Negotiating a Disciplinary Procedure - Essay Example

Abstract 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, without having to involve the trade union, or having to disturb the high level of staff. Introduction The procedure is normally discussed between employer and renowned trade union although it may be carried out by an employer with or without consultation with workplace representatives, setting out the steps which might be followed by management in the event of a breach of disciplinary rules. 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 (Gennard & Judge, 2005). 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(1) 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 (Gennard & Judge, 2005). 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. Discussion Understanding Disciplinary Policies 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. The goal is to strike a balance between policies and those employees who consistently violate company policies hence ascertaining policies are adhered to. The clearer employees understand the disciplinary policy, the easier it is to implement them because they will be able to meet the employer’s the disciplinary policy, and this makes it easier to meet the employer’s performance expectation. Disciplinary Procedure Before commencing the disciplinary procedure it is paramount to hold an initial investigation to know if there exists an indiscipline and misconduct on part of the concerned employee. This is essential in ensuring that the disciplinary action taken is fair and it does not violate the rights of the individual concerned by either punishing them wrongfully or not punishing them for the mistakes they did. After this, the steps below help in determining the outcome of the case: 1. Issue to charge sheet Once the misconduct is established, management should take the step issuing a charge sheet to employee. The charge sheet gives the employee the chance to explain his or her conduct and the charge sheet is a document that notifies the employee the case presented against him or her.. Therefore, the charge sheet is a slow cause notice, which will let the employee understand his or her misconduct and present an opportunity to explain the wrong conduct. In the charge sheet, each charge is be sufficiently specified and there should be a separate charge for each allegation made, and the charge should not be similar to another one that has already been decided upon. 2. Consideration of Explanation On getting the answer for the charge sheet served, the explanation given should be considered and if it is satisfactory, no punitive act needs to be charged on the employee. If it happens that the management is not content with the employee’s elucidation, it can go ahead making inquiries to determine if the convictions hold. However, if the worker admits the charge, the employer can warn him or award him punishment and disregard more inquiries. 3. Suspension Pending Enquiry In case the charge is weighty or a serious one, a suspension order may be given to the employee along with the charge sheet. According to the Industrial Employment (standing Order) Act, 1946, the worker on suspension should be compensated a maintenance allowance equal to half of his or her wages for the first 90 days of suspension and three quarter of the wages for the remaining periods of suspension if the delay in the completion of displinary proceedings is not due to the workers conduct (Eurofound, 2009). The seriousness of an issue will depend on the decision of the management and it has to be in accordance with the Code of Discipline of the organization. 4. Holding of Enquiry The concerned worker is given a notice by the inquiry officer who is appointed to question the worker, while applying the principle of natural justice. The worker should be given the chance to give their side of the story to help in justifying their case. The enquiry officer should give adequate notice to the worker regarding the case presented against him so that he may prepare his defense. From this point, the enquiry officer should go ahead and examine witnesses to determine the outcome of the case. Fair opportunity should be given for the worker to examine the witness brought by the management so as to ensure fair judgment. Importance of Negotiation The issue of a workplace disciplinary action is an important component of a union’s collective bargaining process with an employee and contract negotiations may be based on the definition and processes of discipline for workplace violations of company policy (Spoelstra & Pienaar 1999). By contrast, in some cities and states across the country, workplace disciplinary action cannot be a part of collective bargaining agreements and bears no importance in the proceeding. Negotiations will be vital for various reasons,, which are explained below. Rights to Arbitration A labor union may negotiate on behalf of the worker and the decision made is legally binding if it acts on behalf of the worker in a negotiated disciplinary policy. This gives the case a third party who will review the circumstances in the case and the decision made is then considered satisfactorily while considering legal considerations. Both parties may call witnesses to testify if the judge in the case rules in favor of the employer, the termination stands, and vise-versa. This right is important because it provides checks and balances to ensure that an employee does not simply seek to terminate union workers without following due procedure. Independent Board Review The negotiating parties may agree to form an independent review board, which will be responsible for determining punitive action for workers indicted of violating organizational rules. The review board operates autonomously and can offer impartial decisions without being coerced by any authority. Many organizations use these review board to make termination or suspension decisions made on their employees who have been accused of violating policies an example being the police force. Conclusion The negotiating procedures are essential in ensuring that efforts to resolve issues relating to workers violating rules of operations in the organization are in proper control (Employment Relations, 2008). Negotiations are vital in ensuring if a worker is accused of a violating certain standards they have a chance to present their case, and this ensures that the case is dealt with satisfactorily and there is no unfair judgment. disputes, which arise from worker employee relations need to be addressed using negotiating procedures and this ensures that fair judgment is passed to the workers if they face any disciplinary actions.an agreement is reached through negotiations and if a worker is found to have violated codes of conduct they are punished to deter them from repeating the mistake they had committed. References Employment Relations, 2008. Discipline Procedures for Employees, Catholic Education, Dioceses Of Parramatta. Eurofound, 2009, Disciplinary Procedure. Accessed April 23, 2012 from http://www.eurofound.europa.eu/emire/IRELAND/DISCIPLINARYPROCEDURE-IR.htm Gennard, J & Judge, G., 2005, Employee Relations, CIPD Publishing, London. Kennedy, G., 2007, Strategic Negotiation. Gower Publishing, Ltd, Hampshire. Moore, S., Tasiran, A and Jefferys, S., 2008, The Impact Of Employee Representation Upon Workplace Industrial Relations Outcomes, Employment Relations Research Series No. 87. Spoelstra, H. I. J. & Pienaar, W. D., 1999, Negotiation: Theories, Strategies and Skills, Juta and Company Ltd, Capetown. Read More