Evaluate the process afforded to employees

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Reference no: EM133825224

Synopsis

This case involves a personnel matter at an agricultural-chemical industry mining complex. A middle level supervisor (mill coordinator) has been accused of gender-based and other discrimination. The complaint has come primarily from one employee who works under that supervisor's direction but is supported at least in part by the testimony of other employees. This case considers the process by which the employment discrimination complaint is investigated, considered and resolved, including the weighing and evaluation of information gathered from employees. Various practical, legal and ethical issues typical to such cases are apparent.

The mill coordinator (Peter Bickley) is accused by a female employee (Alicia Cashell) of improper gender-based discrimination. The allegations are far-reaching and include factual allegations that imply other forms of discrimination, harassment and mismanagement: Bickley's management style is generally open to question. Agchemco Company (Agchemco) human resource (HR) personnel must process the complaint and gather evidence. The investigator, Paul Callahan, has been called in from company headquarters by human resource managers at the mill and is responsible for taking appropriate steps in response to the complaint.

Callahan must obtain statements from witnesses (including Bickley, Cashell and others), and then must analyze the witness testimony, consider bias and perspective, and attempt to compare the evidence to the discrimination claims and company policies. The evidence is typical of the sorts of evidence that usually attend HR disputes. Some of the witness testimony is specific and some is very general. Cashell provides lengthy information which rambles and is accusatory, but which also includes some very specific allegations. Bickley articulates justification for his action. Other witnesses provide more diverse information. Some seem afraid to get in the middle of the fight, while others seem to line up behind one or the other of the parties. Company policy manuals bear on the propriety of Bickley's conduct apart from the issue of discrimination. Ultimately an appellate process is also integrated into the procedural tools.

Questions

Analyze the following questions from the perspective of a third-party observer. Explain your answers and justify why and how you arrived at your conclusions. Use references as necessary and make use of the course learning material.

1. Evaluate the process afforded to employees such as Bickley by Agchemco in the event of an employment-related complaint. Does the process described adequately protect the rights of all parties?

2. Evaluate the reasons for Bickley's demotion. Are they appropriate? Are they fair?

3. Discuss the use of an outside arbitrator to undertake the appellate review of the Agchemco process and conclusions. What are the pros and cons of such a practice?

4. Who are the stakeholders to any employee dispute? How do such disputes impact the company?

5. Do ethical issues (apart from law or the practical needs of the company) mandate a different process or result?

Reference no: EM133825224

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