Jemini Policarpio Policarpio ETEEAP Prof Alma Galves Galves September 19, 2015
Casino Has No Sense of Humor Case Application 4 1. If you were were the HR HR Director Director at the the casino, casino, what would would you you have have done prior prior to firing firing Steward, to be sure that you had all of your bases covered? covered? If I were the HR Director about to fire someone for a stunt like that, I would have have thought how Steward would appeal his case. I would begin by: -documenting all problem performance behaviors. b ehaviors. -deal with the employee objectively, fairly and with equitably. -confront job performance issues only because this is the concern of the company and the reason for hiring. hiring. Any other behaviour outside of performing the job well is subject to debate. -offer assistance on how to “fix” the problem. -expect the employee to resist the feedback and be on the offensive. 2. Does the surveil surveillance lance camera camera present present any any ethical ethical or legal problem problems? s? Why or why why not? As mentioned, the workplace is a casino and surveillance cameras are part of its operations. Without Without delving too much on why it is a vital part of its operations, it is sufficient to note that it does not present any ethical or legal problems in the least. However, However, whether or not it is known to the employees is another matter matter. But as Steward himself did not mention it in his defence, it must be understood that he is aware or at least not surprised that his act was caught on tape.
3. Explain Explain any other legal legal issues regarding regarding employ employee ee and employer employer rights rights that might might apply: EMPLOYER RIGHTS: Employment-at-Will-Doctrine A doctrine that allows dismissal of employees employees at any time for any reason except race, religion, sex, national origin, age, or disability. EMPLOYEE RIGHTS: The Hot-Stove Rule give an immediate response, give ample warning, be consistent, be impersonal.
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4. Do you think the punishment was appropriate for posting the comic? It should be understood that Steward’s act mirrors the fear and frustration that the organisation feels at the time when the news about the casino closing was made available. It may seem to be a personal attack to the management’s capability or incapability to steer the casino to a better position and the management did take it personally and made a hasty decision of firing Steward. Looking at it objectively, it might be construed as an act of insubordination but the lack of procedure leading to Steward’s sacking made it inappropriate to terminate. Management’s reason of firing based on “Offending employers” is debatable. Disciplinary actions should be corrective, not punitive.
5. If you were the administrative Law Judge, would you award unemployment benefits to Steward? Why or why not? If Steward is amenable for reinstatement, I would decide for job reinstatement for him. That way he can work for his ear nings and he can serve whatever disciplinary action that is due to him. But since the casino is pending closure and Steward has already been out of job, it is right to award unemployment benefits to him in light of the way he was sacked.
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