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Sitting
on a beach in Aruba is not the most likely place to run into a
certified Peer Review panelist, but that is exactly what happened to
Harvey Caras recently.
While getting ready for the famous
Aruba sunset Harvey began a casual conversation with a couple from
Iowa. After a brief introduction the conversation lead to the
inevitable “what kind of work do you do?” question.
While describing his work Harvey was
interrupted by the wife who said “That sounds like Peer Review!”
“How do you know about Peer Review?”
Harvey asked.
“I am a trained panelist” she replied, and I
just served on a panel a few weeks ago!” she replied.
“And of course…”, she
continued, “I cannot talk about the case!”
Our pool of trained and certified
panelists recently top 250,000. So it should be no surprise
that trained panelists turn up everywhere, including Aruba!
Most
organizations offer a senior manager review for cases that are not
eligible for a Peer Panel, or when the employee chooses the senior
manager option instead of the panel. Here is a checklist that
can be helpful to senior managers when they are given the
responsibility to decide on an appeal.
Before
making a decision in this case, have you:
Met with the appellant to hear his or her story
of the dispute? In this meeting, did you get answers to all of the
questions you might have for the appellant?
Met with supervision to
hear their story? Met with other members of management who may also
have relevant information?
Consulted with HR
regarding their understanding of the case?
Reviewed the relevant
policy or practice at issue, and consulted with expert witnesses (e.g.
HR, medical) if you have any questions about it?
Consulted with your
employment attorney (if appropriate) regarding the case?
Reviewed past practice
to determine how similar cases were handled previously, and determined
why other cases may have been handled differently?
Consulted with other
members of management who may have relevant experience or expertise
related to the case?
Spoken with other
witnesses who can provide important information about the case?
Utilized the services of
HR to obtain any other witness testimony or documentation that you feel
is relevant to the appellant's case?
Received answers to all
of the questions you have regarding the appellant's case, in order to
feel that you have all the relevant information you need to be able to
reach a decision?
Reinstatement Can Be A Challenge
Bringing
a terminated employee back to the workplace after an ADR decision can
be a difficult challenge for management and the employees. Here are
some things to consider when tackling this challenge.
Communication with
leadership:
·
Make sure that
senior management, the leadership team, and any other need-to-know
supervisors in the department or division understand the rationale for
the decision to reinstate the employee, and the terms and conditions of
the reinstatement.
·
Without violating
confidentiality, discuss any learning points that came from the case.
Jointly
develop a plan with HR and management to re-integrate the employee to
the work group. Key elements of that plan should include:
·
Confirmation with
HR to make sure that all personnel, payroll and benefits issues around
the reinstatement are addressed (i.e. taxes, vacation, back pay issues)
·
During
the first week after the reinstatement, follow up with the employee to
make sure there are no problems in the work place. Continue the
follow-up meetings for as long as appropriate, based on the situation.
·
Determine how and to whom the employee’s
return should be communicated in the work area (e.g., co-workers).
Confirm your support
of the ADR process and your belief that it’s good to have a system to
double check and make sure the right thing is being done, ensuring the
proper and consistent application of policy and practice.
·
Confirm this plan
with your leadership
Communication with the
employee:
·
Review the
job/performance expectations.
·
Contact the
employee and set up a meeting, preferably outside of employee’s former
work area.
·
Set a positive
tone for this discussion, including:
a belief in the
process
future
orientation
a commitment to
moving on
opportunity for
implementation of learning points
pledge of no
retaliation
·
Confirm the
assignment that the employee is returning to, and their re-start date.
(Note: the re-start date should be as soon as possible, especially if
back pay has been awarded)
·
Recognize that
the employee may have their own concerns about returning, and get their
input on what those might be. Ask what might help him/her succeed in
the future. Offer reassurance and support for the path forward.
·
Discuss any terms
and conditions that are part of this reinstatement.
·
Determine who should participate in the
initial meeting with the employee (Department Manager, Supervisor,
Group Leader, Human Resources).
FACILITATOR TOOL KIT
Here is a handy list of items
that a Facilitator should
bring to a
Peer Panel Hearing
·
One (1) copy of
appropriate policy
· One (1) “Panel Instructions”
Video or CD
· Six (6) copies of the Appeal
Form
· One (1) Peer Review Policy
· Other documents the Panel may
ask for
· Phone numbers to reach all
witnesses.
· Six (6) paper pads
YOU
BE THE PANEL
The Case:
“I was denied tuition
reimbursement for a legitimate college course even though my supervisor
told me I should take the course.”
Employee Case:
Last year during my
performance appraisal my supervisor recommended that I begin taking
college courses to increase my chances for future growth in the
company. He also told me that the company pays for college
courses. Taking his advice I signed up for my first class.
After the class was completed I submitted my
grade along with the form for reimbursement by the company.
To my shock the reimbursement was denied. I was told that since the
course was not related to my job it would not be reimbursed, but the
employee handbook says that courses needed for a degree are
reimbursed. Since this was a credited course that will be
counted toward my degree I believe that I should be reimbursed by the
company for my tuition.
I paid for the course myself under the
assumption that it would be reimbursed, and I believe that the company
owes me the money that I paid.
Management’s
Response:
The employee was encouraged by his supervisor
to take college courses, and he was given a copy of the Tuition
Reimbursement policy.
The policy states the following:
“Courses must meet one or
more of the following criteria: be job-related, or required in a
job-related curriculum, degree program, professional certificate or
license.”
The course taken by the employee was a Real
Estate course offered at the local community college. It offered one
college credit and was taught by a local Real Estate company.
Information supplied about the course said that it was “for
those individuals interested in a career in Real Estate.”
It is our judgment that a Real Estate course
does NOT meet the criteria identified in our Tuition Reimbursement
policy, and that is why the employee’s request for reimbursement was
denied. His job has nothing to do with real estate, and our company is
not involved in the real estate business.
The employee could have asked about the course
before he paid for the course and he would have been told at that time
that he was not eligible for reimbursement.
How Would You Rule?
Would you grant the employee’s request for
tuition reimbursement?
Scroll down for the actual decision
The Panel Ruling
Appeal denied. No tuition
reimbursement for the employee.
The panel investigation found no case where the
company had made exceptions to the policy. They also reasoned
that the employee, if he was serious about a college degree, could have
enrolled in any number of entry level course that would have been
eligible for reimbursement. The fact that he chose a course
that was totally unrelated to either his work or that of the company
made their decision an easy one.
If you need us give us a call.
Call Nancy Kimball at 410-730-7163
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