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Negotiating a Disciplinary Procedure - Essay Example

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This report is to investigate the process of determining if the employee is guilty or not guilty of the crime he or she is been accused of and it further explains how to determine if a case is a gross misconduct or it simply a minor offence that should be resolved at the lowest possible level…
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Negotiating a Disciplinary Procedure
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Download file to see previous pages According to the paper, alleged inadequacies of performance, which include proficiency and competence as set out in the Unfair Dismissal Act 1977 and conduct are grounds for punitive action, meaning that the disciplinary procedure may be initiated and that a sanction may follow if the case against the employee is found to have substance. It should be noted that minor instances are normally dealt with informally for a “ticking-off “incident for an isolated incident of lateness for example and this is because they will not require numerous procedures in coming to a decision. There is an obligation under section 14 of the Unfair Dismissal Act 1977 that within 13 weeks of starting employment in any organization, the employees must be given the procedure and rules used for disciplining or dismissing them from the workplace. Such procedures may be contained within a collective agreement, which is normally after a negotiation between the employer and employee or be established by custom and practice. Other than this, there is no formal guidance on what the procedure should contain: the Act is silent, and currently there is no code of practice on the subject, although there is an area where the Labor Relations Commissions may take action. The guidance that is not provided for comes from decisions of the Employment Appeals Tribunal, which stipulates the rules of engagement. Conveying a clear punitive policy is important to define workplace expectations and the methods the employer will use in correcting behavior that is not in line with the organizational standards. This ensures that all employees are aware and adhere to the code of conduct in the organization failure to which they face sanctions or the disciplinary actions that the misconduct accrues. ...Download file to see next pagesRead More
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