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Employee Stakeholder s and Workplace Issues

Human Resources Department of Canada: http://labour-travail.hrdc-drhc.gc.ca/index.cfm?fuseaction=english

2005 by Nelson, a division of Thomson Canada Limited.

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 2005 by Nelson, a division of Thomson Canada Limited. 2 issue and whistle-blowing

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
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2005 by Nelson, a division of Thomson Canada Limited.

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.

The New Social Contract

Business Organizations Expectations Understandings Employees Expectations

2005 by Nelson, a division of Thomson Canada Limited.

Social Contract
Reasons for the Change in the Social Contract
Global Competition Technology advances Deregulation

2005 by Nelson, a division of Thomson Canada Limited.

Social Contract: Changes

Old Social Contract
Job security Life careers with one employer Loyalty to employer Paternalism Sense of entitlement Stable, rising income Focus on individual accomplishments

New Social Contract

Few tenure arrangements Few life careers; changes common Loyalty to self Relationships Personal responsibility for ones job future Pay for value added Focus on team building and projects

2005 by Nelson, a division of Thomson Canada Limited.

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.

Employee Rights Movement

Sources of Employee Rights
Statutory rights Collective bargaining rights Enterprise rights

2005 by Nelson, a division of Thomson Canada Limited.

Models of Management Morality and their Orientation Toward Employees

Moral Amoral Immoral

Employee Rights Movement

End

Law

Means

2005 by Nelson, a division of Thomson Canada Limited.

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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

2005 by Nelson, a division of Thomson Canada Limited.

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Right Not to be Fired Without Just Cause

Managements Response 1. Obey the law
2. Investigate all complaints in good faith 3. Deal in good faith with employees 4. Fire only for good cause

2005 by Nelson, a division of Thomson Canada Limited.

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The Right to Due Process

Right to fair treatment

Types of Due Process

Substantive due process 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 employees procedure Hearing procedurepermits procedurepermits employees to to be be procedure
represented represented by by attorney attorney or or neutral neutral party party Peer Panel Peer Review Review PanelFellow PanelFellow Panel workers workers in in the the same same job job family family and and at at a a grade grade level level equal equal to to or or higher higher than than the the employee employee with with a a grievance grievance OmbudspersonA troubleshooter Ombudsperson OmbudspersonA troubleshooter investigates investigates and and helps helps Ombudsperson achieve achieve equitable equitable settlements settlements for for employee employee complaints complaints

2005 by Nelson, a division of Thomson Canada Limited.

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Whistle Blowing
Corporat Corporat e e Employer Employer
Loyalty Obedience Confidentiality

Employe Employe e e

Corporat Corporat e e Employer Employer

(Has certain rights)

Responsibility

Employe Employe e e

Responsibility

Public Public
(Has certain rights)

Whistle blowing

(Has certain rights)

2005 by Nelson, a division of Thomson Canada Limited.

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Consequences of Whistle-Blowing
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
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 17
2005 by Nelson, a division of Thomson Canada Limited.

Whistle-Blowing
Examples of Government Protection
Environmental Protection Act Labour Code Competition Law Human Rights Code

2005 by Nelson, a division of Thomson Canada Limited.

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Managements 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 organizations 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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Managements 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

2005 by Nelson, a division of Thomson Canada Limited.

Implied contracts Ombudsperson Open-door policy Peer review panel Private property Social contract
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