Which arguments should be given more weight: those based on company policy, the employee handbook, and the labor agreement or mitigating factors given by the grievance and his witnesses? Explain.
In the stipulated case, the company fired Stansky (system technician) from his position. The primary argument was that Stansky had hit a fellow employee (Snell, Morris, & Bohlander, 2015). The company established that Stansky acted in serious violation to the set codes of conduct and policies stipulated under the employee handbook. Stansky’s case is comparatively complicated and attracts numerous questions and legal issues. For instance, he had received numerous warnings on his discipline levels. Moreover, the company constantly questioned his commitment based on his average work-related performances. Therefore, when determining this case, the company should consider all the stipulated factors. Terminating the employment contract of an employee is an extremely complex process. Indeed, the company must base such complex organizational decisions on viable evidence beyond reasonable doubts (Snell, Morris, & Bohlander, 2015). For instance, the policies highlighted inside the employee handbook direct the employees on the organizational culture. In addition, the handbook can shape the behaviors of different employees in an organization. The company must consider various witness information and evidences on the behavior of the employee under investigation.
Evidence of assaulting an employee and records of disciplinary warnings are all weighty considerations in the determination of Stansky’s case. However, the company should be more lenient with application of employee handbook and labor agreements (Snell, Morris, & Bohlander, 2015). Such information or policy guidelines are too generic and are subject to possible manipulation to suit certain purposes. Stansky argued that he was a good employee based on his performance records. Correspondingly, the diverse viewpoints of other personnel are vita when making the final determination on this case. Stansky believed that he did not act in violation of any company’s policies or codes of conduct (Snell, Morris, & Bohlander, 2015). However, comprehensive evidence of Stansky hitting a co-worker among other disciplinary issues would enable the company to make viable decisions on the nature of his behaviors. Therefore, all the stipulated arguments relating to the violation of the company’s policies, employees’ handbook, and labor agreements are crucial factors in the case.
How might unprofessional conduct be defined? Explain
Unprofessional conduct refers to any form of failure to conform to the minimal organizational standards prevailing in a particular organizational setting. In every workplace environment, employees are responsible for creating and maintaining ideal atmosphere aimed to facilitate competent and quality performances of the employees. Most individuals are attracted to a work setting that can enhance their professional proficiencies and competitiveness (MacLean, Coombs,& Breda, 2016). Such positive work settings can promote efficiency in work-related performances, productivity among the personnel, and enhance teamwork. Therefore, all individuals should facilitate such positive and conducive working environments and be more sensitive to other employees’ welfare. The varied conducts and behaviors of employees should aim at enhancing general productivity and performance levels.
Behaviors such as workplace intimidations and bullying, sexual harassment, as well as offensive and abusive languages are some of the key components of unprofessional conduct (MacLean, Coombs, & Breda, 2016). In this case, the employee (Stansky) portrayed some behaviors that qualify as unprofessional conducts. Fellow employees accused him of physical confrontations and use of offensive and abusive language while interacting with them. Another viable definition of unprofessional conduct portrayed by Stansky is passive aggression and refusing to perform assigned organizational tasks (low evaluation performance). Additionally, Stansky had numerous disciplinary issues evident from the several warning letters and communications he had received from the company’s HR. In essence, his obstinate behavior towards other employees is a serious case of unprofessional conduct. Moreover, Stansky’s unwillingness to interact with other personnel respectfully and cordially violates the company’s codes of conduct.
If you were the arbitrator, how would you rule in this case? Explain fully the reasons for your decision.
As an arbitrator, I will conduct a comprehensive analysis of the case. The analyses include hearing witness statements and other relevant pieces of evidence. For instance, I will listen to Gary’s arguments and accusations against Stansky (Carbonneau, 2015). Moreover, I will require the employees who witnessed the heated disagreements between the two employees to narrate their varied experiences. I will also analyze different pieces of evidence provided by the HRM. The evidence will provide detailed accounts of Stansky’s involvement in other cases of misconduct or disciplinary issues that violated the company’s policies. Such analyses will be crucial in the final determination of the case and issuing various awards to the complainants. Subsequently, I will uphold the termination of Stansky’s employment contract by the company.
I believe that the employee is guilty of all the charges labeled against him by Gary and the company. He violated the company’s policy on responsible conducts and policies stipulated under the employee handbook. Moreover, I will base my decision to recommend the termination of Stansky on the employee’s past disciplinary warnings. For instance, the employee had a poor work attendance record. In additions, Stansky was facing a serious charge after the company accused him of causing serious performance errors. Consequently, he was given a 3-day suspension. Stansky’s behaviors can negatively influence the performances and attitudes of other employees in the organization. Constantly fights and arguments with other employees will reduce the general level of satisfaction among the personnel and increase turnover rates. Such behaviors deserve punishment and ultimate termination of employment contract, and Stansky’s immediate supervisor made the right decision.
Carbonneau, T. E. (2015). Cases and Materials on Arbitration Law and Practice. West Academic Publishing.
MacLean, L., Coombs, C., & Breda, K. (2016). Unprofessional workplace conduct… defining and defusing it. Nursing Management, 47(9), 30-34.
Snell, S., Morris, S., & Bohlander, G. W. (2015). Managing human resources. Nelson Education.