State if you agree or disagree and why 1. Does the presence of constitutional ri

Question

State if you agree or disagree and why

1. Does the presence of constitutional rights for public employees help to improve or hinder the quality of public service? Explain.

1. Personally, I believe the presence of constitutional rights for public employees helps to improve the quality of public service in all layers of an organization. I think it is essential to have things like the doctrine of incorporation that has been extended and applied the Bill of Rights to states and localities. After the 70s, it's essential to have things like the Public service model that provides an essential framework for assessing the constitutional rights via public employment. This is great because it looks at all the factors of an employee and their impact on an organization or business. This highlights the distinction between the role of government as a regulator of the conduct of citizens and it's role as an employer. Even though this doesn't always lead to the most clarity within an HR department, it is a great start and can help lay the foundation for the future. People will feel more comfortable and be knowing they are taken care of like they are will push them to be better employees and in the end, also help with the perception of a company and it's diversity.

2. Create and describe an example of poor employee performance within an organization. Then, as an HR manager, explain how you would apply “due process” to this situation. What steps would you take as an HR manager to ensure due process and employee equity are upheld in the management of the poor performance or potential disciplinary action? Explain.

2. If an employee continues to disobey and go against the good wishes of our organization, then there needs to be someone in HR that steps up and responds to that person. After meeting with upper management and the person separately, there needs to be an arbitrator that comes in and looks at the situation with a neutral eye. This neutral eye is important because this person will look at all the facts and come to a conclusion that is fair for both parties depending on the facts. The HR team should be available at the disposal of the conflicting parties and hear out their issues without being judgmental. Prior investigations are a must before passing any judgment. The HR head is not expected to discriminate or play favorites in this matter and always deliver an unbiased and practical decision.

Explanation / Answer

Constitutional rights are equally available to all - be it a public employee or a private employee. More than constitutional rights, there are many other factors which affects performance. Poor job designs, unclear descriptions, frequent changes in public policies and its impact down the line affects more than the availability of rights for public employees. Constitutional rights, in fact, provide protection to public employees from whimiscal actions of a public employer and in fact, is a motivational factor for public employees. "Due Process": An example of poor performance can be missing deadlines frequently. Lets dig this example further to identify what the "due process" should be. Assume that an employee is missing deadlines on a regular intervals and his boss has complained to HR. The HR needs to talk to the concerned employee, to the boss as well as keep in mind other factors to- the reasons can be many- it can be competency related. multiple priorities, frequently changing instructions, multiple reporting authorities, overload etc. The "due process" takes care that an employee is heard. Once the reason is clear and the reason is identified as a competency issue, then an employee can be counselled, given more time to improve. If after a certain period improvement is not visible, in that case, action can be taken against him as per the disciplinary guidelines of the company. CAre needs to be taken to ensure that justice should not only be done but also it should be visible that Justice has been done. HR head is supposed to not play favourite or discriminate. However, theory may differ than practice. The recent example of Uber where the HR deliberately not reported the matters related to sexual misconduct of a few "high performers" since the CEO has deliberately created an atmosphere of intimidation and " not touching high performers irrespective of their office conduct" leaves a wide gap between theory and practice. Uber is not an isolated event. Very rarely, HR is able to play the role of adjudicator. Mostly it is the voice of "Higher Ups" and even a sympathetic HR can only "meekly" ask them for course correction. The role of HR as an arbitrator can only comes after the practice is institutionalised, clear directions to that effect and an appreciation of management that they need an "arbitrator".

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