CASE 4

Respecting employee rights and managing discipline

Employee rights

Categories of employee rights; statutory rights, contractual rights and other rights.

Statutory rights are rights protected by specific laws. One is the protection form discrimination based on race, sex, religion, national origin, age, handicap or other protected status. Contractual rights are based on the law of contracts. Other rights such as a right to ethical treatment and limited rights to free speech and privacy. Even though employees expect these rights they have no legal backup if they feel that these rights are violated.

Employer rights = management rights as rights to run a business and to retain any profits that result. Include the rights to manage the workforce and the rights to hire, promote, assign, discipline and discharge employees. Management rights are influenced by the rights of groups who have an interest in decisions made in the workplace. Employment at will is one of the most important employer rights. It is a common-law rule to assert their right to end their employment relationship whit an employee at any time for any cause.

Employee rights challenges; drug testing, electronic monitoring which management uses for to control theft, whistle-blowing when an employee discloses an employer´s illegal, immoral or illegitimate practices to persons or organizations that may be able to take corrective action, moonlighting which is holding a second job outside normal working hours and office romance.

Basic standards of discipline

The communication of rules and performance criteria. The employees should be aware of the rules and standards at their company and understand the consequences if violating them. Documentation of the facts. There should be a convincing amount of evidence to justify the discipline. Then there is the consistent response to rule violations. That discipline is administered consistently, predictably and without discrimination or favoritism.

Managing difficult employees

Poor attendance, poor performance, insubordination, workplace bullying and substance abuse which often lead to disciplinary actions. In these cases it is useful for the management to be patient, good judgment and common sense.

Case 4B

In the Receipt rage case it is a bit vague why the waiters use these racist names. I am sure that in restaurants or diners the tables are numbered so that they could be addressed that way as well. I´ve worked as a waitress and in customer service in general for almost ten years and I´ve felt that because of the manners of the companies i´ve worked at it has been easy to avoid these kind of accusations and misunderstandings between staff and customers. Firstly it would never come in my head to write nigger as a description of a customer. And at the moment while I am working at COS I feel that all of our routines and ways of serving the customer are there also for my protection to follow. Meaning that if there is a customer who is upset or angry about something I have the COS way of dealing the customer and some lines I can use and count on.

Case 4C

In Flint family case they come across with an unfair treatment in point of view of husband’s treatment and then the neglecting of a polluted water issue which causes long-term consequences to health and might be a lifelong bargain. Husbands treatment is also unfair and I can´t understand why he´s name can´t be connected with the case. Would think that everyone understand that a husband wants to support his wife´s battle.

Sources:

Managing Human Resources, Global Edition 2016 Gomez-Meja, Balkin, Cardy. 464-

Receipt rage: why food is being served with a side of hate. McCarthy, Sky. 28.8.2015. http://www.foxnews.com/food-drink/2015/08/28/receipt-rage-why-food-is-being-served-with-side-hate.html

Accessed 27.2.2018

Flint family says Navy is retaliating for speaking out about water crisis. Kaufman, Ganim. 30.11.2016. https://edition.cnn.com/2016/11/29/health/whistleblower-complaint-us-navy-flint/index.html

Accessed 27.2.