Disciplinary procedures, in parliamentary procedure, are used to enforce a deliberative assembly's rules. It is written form, step by step process which a firm commits it to follow in every case where an employee has to be warned, reprimanded, or dismissed. Failure to follow a fair, transparent, and uniform disciplinary procedure may result in legal penalties or damages and annulment of the firm's action. Disciplinary procedure
Employer’s disciplinary procedure should include the following steps: 1. Application and Scope
2. General Principles
3. Informal Procedure
4. Formal Procedure
6. Disciplinary Hearings
7. Formal Levels of Disciplinary Sanctions
Application and Scope: the company’s standards of behavior, conduct and attendance from all its employees. The disciplinary procedure provides a framework for dealing with instances where employees are alleged not to have met the required standards of conduct. The procedure applies to all employees employed by the company under a contract of employment. General Principles: it includes general information about the rules of company. Such as Informal Resolution, Investigation, Nature of allegations, First breach of discipline, Suspension, Right to be accompanied, Equality and Diversity, Confidentiality, Involvement of Human Resources, Appeals against Sanctions including dismissal and Timescales. Informal Procedure: It is part of the normal supervisory process that managers bring to the attention of the employees the standards required and any failure to meet those standards. The purpose of these discussions is to ensure that the employee understands the nature of the concerns, expectations of improvements in conduct and where appropriate timescales and the nature of any support available Formal procedure: Where the informal process has not led to improved conduct, or where the alleged misconduct is of such seriousness that the manager considers informal action to be inappropriate, formal action will be initiated. Investigation: Before a disciplinary hearing is convened there will normally be an investigation into the circumstances of the alleged misconduct. The purpose of the investigation is to establish the nature of the allegations. Disciplinary Hearings: the employee will be given an opportunity to present his/her case, question witnesses and raise any issues she/he wishes to have considered. The decision may be given verbally at the hearing and will in any event be conveyed or confirmed in writing within five working days of the hearing. Formal Levels of Disciplinary Sanctions: There are three levels in the formal disciplinary procedure Level One Formal - verbal warning
Level Two Formal - Final written warning
Level Three Formal – Dismissal
Appeals: it is against warnings, sanctions or action less than dismissal. The employee has the right to appeal against a decision to issue a warning or sanction, less than dismissal, under this procedure. The appeal will be heard by a manager that is senior to the manager who has made the decision to issue a sanction and who has had no prior involvement in the case.
Redeployment of redundancy plan
In the case of redundancy, either on a voluntary or compulsory basis, the decision should be made on the basis of fair, non-punitive and non-discriminatory criteria such as length of service, nature of work, job skills etc. An employee who is dismissed by reason of redundancy is eligible for severance payment but not long service payment. Employers are also encouraged to provide employees of different age groups with equal access to voluntary departure or Redundancy schemes, if any. Employers are encouraged to review their redundancy and dismissal procedures from time to time to ensure that such procedures are not discriminatory.
The stress felt by a dismissed or retrenched employee is notable. An employee who is dismissed/retrenched not...