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
