Deck 9: Dealing With Management Rights, Employee Rights, and Discipline

Question 1

Maria was hired by a large hospitality firm on a twelve-month contact. She has worked for five months and is considering terminating her contract. Under contractual rights, which statement best describes the situation?

A) Only the hospitality firm may terminate the contract.
B) Maria is legally permitted to terminate the contract.
C) Neither Maria nor the hospitality firm may terminate the contract.
D) By law, Maria must work at least 80% of the contract.

Answer 1

B

Question 2

Which of the following is considered a "best practice" for employers to follow when establishing any form of employee surveillance?

A) Assess all available tools and techniques before selecting one.
B) Train all supervisors on their responsibilities under PIPEDA.
C) Ensure policies include social media and other technology that may be perceived as intruding on an employee's privacy.
D) Create a complaint process for employees to communicate their concerns.

Answer 2

C

Question 3

Which employee protection rights include legal considerations?

A) statutory rights and basic human rights
B) freedom of expression and religious freedom
C) contractual rights, statutory rights, and due process
D) right to make reasonable mistakes

Answer 3

C

Question 4

ABC Co. wants to dismiss an employee for failing to maintain an acceptable performance level. What must the company do before it dismisses that employee?

A) Give him six months advance notice of the dismissal.
B) Prove that he is not meeting job expectations.
C) Place him on probation.
D) Change the job requirements so that they'll meet his abilities.

Question 5

Which of the following employee search actions and surveillance are permitted?

A) random searches of employee vehicles while parked on workplace property
B) monitoring of private telephone conversations on personal cell phones while in the workplace
C) requiring employees to undergo a medical exam if a supervisor removes an employee from the worksite due to suspected impairment
D) random searches of employer-owned toolboxes and desks

Question 6

Due process is central to which employment matter?

A) the employment-at-will doctrine
B) implied contracts
C) statutory rights
D) wrongful dismissal

Question 7

Employee rights to fair treatment from employers are granted by which of the following groups?

A) unions, employers, and provincial governments
B) provincial governments, unions, and federal courts
C) employers, provincial governments, and federal courts
D) federal courts, unions, and employers

Question 8

What does most human rights legislation consider substance abuse to be?

A) a performance issue that needs to be disciplined
B) a disability that needs to be accommodated
C) a valid reason for the employer to sanction the employee
D) a privacy issue that protects the employee from surveillance

Question 9

Which of the following is one aspect of employment due process?

A) access to progressive career development
B) right to appropriate benefits
C) access to hearings for disciplinary actions taken by an employer
D) right to know job expectations and consequences of not fulfilling them

Question 10

Which method is commonly used by employers for electronic monitoring?

A) GPS tracking of all employee movements
B) installing hidden security cameras in walls and ceilings
C) scanning employee backpacks or lunch pails as they leave work
D) paying employees to record video of peers and colleagues

Question 11

Which of the following are legal considerations regarding an individual's job security?

A) statutory rights, contractual rights, and due process
B) employee rights, duty of care, and just cause
C) just cause, employee rights, and statutory rights
D) statutory rights, duty of care, and employee rights

Question 12

In which circumstance can an implied contract become binding?

A) stating promises of job security in an employee handbook
B) establishing a succession plan
C) sending an e-mail to employees regarding the vacation schedule for the year
D) introducing an empowerment program in the organization

Question 13

Which right protects employees from being subjected to discrimination in the workplace?

A) contractual right
B) moral right
C) statutory right
D) conditional right

Question 14

Employees have no reasonable expectation of privacy in which of the following situations?

A) while in the workplace
B) when performing job-related duties
C) in workplaces where monitoring is already in effect
D) if the employer has a privacy policy

Question 15

What is an implied employment contract?

A) a clearly written document that describes the conditions of work, such as job security
B) a conversation between employers and unions regarding job security issues
C) an e-mail that itemizes elements of existing job security policy
D) a promise made by an employer to an employee regarding job security

Question 16

Which statement best describes the benefits of drug testing?

A) Companies with drug testing policies reduce absenteeism and accidents.
B) Drug testing is largely an error-free process that assists employers with discipline procedures.
C) Mandatory random drug testing policies provide an employer with greater freedoms in the surveillance of employees.
D) Employers can force a drug test after establishing "probable cause", which deters other employees from using drugs while at work.

Question 17

What is the most important legal principle regarding data privacy?

A) intention
B) reliability
C) accuracy
D) consent

Question 18

When can employers legally dismiss an employee?

A) They can legally dismiss employees with no prior notice.
B) An employer can hire and dismiss employees at their discretion.
C) Employers can dismiss a mentally challenged employee without considering accommodation.
D) Employers can legally dismiss an employee without prior notice when there is just cause.

Question 19

In which of the following is an employee most likely to be forced to submit to drug testing under current law?

A) customer service positions
B) administrative roles
C) labour-intensive jobs
D) safety-sensitive positions

Question 20

Andrew was employed as a computer programmer with a small technology company. He was recruited by a former colleague, Ben, to join the XYZ Company and was promised a higher salary. However, once Andrew started on Ben's team at XYZ Company, Ben denied making any such promise. What have Ben and XYZ violated through their behaviour?

A) implied covenant rules
B) common laws
C) no laws; as long as there were no written guarantees, ABC cannot be held liable
D) implied contract rules

Question 21

What is the HR department's major responsibility in matters of discipline?

A) to assist managers in monitoring the performance of their subordinates
B) to develop disciplinary policies and procedures
C) to handle the legal defense against allegations of wrongful discipline
D) to decide what the appropriate punishment is for each act of misconduct

Question 22

In disciplinary investigations, which question should be asked to determine if the employee was provoked by a manager or another employee?

A) Has the rule been uniformly enforced?
B) Is the offence related to the workplace?
C) Are there extenuating circumstances?
D) Did the employee know he/she was doing something wrong?

Question 23

Which of the following is a common disciplinary problem?

A) working from home when a child is sick
B) taking time off for personal reasons
C) leaving early with no approval
D) missing a shift due to illness

Question 24

What is the main purpose of disciplinary policies and procedures?

A) to help ensure that employees receive fair and constructive treatment
B) to assist employees to be more productive
C) to allow the HR department to terminate repeat offenders
D) to enable the use of punishment for unacceptable conduct

Question 25

What key principle underpins and shapes disciplinary investigations?

A) judicial review
B) due process
C) ethical behaviour
D) contractual obligation

Question 26

What is the most significant cause of a manager's inadequate documentation of employee misconduct?

A) The documentation process is too complex.
B) The manager does not know what to include in good documentation.
C) The manager doesn't have time to document employee misconduct.
D) Other high-priority management tasks take precedence.

Question 27

Which common meaning of the term "discipline" is associated with an employee's willingness to practice self-control?

A) the treatment of behaviour that results in punishment
B) positive reinforcement of organization norms and standards
C) training that is designed to strengthen desirable conduct
D) demonstration of orderly behaviour in an organizational setting

Question 28

What is one issue associated with the growth of management and financial electronic information systems?

A) The systems provide global access to information.
B) The systems allow employees to publicly share opinions about colleagues and workplace practices.
C) The systems allow more involvement in decision making.
D) The systems promote increased sharing of information.

Question 29

Which program, focused on employee misconduct, centres on joint discussion and problem-solving activities?

A) nondirective counselling
B) management-by-objectives
C) progressive-discipline
D) correction without discipline

Question 30

What common mistake do organizations make that results in reduced effectiveness of the organizational rules?

A) share the reasons for the rules with employees
B) review the rules that are critical to work success only periodically
C) restate any rules that have not been enforced on a consistent basis
D) allow managers to interpret rules according to experience and judgment

Question 31

When conducting a disciplinary investigation, what must be done?

A) Determine whether the rule in question has been uniformly and consistently enforced.
B) Assess whether the employee is showing any signs of remorse.
C) Outline in writing the options for punishment.
D) Create opportunities for improvement.

Question 32

What is the foundation of an effective employee disciplinary system?

A) clearly stating performance and behaviour expectations
B) periodically reviewing all policies and rules
C) including all employees in the development of the system
D) communicating the policies verbally to every employee

Question 33

Hassan has just joined the HR department at a relatively young advertising agency. He is surprised to learn that the company does not have a written email policy and decides that one of his first priorities will be to create one. Which of the following guidelines should Hassan follow?

A) State that all categories of information are to be sent electronically.
B) Ensure the policy complies with industry benchmarks.
C) Specify that electronic information be sent for business purposes only.
D) Confirm that there is equal accessibility to all websites.

Question 34

An employer uses a positive discipline system to correct undesirable employee conduct. What do managers in this organization issue to employees in order to improve their unacceptable performance?

A) reminders
B) policies
C) reprimands
D) warnings

Question 35

Steve is a supervisor in a large warehouse. One of his employees, Anthony, lost his temper and unnecessarily criticized and yelled at his co-worker. Anthony immediately apologized to his colleague and told Steve about the incident. This is not the first time that Anthony has lost his temper at work. What program could Anthony benefit from to help him voluntarily correct his misconduct?

A) progressive-discipline program
B) hot-stove program
C) step-help program
D) respect discipline program

Question 36

The ABC Corporation wishes to establish an effective disciplinary policy. Which manager should have primary responsibility to prevent or correct disciplinary problems?

A) human resources manager
B) top-level manager
C) manager in the legal department
D) the employee's manager

Question 37

Min is a supervisor in a busy call centre. She was promoted from team lead to supervisor less than a year ago. For the first time in her career, she needs to document the poor performance of an employee. She has received a lot of advice from other supervisors. Which suggestion is the least helpful in the due process of discipline?

A) Record the consequences of the employee's action on the work unit.
B) List the negative behaviour exhibited by the employee.
C) Note the date, time, and location of the misconduct.
D) Record the assumed intent of the employee's actions.

Question 38

The ABC Company wants to discipline an employee for his off-duty drug use. How can the company best position itself to discipline the employee?

A) demonstrate that the behaviour does not conform to the company code of ethics
B) obtain a court order showing employee guilt
C) wait until the employee is formally charged with the offence
D) document a clear connection between the drug use and its negative effect on the company

Question 39

What is required of an investigative interview?

A) The supervisor must wait until the employee is ready to fully discuss the incident.
B) The employee must provide a written account of the incident prior to the interview.
C) The employee must have been provided with legal assistance.
D) The interview must occur before disciplinary action is initiated.

Question 40

Which of the following is an example of a best practice to follow when documenting a discipline issue?

A) Include testimonials from several employees.
B) Assess the intent of the employee regarding the incident.
C) File a grievance report.
D) Ensure that all documents are accurate and dated.

Question 41

Which of the following is an example of dismissal for just cause?

A) department restructuring
B) internal transfers
C) poor performance
D) lack of organizational fit

Question 42

Employees are legally entitled to due process in relation to employment matters.

Question 43

Which dispute-resolution process produces a decision that is binding?

A) conciliation
B) negotiation
C) mediation
D) arbitration

Question 44

What should employers apply before firing an employee?

A) principles of just cause
B) policies of equity and responsibility
C) standards of employment conduct
D) rules of fair employment

Question 45

When a decision has been made to terminate an employee, what should the manager do?

A) Make certain that the termination does not violate any laws before informing the employee of the discharge.
B) Note any issues with personality conflicts so the employee can change in the future.
C) Take the employee to lunch and calmly discuss the reasons behind the termination.
D) Keep an open mind in case the subordinate offers an acceptable plan to correct his or her disciplinary problem.

Question 46

Which term refers to the practice of using an impartial third party to help facilitate a resolution to employment disputes?

A) negotiation
B) mediation
C) conflict resolution
D) arbitration

Question 47

Which of the following are examples of dispute-resolution processes?

A) negotiation and mediation
B) collective bargaining and mediation
C) conflict resolution and mediation
D) arbitration and collective bargaining

Question 48

Conciliation is a form of which process?

A) mediation
B) arbitration
C) negotiation
D) resolution

Question 49

Sometimes organizations provide services to terminated employees that help them bridge the gap between their old position and a new job. What are these services known as?

A) outplacement assistance
B) employee assistance programs
C) downsizing programs
D) headhunting assistance programs

Question 50

Employee rights are granted by the courts, legislatures, and/or employers.

Question 51

The guarantee of fair treatment that employees expect in protection of their employment status are known as employee rights.

Question 52

Which term refers to an individual assigned to help investigate workplace issues and also make recommendations to improve workplace practices?

A) negotiator
B) mediator
C) ombudsperson
D) litigator

Question 53

Supervisors and managers are expected to behave and act in ways that acknowledge that employees also have certain rights.

Question 54

How are many organizations now acting to protect employees from arbitrary and inequitable treatment from their supervisors?

A) providing legal counsel in matters pertaining to unjust discipline
B) utilizing alternative dispute-resolution processes
C) including a grievance arbitration clause in their collective agreements
D) providing access to certified conciliation officers

Question 55

Which term refers to different forms of employee complaint processes?

A) mediation
B) binding arbitration
C) alternative dispute-resolution
D) conflict resolution

Question 56

Formal contracts are standard practice for contingent workers.

Question 57

The three legal considerations regarding the security of one's job are: statutory rights, contractual rights, and ethical rights.

Question 58

Only a minority of Canadian employees are hired under an implied contract.

Question 59

Managers are discovering that the traditional responsibility of management to discipline and discharge employees is easier to exercise because of the growing attention paid to employee responsibilities.

Question 60

Which process is being used more frequently by non-unionized employees to challenge an employer's disciplinary decision?

A) mediation
B) alternative dispute-resolution
C) negotiation
D) conflict resolution

Question 61

Employees must comply with employers' searches where "probable cause" exists.

Question 62

Because personnel files are the employer's property, an employee may be barred from seeing his or her file.

Question 63

The concept of due process, in general, guarantees employees assurance of employment.

Question 64

It has been estimated that substance abuse by employees costs Canadian employers approximately $39 billion.

Question 65

In Canada, companies with drug-testing policies report reductions in absenteeism, sick days, and accidents.

Question 66

An implied contract may result from statements found in employee handbooks or other employment documents.

Question 67

To protect an organization against a wrongful dismissal suit, management should provide a verbal warning regarding the behaviour and poor performance level of an employee.

Question 68

Electronic monitoring can create adverse working conditions and lead to stress and anxiety.

Question 69

Employers do not have the right to monitor employee Internet use.

Question 70

During the interview, Angela's future manager tells her that, if she is a good worker, she will have a permanent job with the company. Her manager has likely created an implied contract with Angela.

Question 71

Implied contract claims are limited to termination cases.

Question 72

General trends find that daily and heavy drinking is significantly higher for men than women.

Question 73

Employee searches must be conducted with utmost care and should occur only when there are probable reasons for the search.

Question 74

Telephone surveillance is one of the most common means of monitoring employees who work as customer representatives.

Question 75

When an employee does not have a formal contract specifying the duration of employment, the employment relationship is considered to be ongoing.

Question 76

There are a few types of organizations that are exempt from privacy legislation.

Question 77

The failure of an employer to ensure a safe and drug-free workplace can result in astronomical liability claims.

Question 78

The establishment of a progressive-discipline policy may limit employers' flexibility and discretion in terms of demoting employees.

Question 79

Many companies legally monitor employee conduct through different surveillance methods.

Question 80

An implied contract may become binding when management urges an employee to leave another organization by promising higher wages and benefits and then not following through with these conditions after the person has been hired.