Discipline and Grievance Management

8/6/2019 Discipline and Grievance Management

http://slidepdf.com/reader/full/discipline-and-grievance-management 1/44

DISCIPLINE MANAGEMENTPRESENTED

BYMaster Dicks Mfune



INTRODUCTIONResponsibility for d iscipline- most difficult aspect of a supervisor ormanager s role.Unacceptable behaviour upsets a teamand its dynamics.

Supervisor has to approach the problemwithin the limits of the company s/organisation s disciplinary process.



NOTE¶Observant managers can usually

anticipate disciplinary problems before they start. If you deal with an employee·s infraction of the rules early

on, then you will be able to avoid the need for disciplinary action· (F lanagan & Finger, 2003)



REPRIMANDING EMPLOYEESMake sure the rules are known andunderstood ( remin d them from time totime )Get the facts before you act ( know whathappene d , when, why, how )K now your authority and operate within it (can you sen d an employee home )Raise the issue in private.Be calm, constructive, and consistent ( d on tlose your cool)



REPRIMANDING EMPLOYEES Act decisively and fairly.Offer assistance and end on a positive noteaim of d isciplinary action is to teach,not to punishK eep a written record.

W hat happene d an d what you d id aboutitFollow up ( in a reasonable time )



DISCIPLINE

What do we mean by discipline?

The concise Oxford Dictionary defines

the verb to discipline· as to bring under control or to train to obedience and order



DISCIPLINE

What do we mean by discipline?Discipline is regulation of human activityto produce a controlled performance.

( Torrington at al, 2005)



WHAT IS DISCIPLINEThe training, especially of

1. the mind and2. character,

-to pro d uce self- control an d habits ofobe d ience.

The practice of training people to obey rules an d or d ers an d punishing them if they d onot.



DISCIPLINEEmployees are expecte d to exercise an d d emonstrate certain acceptablebehaviours in the course of carrying out their duties.L ack of d iscipline:

scares away customers/clientsRetards productionBrings about misunderstanding among staff It paints a bad picture on the organisation.



FORMS OF DISCIPLINE. Management Discipline.Employees should be answerable to someone whodirects what they should do.Everything depends on the leader from start to finish.

2. Team Discipline.The perfection of the performance derives from themutual dependence of all members.Each member should be committed.

3. Self-Discipline.Performance also depends on expertise, training andself-control of an individual.



GROUP DISCUSSION1. Outline behaviours and actions that may

attract disciplinary action in a workplace.2. Discuss the causes of indiscipline that may

attract disciplinary action.3. What are the common disciplinary cases

that occur in your organisations; why dothey occur; and explain how theoccurrences can be reduced or stopped.



NORMS, RULES AND

STANDARDS OF DISCIPLINEDisciplinary procedures must, among otherthings, not violate the rights and freedoms of the people being disciplined.The Constitutional of the Republic of Malawi,the Employment Act, Labour Relational Act and all laws governing employment have tobe followed when taking a disciplinary action.



WHAT DOES MPSR SAY

ABOUT DISCIPLINEA RE A S WH ERE A CIVI L SERV A NT W I LL BE DISCIP L INED?

(chapter two of book one ) Absenteeism (without reasons or validreasons )Performs duties negligently.F

ails to perform duties properly.Insubordination by word or conduct.Convicted by a court of law due to corruption,theft, theft by false pretence, bribery etc.



Cont dContinues to be incompetent or inefficient.Habitually takes intoxicating liquor or habit-forming drugs to excess.Makes of public monies or any property of government for private use.Makes to government any false claims.

Accepts valuable presents, other than theordinary gifts of personal friend.Etc.



DISCIPLINE PRACTICEIn most cases the require d d iscipline at aworking place is outline d as part of the

rules an d regulations of an organisation.A ny violation of such rules and regulationsmay lead to an administrative action knownas d isciplinary action.

Before such action is taken there should beappropriate proce d ure .The proce d ure in handling disciplinary casesshould follow principles of natural justice.



NEED FOR RULES AND

PROCEDURESRules promote fairness and set standards of conduct at work.Procedures help to ensure that standards areadhered to, and provide a fair method of dealing with alleged failures.Its vital that employees know what standardsof conduct are expected from them.



NATURAL JUSTICEIt is defined a s sense of what is right orwrong.Justice should not only be done but should be seen to be done.Every trial in our courts should be done

in public and in the language to beheard and the public should be allowedto listen.



THE PRINCIPLES OF NATURAL

JUSTICEThese are rules which are supposed tobe followed in order to conduct a fairhearing.



ACTUAL PRINCIPLES OF

NATURAL JUSTICE.1 .No man may be a Ju d ge in his own

case. ( Nemo Ju d ex in re sua)

if a magistrate or other judicial officer is likelyto have an interest in the outcome of thecase he must not take part deciding it.

2. H ear both parties ( A u d i alteram

partern)each party to the proceedings whether civil orcriminal must be given an opportunity of stating his case, and answering, if s/he can,

any arguments, put forward against him.



NOTE

In Dr. Bently s case( 17

23) t he judge made the following observation Even Go d himself d id not pass the

sentence upon A d am before hewas calle d upon to make hisd efence



Cont .3.In any judgement give reasons for the

decision made.

4.The decision has to be arrived at ingood faith.- no bribery or- favouratism.



NOTETH E RIG H T TO BE H E A RD

The procedure for handling cases must ensure the following: Adequate notice.Sufficient details of charge (s ).Cross-examination of witnesses.Reasons for decisions.



APPLICATION OF PRINCIPLES OF

NATURAL JUSTICE1. Individuals should know the standards of

performance they are expected to achieve

and the rules to which they are expected toconform.2. They should be given a clear indication of

where they are failing and what have been

violated.3. Except in cases of gross misconduct theyshould be given an opportunity to improvebefore disciplinary action is taken.



REGULATIONS OF

DICRETIONARY POWERS1 . Excess of Discretion-

Every official or institution that is granted

discretionary power by the law must exercisethat power within its legal limits.2. A buse of Discretion- results in decisions

that areUnreasonable.Based on irrelevant factors or disregardrelevant ones.Improper purpose and bad faith.



DISCIPLINARY RULESSet the standards of the behaviour andconduct expected in the work place.

Vary greatly depending on the size of theorganization, the industry, management style,the history of employee relations.They will refer to the following:General conduct,Health and safety,Security,Time-keeping and attendance.



BREACHES OF DISCIPLINARY

RULESThe type of action you shoul d consi d er are:

1 . Minor infringements might merit an oral warninge.g. an occasional late arrival at work.

2. More serious infringements might result in awritten warning e.g. failure to complete qualitychecks properly.

3. Gross miscon d uct might result in summary

dismissal (dismissal without notice or pay ) e.g.fighting, theft, negligence, alcohol in the workplace,fraud or a serious breach of the organisation spolicy.



DISCIPLINARY PROCEDURESESSENTI AL FE A TURES

Be in writingSay who they apply toBe non-discriminatoryProvide for matters to be dealt with speedy

Allow for information to be kept confidentialTell employee what disciplinary action might be taken



Cont dSay what levels of management have theauthority to take the various forms of disciplinary actionRequire the employees to be informed of thecomplaints against them and supportingevidence, before any meeting.Give employees a chance to have their saybefore management reaches a decisionProvide that no employee is dismissed for afirst breach of discipline, except in cases of gross misconduct



Cont dProvide employees with the right to be accompaniedProvide that no employee is dismissed for a first breach of discipline, except in cases of grossmisconduct Require management to investigate fully before anyaction is takenEnsure that employees are given an explanation for

any sanction, and Allow the employees to appeal against a decision



NOTEThe proce d ures shoul d also:

1. Apply to all employees

2. Ensure that any investigatory period of suspension is with pay, and specify how payis to be calculated during this period

3. Ensure that any suspension is brief, andnever used as sanctions

4. Ensure that the employee will be heard ingood faith- no pre-judgment of the issue



Cont d5. Ensure that where the facts are in

dispute, no disciplinary penalty isimposed until the case has been fullyinvestigated, and there is a reasonablyheld belief that the employee

committed the act in question



MAIN STAGES OF

DISCIPLINARY PROCEDURE1. A disciplinary enquiry or investigation

to determine the facts and decidewhether disciplinary action isnecessary.

2. If indicated by the investigation, adisciplinary interview or hearing

3. An appeal procedure.



DISCIPLINARY INTERVIEWGENER AL A PPRO A CH

Explain the problem as you see it

Ask the subordinate to respondListen to his or her viewpoint with an openmindDecide whether there is a gap betweenstandards and performanceIf so, explore the reasons for the gapEnsure the subordinate knows the requiredstandards



Cont d Agree a realistic timetable foreliminating the gap

Agree what coaching and/or training isrequiredFix a review dateK eep a note of what was agreed at theinterview



STAGES OF DISCIPLINARY

PROCEDUREThere are three basic approaches andstages to disciplinary procedure.

1. Informal oral /verbal warnings.2. Formal oral warnings, which in serious

cases, may also be made in writing. Thesewarnings should set out the nature of theoffence and the likely consequences of further offences.

3. Final written warnings which should containa statement that any recurrence would leadto transfer, demotion or suspension,

dismissal or some other penalty.



NOTE

In case where disciplinary action isdeemed to be unfair, an employee hasthe right to appeal by launching agrievance to a higher authority.



DISMISSALDismissals can take place un d er thefollowing circumstances:

Incapability, which covers the employee'sskills, aptitude, health and physical or mentalqualities.Failure to have qualifications relevant to the

job.Misconduct.Misrepresentation.Redundancy.Statutory bar.



Employee terminates her or his contract by going on strike.

Inability to conform with the rules andregulations of the organisation.

Cont .



REASONABLE DISMISSALS An employee can be regarded reasonablydismissed if the following disciplinary

procedure were followed before dismissal:Be informed on the nature of the nature of the complaint against them.Be given the right to be heard.Be given an opportunity to improve except ingross cases of incapacity or misconduct.



ContBe allowed to appeal against anydisciplinary action.

Employer s decision should not bebased on inefficient evidence.

Employers should act in good faith.



CONCLUSIONWhen exercise discipline, be guided by theprinciples of natural justice so that whateverdisciplinary action is taken, is not only fair but should be seen to be fair.

The purpose of d iscipline is primarily tocreate an d maintain con d itions

favourable for working. Thereforeorganisations nee d to have clearlyd efine d rules an d regulations, an d alsopenalties for their breaches.



CONCLUSIONDiscipline shoul d be enforce d firmly an d fairlywithout bias.Punishments should where possible be given as a last resort after counseling and warning have failed andshould aim at stopping the offence and not to hurt orrevenge.

On the whole, disciplining process it is important tomainstream human rights. This will facilitateconformity with the new constitution and nurture theyoung democratic culture in Malawi.



TH E END!!!!!!!!!!!!!!

Discipline and Grievance Management

Documents

Transcript of Discipline and Grievance Management