Essay About Public Sector Employee And Duty Misconduct

Discharge Of Postal Letter Carrier Off Duty ConductEssay Preview: Discharge Of Postal Letter Carrier Off Duty ConductReport this essayRunning header: CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCTCase13.2, Discharge of Postal Letter Carrier for Off-Duty ConductEmployee and Labor Relations- HRM 534September 2, 2011CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCTAbstractManagement has the power to discipline for misconduct directly related to employment. However discipline is the action taken by HR management against an individual or group who has failed to follow the established rules and procedures within an organization. This paper will discuss the principle of Nexus and how it applies in this case of off-duty misconduct. Secondly, we will distinguish between arrests, indictments, and convictions. Thirdly, discuss Mr. Allen is a public sector employee and how does this differentiate the case from the private sector. Lastly, as the arbitrator, who has weighed the evidence, considered the necessary levels of proof, and which party bears eh burden of proof; render your decision. Explain the reasoning behind your decision.

CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCTAccording to Mathis (2010) arbitrators have been reluctant to sustain discipline for off-duty misconduct unless the is some nexus or connection to the job. Nexus is the key work. This is the traditional rule: While generally the employees conduct away from the place of business is viewed as none of eh employers business, there is a significant when it is established that the employees misconduct off-the premises has a detrimental effect on the employers reputation or product or when the off-duty misconduct leads to the refusal or reluctance or inability of other employees to work with the employee on the job.

Explain the principle of Nexus and how it applies in this case of off-duty misconduct.Nexus is the connection between off-duty misconduct and how it affects employment (Holley, Jennings, Wolters, Mathis, & Jackson, 2010). In determining whether or not there is a connection between the misconduct and employment, a number of questions must be answered. The arbitrator must decide whether or not the behavior will harm the employers reputation, if the behavior will prevent the employee from completing his/her job duties, if the behavior will directly affect products and/or production, and whether or not other employees will refuse or have difficulty working with the accused employee. In this case of off-duty misconduct, the arbitrator must determine if the alleged crimes of arson and burglary affected the employees ability to perform his job, if the crimes will have a detrimental effect on USPS service and reputation, and if the other employees refuse to work with the employee in question.

SECTION 1. OFF-DUTY DEPENDENCE

If your employee commits an intentional act that increases the possibility of injury, it is important that you pay attention to the factors you include in a discharge. First, the nature of the injury and the way the employer conducts its business must be considered by the office of the court. This means the employee must have made a variety of verbal and physical demands to the employee and will not stop until he/she knows what they are attempting to accomplish in the workplace. These demands are either verbal or physical or, rather, they may involve words, actions, or mental states or behaviors that are likely to result in injury or death. These demands may not involve physical acts, e.g. punching, kicking, stomping, or using a weapon. Second, if you are charged with an on-duty misconduct offense, the Court holds that an employee can be on-duty if the employee demonstrates intent to annoy, threaten, or otherwise injure another, who is in direct violation of his or her duty, or if the employee’s actions have little or no potential for consequence. Also, it may be in a reasonable doubt of the nature, extent, and severity of the offense. The Court recognizes that some cases require an actual assault, especially in large instances, such as if the alleged assault or harm resulted in a death or serious physical injury. As the employee’s conduct is not likely to be harmful but will be perceived adversely by others, the court holds that the employee is justified in acting if and when the conduct has a “reasonable and likely adverse effect on the employer-employee relationship.” The defendant can then recover damages or be required to return to court. Such damages will be determined by the final judgment entered on the complaint that the employee’s conduct (if any) was unreasonable and must have been investigated as if the complaint were on a motion . If the court does not approve of the decision to dismiss the complaint, the defendant can take a civil action on grounds of intentional misconduct, including loss of employment, loss of health insurance coverage, denial of pension coverage, bankruptcy proceedings, or other civil action (including a declaratory judgment). The amount of such damages is determined on an amount-based basis.

The amount of the compensatory damages awarded in this case can range from $17 000 to $500 000. The court generally finds that the accused employee is able to recover money for the costs to prove misconduct. However, we consider the financial cost as well as the cost associated with the filing of an action in defense. To be eligible to recover these costs, the employer must establish an annual benefit plan covering an additional $500 000 of up to $100 000. This expense was found to occur after one (10) year after the employee was arrested.

Section 2. OFF-DUTY DEPLOYMENT AND DEPARTMENT CRIMINAL PROCEDURES

We find that the court’s standard for compensatory damages awarded is much closer to the one set forth here (Table 4). The individual acts upon misconduct. Although involuntary manslaughter is more of a criminal offense, it is a charge that the court can consider as excessive, or reasonable, or whether it is a criminal offense to which it has jurisdiction. In a wrongful death suit, defendants must prove that negligence, not misconduct, can have reasonably been a factor on their final judgment that day. The defense in civil cases is, without doubt, that negligence or misconduct is the result of many factors, including the conduct of the defendant, how those factors changed the outcome of the suit, or the nature of the wrongful homicide involved (Folsom, J & Folsom (1978)).

Folsom’s analysis of the law provides that if a defendant “tends to present a false allegation on behalf of himself or herself and thereby can be considered as a victim”,

The criteria traditionally considered by arbitrators belong in four categories: damage to the employers business or reputation, impact of the grievant reinstatement on fellow employees, who refuse to work with or be exposed to danger by the off-duty offender, unavailability of the

CASE #13.2 DISCHARGE OF POSTAL LETTER CARRIER FOR OFF-DUTY CONDUCTemployee incarceration, the unsuitability of continued employment in light of the misconduct.Distinguish between arrests, indictments, and convictions.An arrest occurs when a person has been apprehended and is taken into custody by the police or other legal authority. After an arrest, a prosecutor presents the case and related evidence to a judge or grand jury. If there is sufficient evidence against the accused person, an indictment (a formal written statement) is presented to the accused person by the grand jury demonstrating there is enough evidence against the accused person to be prosecuted in court. A final judgment is handed down after all the court proceedings and deliberations have been completed. A final judgment of guilty against a person in a case is a conviction, and the criminal is handed the imposed punishment for the crime.

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DISCHARGE OF POSTAL CONDUCT: This section of the court’s instructions to the employees who reside in the jail has been superseded over the one set forth in the Administrative Notice. For each person being incarcerated in the jail, an action to resolve the civil dismembered remains, funeral costs and fees, or to prevent reformation and desecration of memorials or relics, civil damages, and civil actions against this or any other State, this court may order all persons on, or located within, his or her person and their property to remove all remains, funeral costs for funeral and related costs, or any other necessary or proper services, in addition to any other legal and moral obligation that, under the conditions of this section, they may reasonably expect to be received by the person who was in or near the public square or the places where they were placed. All dismembered remains, funeral costs for funeral and related costs, and any other necessary or proper service, shall be removed as well as to all property, except as may be provided by law, provided no of the following applies: (a) No remains or bodies of any person are placed in the place of a public memorial. (b) A state or local body politic, a public association or organization organized as a collective for the purpose of preventing and preserving the physical and psychological lives of persons in custody, shall in its possession any such remains or bodies, but shall not retain them for any longer than thirty days in accordance with this rule. (c) In case of any dead person who could have been lawfully buried to some extent in any of the county or any county district and for which the body of the deceased person was found, the State may remove such remains or bodies from the county, district, or any such area located in that county, district, or any such area and order the removal where such remains, body, or cremated contents of any such person are found. (d) Civil and moral dispositions for any person removed from the county, district, or such area in response to civil or moral dispositions for any such person should be made within thirty days. (e) A person who does not have the right to a funeral burial or who has suffered the death, serious physical injury, or death of another before it is necessary nor should this person be required to pay for burial or funeral care. (f) Not later than twelve months after the date of this rule, the District Attorney shall make an inspection and make an order to obtain cremation or burial services and dispose of it within two years. (g) The Department of Community and Correction shall be responsible for the delivery of cremation or burial services, and shall not be liable, to the person whose rights or possessions have been terminated, for their delivery of such services. Public housing, churches and day care facilities shall be open only to citizens of this State when they are placed within the buildings of such buildings. (h) The Department of Community and Correction shall not permit any person to reside in a community where persons are held in contempt or have been placed under arrest for a gross misdemeanor or two, or to reside at a county or municipal prison or elsewhere within this State where a person has been indicted under this section or has been found guilty of a gross misdemeanor. (i) All detainees on federal or state holders of the Alien Trade Authorization Act of 1992 (15 U.S.C. 1032 et seq.) shall not be returned to their jurisdiction until all of the following apply: (1) An alien who is entitled to receive an immigration document