CASE 2; Legal Compliance and Discipline and Grievance
Introduction
“The second-grade school teacher posed a simple problem to
the class: “there are four blackbirds sitting in a tree. You take a slingshot
and shoot one of them. How many are left?” “three,” answered the seven-year-old
European with certainty.” One subtracted from four leaces three.”
“Zero,” answered the seven-year-old African with equal
certainty. “if you shoot one bird, the other will fly away.” (managing human
resource p.146) Probably one of the most important story to illustrate truth of
HRM. People with different background (life experience) may deflect reality very
different from one another. As an example, if you show person in mid 20 and
over 50 years old as easy question of showing picture of landline phone, or
rotating landline phone, and ask them how to use it, the answer may differ a
lot from each other. Because person in mid-20 is born in era of technology where
smartphones are in everyday use, might not recognize landline phone at all. Of
course, this also differs from person’s origin. All though usage of landlines has
been decreasing over years worldwide, in some part of earth, mainly in
developing countries, you can still see them in number of locations. Another
example is phone booths. They have been disappearing from public image a lot,
and if someone in mid-20 sees it, may not even recognize it.
Thus, we can assume that persons in mid-20 way of thinking
is different than elderly, this is stereotyping people by groups. Basically, by
stereotyping we also are discriminating employees’ rights. Because we can’t
assume that every member with same sex, ethnical and religious background are
behaving same. Say employees with considerable military background are
generally more accepting management with absolute authority, this might be
possible only in military and governmental related jobs, but not in civilian
work, such as banks, restaurants, car mechanics, and other workplaces. (picture
1, Managing human resource management, p. 147)
Picture 1- acceptance of authority
Shortly, when evaluating employees in HRM point of view, we
must take into consideration all the fact about applicant as individual and not
as representative of a group. It is true that some of the actions characterized
by groups are applicable, but we are not to label everyone as same. Sexual
orientation is the same, we can’t stereotype all homosexual to be crossdressers
or “queens”. I can bet If you walk on the street you will not recognize 90% of gays
just by assuming the way they look, behave or talk. Attitude towards these
individuals must not change finding out about their background. As much as Ali can
be European, David can be middle-eastern too. Same apply to only people with
different ethnical background but those with disabilities too, who would have
guess Stephen Hawking with his superior way of thinking could ever become one
of the greatest scientist in our world. With discriminating people by appearance,
we might lose great uncovered resources for good!
Not only individuals, but also companies need to capitalize
employee diversity to survive and prosper in an heterogeneous society we are
living in at the moment. This is also competitive advantage over competitors
who are not focusing in these areas.
Employers rights
Managers and employers are always in though position. They
are not only supervisor of workplace but manage a lot more than that. For instance,
they must make the right hiring decision along with other duties they have. It
is not always that clear to hire right person. In CV employee, can be irreplaceable,
but in real life employee can be a trouble maker, with addictions and bringing
bad atmosphere to workplace. I have personally witnessed that to happen.
One of biggest headaches employers have had is to confront
employee about performance problems. Key for solving this issue, is to engage
problem soon enough by engaging constructive feedback before it is too late. If
feedback is not helping the issue and performance is not improving, manager is
to call for discipline actions. Managers not only want employee’s performance
to improve but also want employees to collaborate as a team with same goal. Managers
are in difficult position when one employee complains about another. In these cases,
they are also in fear of losing high potential employee for violations in work
place. Figure 14.4. from book shows some examples of minor and serious
violations (picture 2. P. 474)
Picture 2 - violations in workplace
Employer has right to give warning to anyone who is not
following regulations and rules of workplace. Warning procedure goes as
following; first verbal warning, second written warning, third suspension and
if none of those work, finally fourth is discharge. Note, employer is to keep
official record of warnings signed by both, employer and employee. (picture 3-
step of warnings)
Picture 3 - step of warnings
Employees rights
In Finland employees has four main rights (3, www.infopankki.fi),
- Join union; Each person can Join union to fight for his/her rights
in working place in case of mistreatment.
- Right for healthy and safe working environment, In Finland Employer,
must provide safe working environment to all their employees equally. Employer
must orientate new employee to workplace environment. Not only employer but
employee has to take safety measurement when working. Employer must provide
first-aid training to some of employees.
- Protection provided by acts and contracts, working contract provided
by employee must not conflict with previous acts, and collective agreement.
- Compensation under Collective Agreement and
provisions for minimum salary
So basically, those mentioned above are statutory rights
which have been generated to develop employees’ rights for decent salary and
against discrimination in workplace. Addition to those, employer must provide
enough of training for new tasks.
In addition, Employee obligations are diligence in the
workplace, loyalty and confidentiality to employer and must aim to;
-
Do work carefully and efficiently
-
To follow rules and regulations set by employer
-
Notify your supervisor about conditions,
improvements needed, machinery etc.
-
Do not cause any damage to your employer, for
example breaking intentionally machinery or revealing professional secrets.
Keywords;
Diversity, Employee, Employer, Stereotyping, Collective
agreement, Trade unions,
Progressive discipline procedure
Sources;
2.
http://www.investopedia.com/articles/personal-finance/120914/8-federal-laws-protect-employees.asp
3. http://www.infopankki.fi/en/living-in-finland/work-and-enterprise/employee-s-rights-and-obligations
(Last updated: 07.07.2016)
6. Gomez, Balkin &
Cardy, 2016. Managing Human Resources, 8th edition, Pearson
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