deciding on the appropriate disciplinary action to follow
• If all the questions of Substantive Fairness can be answered in the affirmative, the person is possibly guilty and the decision maker must then determine the appropriate disciplinary sanction.
• If not all the answers can be answered in the affirmative, then there is not a valid reason for proceeding with disciplinary action, as it is not considered “Substantially Fair”.
• Please note that this is only a guideline for the investigator, and each case should be evaluated on its own merits. These guidelines will ensure that you can establish Substantive Fairness in case of Dismissal, and assist in determining the appropriate sanction during the Disciplinary Hearing.
• There are two general methods discussed to help supervisors improve employee performance:
– Counseling and
– The Disciplinary Process.
Counselling
There are cases which will warrant not such a serious form of sanction as dismissal against the employee, but less severe forms of sanctions can still be implemented, for example:
Verbal Warning (informal discipline)
Counselling session to remind employee of the Company Code of Conduct, and what is considered standard and acceptable behaviour
The Disciplinary Process
• The Disciplinary Process consists of action taken by the supervisor to prevent employees from breaking or continuing to break rules.
• There are different options to consider in the Disciplinary Process based on the specific severity of the offence, each with its own set of procedures.
• The different forms of Disciplinary Action are:
o Written and Final Written Warnings
o Suspension: Requiring that an employee not come to work for a set period of time; the employee is not paid for the time off.
o Demotion: Transfer of an employee to a job involving less responsibility and, usually, lower pay.
o Dismissal: Relieving an employee of his or her job.
The Disciplinary Process in short:
an ounce of prevention |
An Ounce of Prevention
1. Good communication Ensure that the employees are clear on what the expectations are for good behaviour. ist those behaviours that can precipitate disciplinary actions. 2. Definite line of authority Employees need to understand who the person in charge is at any given time. There should be no question regarding who is the decision-maker. 3. Employee training Expectations cannot be met if the employee is unaware of what they are. An employee will not be able to perform within the guidelines unless she knows what the guidelines are. 4. Work schedules Work times and job descriptions are essential to clarify employees’ duties and responsibilities. 5. Good working conditions Overall job satisfaction will play a role in improving negative behaviours. 6. Employment Contract The Employment Contract contains the basis of many of these conditions of employment and will clearly define what is expected of an employee. The Employment Contract should preferably also refer to the Employee Handbook with more detailed conditions of employment at the company. |