Newsletter

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