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Contractual Rights
Key Terms
Contractual Rights Rights based on a specific contractual
agreement between employer and employee.
• Just Cause
Reasonable justification for taking
an employment-related action.
• Constructive Discharge
An employer deliberately makes
working conditions intolerable for an
employee in an attempt to get (to
force) that employee to resign or
quit.
Due Process
• Due Process
The means used for individuals to explain
and defend their actions against charges or
discipline.
.
Third-party Dispute
Resolution
• Mediation
The use of an impartial neutral to reach a
compromise decision in employment
disputes
• Mediator
A third party in an employment dispute
who meets with one party and then the
other in order to suggest compromise
solutions or to recommend concessions
from each side that will lead to an
agreement.
Third-party Dispute
Resolution (cont’d)
• Arbitration
The use of an impartial neutral party
as decision maker to resolve an
employment labor dispute by
imposing a binding final decision on
all parties involved in the dispute.
• Arbitrator
Third-party neutral who resolves a
labor dispute by issuing a final
decision in the disagreement.
Employee Discipline
Employee Discipline
•Discipline
A form of training that enforces
organizational rules.
•Positive Discipline Approach
1.Counseling
2.Written Documentation
3.Final Warning
4.Discharge
Common Disciplinary
Problems
ATTENDANCE PROBLEMS
• Unexcused absence ON-THE-JOB BEHAVIOR PROBLEMS
• Chronic absenteeism • Intoxication at work
• Unexcused/excessive tardiness • Insubordination
• Leaving without permission • Horseplay
DISHONESTY AND RELATED PROBLEMS • Smoking in unauthorized places
• Theft • Fighting
• Falsifying employment application • Gambling
• Willfully damaging organizational • Failure to use safety devices
property • Failure to report injuries
• Punching another employee’s time • Carelessness
card
• Sleeping on the job
• Falsifying work records
• Using abusive or threatening
WORK PERFORMANCE PROBLEMS language with supervisors
• Failure to complete work assignments • Possession of narcotics or alcohol
• Producing substandard products or • Possession of firearms or other
services weapons
• Failure to meet established production • Sexual harassment
requirements
A Disciplinary Model
Organization Violation of Investigation
Definition of
discipline organizational of employee
discipline
policy rules offense
Disciplinary Progressive
Due Process Just cause
Interview discipline
Discharge
Setting Organizational
Rules
Publish Widely Keep in Writing
Guidelines
for the
Review Regularly Implementation Be Reasonable
of Organizational
Rules
Explain Reasons Remind/Restate