ethics in employee relations


Chapter

11Procedural Justice And Ethics in Employee

Relations


DefinitionsDefinitions

Employee relations – all of the practices that implement the philosophy and policy of an organization with respect to employment

Justice – the maintenance or administration of what is just, especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments

Procedural justice –the fairness of the procedures used to make decisions. Procedures are fair to the extent that they are consistent across persons and over time, free from bias, based on accurate information, correctable, and based on prevailing moral and ethical standards



Distributive justice –fairness of the outcomes of decisions, for example, in the allocation of bonuses or merit pay, or in making reasonable accommodations for employees with disabilities

Due process – in legal proceedings provides individuals with rights as set forth by the Constitution of the United States. Protects individual rights with respect to state, municipal, and federal

government processes Normally does not apply to work situations. Employee rights to due process are based on a collective bargaining

agreement, on legislative protections, or on procedures provided unilaterally by an employer



Ethical decisions about behavior – concern one’s conformity to moral standards or to the standards of conduct of a given profession or group Ethical decisions take account not only of one’s own interests, but also

equally of the interests of those affected by the decision


Components of Procedural JusticeComponents of Procedural Justice

Employee voice Provides individuals and groups the capacity to be heard, a way to

communicate their interests upward Interactional justice

Quality of interpersonal treatment that employees receive in their everyday work

Informational justice Expressed in terms of providing explanations or accounts for decisions

made


Core Characteristics Core Characteristics of Effective Voice Systemsof Effective Voice Systems

Elegance Simple procedures, broad application, vested authority, good

diagnostic system Accessibility

Easy to use, advertised, comprehensive, open process Correctness

Includes follow-up, self-redesigning, correctable outcomes Responsiveness

Timely, culturally viable, tangible results, management commitment Nonpunitiveness

Appeal system, anonymity, no retaliation for using the system


Negative Versus ‘Positive’ DisciplineNegative Versus ‘Positive’ Discipline

Three reasons managers avoid imposing traditional discipline: Ignorance of organizational rules Fear of formal grievances Fear of losing the friendship of employees

Positive discipline, an alternative to traditional discipline Employees who commit offenses first get an oral “reminder” rather

than a “reprimand” If no change, the employee receives a written reminder, followed by a

paid day off – called a “decision-making leave day” The fully documented process is followed by termination if the

employee does not change


Improving the EffectivenessImproving the Effectivenessof Progressive Disciplineof Progressive Discipline

Progressive discipline – a procedure that proceeds from an oral warning to a written warning to a suspension to a dismissal

For progressive discipline to be effective: The employee needs to know what the problem is The employee must know what to do to fix the problem The employee must have a reasonable period of time to fix the problem The employee must understand the consequences of inaction


Administering Discipline Without Administering Discipline Without Incurring Employee ResentmentIncurring Employee Resentment

Follow the red-hot-stove rule: Immediate – there should be no misunderstanding about why

discipline was imposed; people are disciplined not because of who they are (personality), but because of what they did (behavior)

With warning – employees must know very clearly what the consequences of undesirable work behavior will be; provide adequate warning

Consistent –to be perceived as fair, discipline must be administered consistently, given similar circumstances surrounding the undesirable behavior

Impersonal – managers cannot play favorites by disciplining subordinates they do not like, while allowing the same behavior to go unpunished for those they do like


Firing Employees Legally & HumanelyFiring Employees Legally & Humanely

Be sure that all supervisors understand company policies and provide a termination checklist for them to use

Before deciding to dismiss an employee: Conduct a detailed review of all relevant facts To ensure consistent treatment, examine how similar cases have been

handled in the past After deciding on termination, the termination interview should

minimize the trauma for the affected employee


Firing Employees Legally & HumanelyFiring Employees Legally & Humanely

Prior to conducting a termination interview, answer three questions: Who? – the responsibility for terminating rests with the manager of the

individual who is to be released; no one else has the credibility to convey this difficult message

When? – consider personal situations – birthdays, anniversaries, family illnesses, and day of the week

Where? – neutral territory – not the manager’s or the employee’s office

Five rules for the termination interview: Present the situation in a clear, concise, and final manner Avoid debates or a rehash of the past Never talk down to the individual Be empathetic but not compromising Explain the “next step” – severance, benefits, outplacement arrangements


Establishing a Fair InformationEstablishing a Fair InformationPractice PolicyPractice Policy

Set up guidelines and policies to protect information in the organization: types of data sought, methods of obtaining it, retention and dissemination policies, employee or third-party access to information, release of information about former employees, and mishandling of information Inform employees of these information-handling policies Become thoroughly familiar with state and federal laws regarding

privacy Establish a policy that states specifically that employees and

prospective employees cannot waive their rights to privacy Establish a policy that any manager or non-manager who violates these

privacy principles will be subject to discipline or termination


Articulating, Communicating, and Articulating, Communicating, and Implementing PoliciesImplementing Policies

Avoid fraudulent, secretive, or unfair means of collecting data; when possible, collect data directly from the individual concerned

Do not maintain secret files on individuals; inform them of what information is stored on them, the purpose for which it was collected, how it will be used, and how long it will be kept

Collect only relevant, job-related information Maintain records of individuals or organizations who have regular

access or who request information on a need-to-know basis Periodically allow employees the right to inspect and update

information stored on them Gain assurance that any information released to outside parties will be

used only for specific purposes


Privacy DilemmasPrivacy Dilemmas

Privacy – the interest employees have in controlling the use that is made of their personal information and in being able to engage in behavior free from regulation or surveillance Three main issues

The kind of information collected and retained about individuals How this information is used The extent to which it can be disclosed to others

Ethical dilemmas – situations that have the potential to result in a breach of acceptable behavior

Ethical behavior adapts and changes in response to social norms

ethics in employee relations

Education

mcgrawhill companies

employee rights

individual rights

employment justice

chapter11procedural

punishments procedural

outcomes of decisions

group ethical decisions