Labor Relations Case Study: Employee Misconduct and Termination Report

This report provides an analysis of a labor relations case study focusing on the termination of an employee due to willful misconduct, including bullying and physical assault. It examines the type of workplace grievance received by the manager, the reasons for termination, and the manager's role in handling the grievance, emphasizing the need for justification and substantiation of the termination. The report outlines the responsibilities of the HR advisor, offering recommendations to the manager, including conducting a thorough investigation, gathering evidence, and responding tactfully to allegations. It also includes a draft letter to the manager, offering guidance on addressing the situation professionally and providing necessary compensation, if required. The report emphasizes the importance of clear communication and adherence to labor relations principles to ensure fair and lawful employment practices. References from various academic sources are included to support the analysis.

Running Head: LABOR RELATIONS
LABOR RELATIONS
Name of the student:
Name of the University:
Author note

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Executive Summary
The purpose of this report is to analyze the provisions of a case study regarding the management
of conflict between the manger of an organization, in consideration and the employee terminated
on the grounds willful misconduct. In this report the role of the HR in advising the manger of the
chosen organization is to be discussed elaborately. To conclude it can be stated that the manager
of the organization, in consideration must justify and substantiate the grounds of termination of
the employee.

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Table of Contents
Type of workplace grievance received by the manager:.................................................................3
Issue: Reason of termination.......................................................................................................3
Role of the manager in handling the grievance:..........................................................................4
Responsibilities of the HR Advisor:............................................................................................4
Recommendations to the Manager:.............................................................................................5
Draft Letter to be sent to the manager.............................................................................................7
Reference List:.................................................................................................................................8

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Type of workplace grievance received by the manager:
The type of workplace grievance received by the manager was of bullying and assaulting
others by an employee of the organization. The employee in consideration was accused of willful
misconduct (Kearney & Mareschal, 2014). The employee had been accused of getting
intoxicated in the work premises and causing a chaos in the office under the influence of alcohol.
Several instances of verbal and physical abuse of co-workers by the several were also reported.
Issue: Reason of termination
The manager of the organization in consideration had terminated an employee on the
grounds of willful misconduct (Mohamed, 2014). The aforementioned employee had violated the
workplace rules and regulations on several occasions which resulted in the termination of the
same. The employee was accused of being under the influence of alcohol and creating a ruckus
with the rest of the employees. The employee on several occasions was warned of the same but
the repetition of the same event kept on happening. On one instance the employee had physically
and verbally abused another co-worker which resulted in the resignation of the victimized
employee. The manager of the chosen organization, after observing his misconduct for a long
time and discussing the fate of the employee with the other managers decided to terminate him
by giving him a termination letter. The employee after being terminated approached the worker’s
union and complained about his termination from the organization in consideration
(Kornhauser,2014). A representative of the aforementioned union approached the manager,
responsible for the termination of the employee and accused the manager for the same grievance.

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Role of the manager in handling the grievance:
It can be mentioned the manager has certain roles in handling the grievance received by
the union representative. The manager of the chosen organization must fix a meeting with the
representative of the workers’ union, who has alleged the manager of the chosen organization to
have unlawfully and unethically terminated the employee. The manager must explain to the
representative of the union of workers the reason of the termination of the aforementioned
employee (Wallensteen, 2015). He must explain that the behavior of the employee was
unacceptable in the office and workplace. He must explain to the union representative that the
reason of termination of the employee was justified ad the same was necessary for the smooth
functioning of work in the office premises (Kersley et al., 2013). The manager of the chosen
organization must produce tangible witness to substantiate his claim. He must also produce
witnesses who could vouch for the misconduct of the aforementioned employee. In this case the
employee who had been verbally and physically abused by the terminated employee under the
influence of alcohol could be called upon as a witness of the willful misconduct of the accused
employee during the meeting with the Union representative. The manager must prove that the
reasons for the termination of the employee had been conveyed to the employee prior to the
termination (Goldberg et al., 2014).
Responsibilities of the HR Advisor:
The HR serves as the link between the management and the employees of the organization.
The HR Advisor has some responsibilities in handling and tackling a situation such as this. Some
of the responsibilities of the HR advisor are as follows:
 Giving advice to the manager to solve dispute between the management and the
employee

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 Explaining to the manager, the disputes and the grievances of the employees and the
Workers Union
 Arranging a meeting with the managers of the organization, the representative of the
workers union and the terminated employee
 Advising the manager on how to handle a situation such as this
 Communicating the decision of the manager to the terminated employee and the workers
union and the reason for taking such decision
Recommendations to the Manager:
The advice to be given to the manager of the aforementioned organization is to adopt
certain policies to tackle with the problem being faced by the same. It is to be mentioned that the
manager has to conduct a proper investigation regarding the reason of termination of the
employee (Roche & Teague, 2014). The investigation must specifically produce results which
talk about the kind of misconduct committed, where and when such misconduct was committed
and who were affected by such misconduct.
The investigation must shed light on the following:
 The result of the investigation must specifically mention the name of the
employee who has been accused of willful misconduct
 The act of getting intoxicated by the employee in the office premises,
 The act of violence committed by the same on the other employees and the
physical and verbal abuse committed by the same are to be highlighted in the
results of the investigation.

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 Time of occurrence of the same is also to be mentioned in the result of such
investigation.
 The opinion of other employees about terminated employee. The same must be
recorded and presented to the union representative. The fact must be established
that there was valid reason of termination of the aforementioned employee and the
same had a negative influence on the rest of the employees of the chosen
organization.
The manager of the aforementioned organization must be made aware and advised about
the response to the allegation (Saundry & Wibberley, 2014). It is to be stated that the manager
must be very tactful about handling the same. The manager must provide the terminated
employee a copy of the evidence collected against him as the reason of his termination (Jackson,
Schuler & Jiang, 2014). The manager if necessary must give the terminated employee some
advance wages or salary as a compensation for the termination of the same (Larkin & Pierce,
2015).

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Draft Letter to be sent to the manager
To
The Manager,
Canadian Realtors Private Limited,
2503 Wellesley street, Torronto,
Dear Sir,
Subject: Response to allegations faced
As an HR, I would like to advise you on how to handle the allegations charged by the
terminated employee regarding the grounds of termination. It can be stated that you, as a
manager of Canadian Realtors Private Limited, have certain responsibilities and need to be very
clear about the grounds of termination of any employee. In consideration of the Allegations
faced it is advisable that you respond to the same in a professional manner which justifies the
grounds of termination of the employee. The grievances of the terminated employee as well as
the Union Representative need to be addressed and both the parties should be convinced that
such termination was required on your part to enable the smooth functioning of the organization.
Proper evidence should be provided to the parties substantiating your claims of willful
misconduct by the terminated employee. A proper letter to the terminated employee should also
be provided stating the reason of his termination and the same should contain the aforementioned
conditions. Some monetary incentive should be provided to the employee, in case of sudden and
abrupt termination which could serve as compensation to the employee. I hope this letter will be
of valuable help to you in dealing with the crisis that you are facing and finding a solution for the
same.
Thanking You
Yours Faithfully,
_____________(Your Name)

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Reference List:
Goldberg, S. B., Sander, F. E., Rogers, N. H., & Cole, S. R. (2014). Dispute resolution:
Negotiation, mediation and other processes. Wolters Kluwer Law & Business.
https://books.google.co.in/books?
hl=en&lr=&id=BaLfDgAAQBAJ&oi=fnd&pg=PT17&dq=Goldberg,+S.+B.,+Sander,+F.
+E.,+Rogers,+N.+H.,+%26+Cole,+S.+R.+(2014).+Dispute+resolution:+Negotiation,
+mediation+and+other+processes.+Wolters+Kluwer+Law+
%26+Business.&ots=IPWmUCZ5Qc&sig=iiRo_43_nYX8ugX--
2hgTOhdcTI#v=onepage&q&f=false
Jackson, S. E., Schuler, R. S., & Jiang, K. (2014). An aspirational framework for strategic human
resource management. Academy of Management Annals, 8(1), 1-56..
https://s3.amazonaws.com/academia.edu.documents/41759153/Jackson_et_al.__2014.pdf?
AWSAccessKeyId=AKIAIWOWYYGZ2Y53UL3A&Expires=1510926269&Signature=
yn3VOzMOd9HkRARKHLDCfb2ebl4%3D&response-content-disposition=inline%3B
%20filename%3DThe_Academy_of_Management_Annals_An_Aspi.pdf
Kearney, R. C., & Mareschal, P. M. (2014). Labor relations in the public sector. crc Press.
https://books.google.co.in/books?
hl=en&lr=&id=mqCNAgAAQBAJ&oi=fnd&pg=PP1&dq=Kearney,+R.+C.,+
%26+Mareschal,+P.+M.+(2014).+Labor+relations+in+the+public+sector.

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+crc+Press.&ots=zwecSKGgQh&sig=j_aCgRPOBOrmG8Fndql5Oxci14A#v=onepage&
q&f=false
Kersley, B., Alpin, C., Forth, J., Bryson, A., Bewley, H., Dix, G., & Oxenbridge, S.
(2013). Inside the workplace: findings from the 2004 Workplace Employment Relations
Survey. Routledge.
https://books.google.co.in/books?
hl=en&lr=&id=0tURdoyst3wC&oi=fnd&pg=PR2&dq=Kersley,+B.,+Alpin,+C.,+Forth,
+J.,+Bryson,+A.,+Bewley,+H.,+Dix,+G.,+%26+Oxenbridge,+S.+(2013).
+Inside+the+workplace:
+findings+from+the+2004+Workplace+Employment+Relations+Survey.
+Routledge.&ots=IlXoVbafhh&sig=tAJ3RKQVbLHaTODWXwOhJ9FQivk#v=onepage
&q&f=false
Kornhauser, A. (2014). Psychology of labor management relations. LERA For Libraries
http://lerachapters.org/OJS/ojs-2.4.4-1/index.php/PFL/article/viewFile/738/735
Larkin, I., & Pierce, L. (2015). Compensation and employee misconduct: the inseparability of
productive and counterproductive behavior in firms. Cambridge University Press:
Cambridge, UK, 1-27.
https://apps.olin.wustl.edu/faculty/pierce/larkinpiercepost.pdf
Mohamed, A. A. A. (2014). Dismissal from Employment and the Remedies. LexisNexis.
http://irep.iium.edu.my/36035/1/Ashgar.pdf

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Roche, W. K., & Teague, P. A. U. L. (2014). Conflict management systems. The Oxford
handbook of conflict management in organizations, 250.
https://books.google.co.in/books?
hl=en&lr=&id=tPzZAwAAQBAJ&oi=fnd&pg=PP1&dq=Roche,+W.+K.,+%26+Teague,
+P.+A.+U.+L.+(2014).+Conflict+management+systems.
+The+Oxford+handbook+of+conflict+management+in+organizations,+250.&ots=VGY-
9tUlMd&sig=moe0h_QExDp6wxUUl_SIV1IOgNQ#v=onepage&q&f=false
Saundry, R. A., & Wibberley, G. (2014). Workplace dispute resolution and the management of
individual conflict—A thematic analysis of five case studies.
http://clok.uclan.ac.uk/10586/1/0614-Workplace-Dispute-Resolution-Thematic-Review.pdf
Wallensteen, P. (2015). Understanding conflict resolution. Sage.
https://books.google.co.in/books?
hl=en&lr=&id=wvqICwAAQBAJ&oi=fnd&pg=PP1&dq=Wallensteen,+P.+(2015).
+Understanding+conflict+resolution.
+Sage.&ots=jyJkyEWxby&sig=snypKLf6VVCHpW21s6bFkym7HmI#v=onepage&q=
Wallensteen%2C%20P.%20(2015).%20Understanding%20conflict%20resolution.
%20Sage.&f=false

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