Supervisions’ report that discharging an employee is one of the toughest tasks they perform as managers. Furthermore, termination for absenteeism can be particularly difficult due to causes of absenteeism and, in some cases, the past work record of the employee. This case illustrates a typical absentee problem faced by management.
Mary Schwartz was employed by beach electrical systems for nine years. For the first six years of her employment, she was considered a model employee. However, things changed rapidly in 2004 when Marry’s annual performance reviews were always above average or exceptional, and she described by her managers as a loyal and dedicated employee. However, things changed in 2004 when Marry became, as her current manager stated, ‘an absentee problem."
According to HR department records, in 2008 and 2009 Marry was 12 percent and 19 percent of the time, respectively. Her worst year was 2010 when she absents 27.2 percent of the time. However, unlike other absent employees. Mary was always absent because of genuine and verifiable illnesses or work-related accident. Marry’s supervisor had talked to her periodically about her attendance problem, but she was never given an official warning notice-oral or written that she would be fired if her attendance record did not improve.
The incident that caused her termination occurred on Thursday, May 20, 2011. On that day her manager notified all department employees ( eight in total ) that they would need to work overtime om Saturday, May 22, 2011, to complete a critical order for a highly valued and important customer. All employees agreed to work Saturday, expect Mary did not dispute the attendance record; however, she refused to disclose. For her refusal to work.
On Monday, May 24, 200011, her supervisor, with concurrence from the department manager, terminated her employment for “unsatisfactory attendance.” Mary did not dispute the attendance record; however, she filed a grievance through the company’s alternatives dispute resolution procedure alleging that management did not discharge her according to the organization’s published disciplinary policy. She pointed to the section in the policy manual that states, “employees will be earned as required. Management replied that Mary was well aware of portent her continued illness from occurring. Additionally, her refusal to work overtime on Saturday was a further indication of her lack of concern for her job or the welfare of the company.
Question,
What role, if any, Mary’s past work record play in this case? Explain your answer.
Does management have a right to know why employees refuse to work overtime? why or why not.
Evaluate the arguments of Mary Schwartz and management in this case.
If you were a member of the company’s peer review complain committee, how would you vote in this case?
Source: based on an arbitration case heard by George w. Bohlander. Names have been changed.