out and align roles/jobs –
helps with the following objectives:
clarity in result areas and accountabilities in the processes of the organization
enabling salary and benefit grading or benchmarking due to standardization of job levels
improved succession planning or mobility within the organization
creation of more useful and focused job descriptions
o like the point system, it allocates points to each level of the factor
Work Valuation
o relatively new – evaluates work based on its value to the organization and its ability to meet its
objectives
o standards related to business items such as finances or customer service are set and the more the
job relates to these goals, the more value the job has to the organization
3. Know how unions organize, the steps in the collective bargaining process and understand
the impact of unionization
CHAPTER 14
Developing a Union
Labour relations process is a logical sequence of 4 events:
o workers desire collective representation
o union begins its organizing campaign which may lead to certification and recognition
o collective negotiations lead to a contract
o contract is administered
see below:
Steps in the Collective Bargaining Process – process of negotiating that includes the use of
economic pressures by both parties
Preparing for Negotiations
both labour and management negotiators collect data related to internal/external factors
o i.e. past grievances, disciplinary actions, labour agreements from competitors, current economic
conditions, past arbitration awards, data related to any other areas in which change is sought
negotiators often develop a “bargaining book” that serves as a cross reference file to determine which
contract clauses would be affected by a demand
o also contains a general history of contract terms and their relative importance to management
union will endeavour to negotiate a contract that provides workers with wages and benefits similar to
those enjoyed by workers doing similar/identical jobs elsewhere
composition and size of each side’s bargaining team will be affected by industry practice and
bargaining history
o often 4-6 members on each side
o management’s chairperson will likely be a fairly senior manager or labour relations manager
o management’s team may include representatives from various functional areas/departments
o union bargaining team will likely be composed of local union vice presidents, the chief steward, and
the president of the local union or business agent
Developing Strategies
each side attempts to anticipate demands from other side and how strongly they will push for the
demands
each side can prepare written descriptions of demands, outlining limits of acceptability
union usually asks for more than it hopes to gain and management offers less
at a minimum, employers’ bargaining strategy must address the following:
o potential union proposals and management’s responses to them
o listing of management demands, limits of concessions and anticipated union responses
o development of database to support management bargaining proposals and to counteract union
demands
o contingency operating plan should employees strike
each bargaining situation is unique as there are several variables at work:
o economic conditions
o personalities of negotiators
o competitive pressures on organization
o current set of bargaining demands
experience of negotiators plays a huge role in how smoothly (or not) the negotiations progress
Employees:
comply with government legislation and employer/H&S safety rules and regulations
report hazardous conditions/defective equipment, or suspicions of hazards to a supervisor
wear appropriate protective equipment
RIGHTS:
Employees:
right to refuse work if they believe conditions are unsafe or dangerous to their own health and safety
and that of another worker – without fear of reprisal
right to know about any potential hazards in the workplace
o right to be trained and have information on machinery/equipment, conditions, processes and
hazardous substances
o included in the Occupational Health and Safety Act – WHMIS system to inform employees
right to be part of the process of identifying and resolving workplace H&S concerns
o worker membership on JH&S committees or through serving as H&S representatives
Pension plans:
Contributory
o where contributions are made by both employee and employer
o most private corporations, federal public servants, etc.
Non-contributory
o where only the employee makes contributions
Defined benefit plan
o retirement benefit where the amount is based on a set calculation taking into account the
employee’s years of service, age at time of retirement, average earnings over a set period of time
Defined contribution plan
o profit sharing
o matching contributions from the employer
o employee and employer-sponsored RRSP plans
o size of pension is based on funds in the employee’s account at the time of retirement and the size
of the annuity that can be purchased with these funds
o plans aren’t predictable as defined benefit plan but are more popular because they are less
expensive
Vesting
o guarantee of accrued benefits to participants at retirement age regardless of employment status at
the time
o employees with at least two years service are locked in and can’t be revoked by employer
Pension funds
o trust plan – where the pension contributions are placed in a trust fund and administered by
trustees
o insured plan – where funds are used to purchase insurance annuities and funds are administered
by the insurance company from which the annuities have been purchased
Flexible benefits plans
o allow employees to choose those benefits that are best suited to individual needs
Staffing Internationally
employees from the home country who are on an international assignment
o expatriates, or home-country nationals
o i.e. Canadian working at a Canadian company assigned to work in Australia
employees who are natives of the host country
o host-country nationals
o i.e. Australian working at the Australian branch of a Canadian company
employees who are natives of a country other than the home or host country
o third-country nationals
o i.e. American working at an Australian branch of a Canadian company
host-country nationals are more likely to be used due to there not being a cost of relocation, there is
pressure to create local jobs, knowledge of local culture that facilitates business relations, and an
increase in longer term retention – clients tend to favour a company perceived to be “local”
Recruiting Nationally
recruitment subject to more government regulation abroad than in Canada
regulations range from those that cover:
o procedures for recruiting employees
o govern the employment of foreign labour
o require the employment of physically disabled, war veterans or displaced people
virtually all countries have work permit/visa restrictions
transnational teams
o composed of members of multiple nationalities working on projects that span multiple countries
differences between countries, i.e.:
o Canada – employers tend to hire on the basis of talent and merit
o other countries – family ties, social status, language and common origin
increasing number of organizations have begun considering an individual’s ability to adapt to different
environments
o i.e. many expatriates don’t succeed due to culture shock and the family’s inability to adapt
Compensation
different countries have different norms for employee compensation
o financial/non-financial forms of compensation/incentives have to be carefully thought out to ensure
that they are motivators in the particular culture in which they are going to be used
host-country employees are usually paid on the basis of productivity, time spent on job, or a
combination of both
o benefits frequently higher than in NA, but some industries in other countries require compensation
such as profit sharing
firms are trying to narrow the salary gap between the host-country manager and expatriate
o compensation plans must be competitive, cost-effective, motivating, fair, easy to understand,
consistent with international financial management, easy to administer and simple to communicate
expatriate compensation used by more NA companies is based on a “balance-sheet” approach (ensures
that the expatriate doesn’t lose financially in his/her international assignment) and is composed of four
elements:
o base pay
o cost of living adjustment
o incentive premiums
o assistance programs
Performance Appraisal
one of the biggest problems with managing individuals abroad relates to evaluating performance
o esp. when the successfully management style in the host country is radically different from the
home country, and the evaluator’s experience is confusing to the home country
distance complicates the situation where the evaluator is back in the home country – leads to criterion
deficiency (factors outside the individual’s control, like the evaluator not seeing their performance)
o challenges in that the manager/evaluator may have difficulty seeing how the individual is
contributing to the organization as a whole, as opposed to the local office
o to properly capture the full achievement of the expatriate employee during an assignment, the
performance criteria not only needs to include “hard” factors (i.e. market share and sales), but also
“soft” factors (i.e. representing the organization and building partnerships)
o best to base individuals’ appraisals on information from both home- and host-country evaluations