8. Explain the disciplinary action process.

8.      Explain the disciplinary action process.

Disciplinary action process will give the different steps through which any disciplinary action should progress.  Employees must be aware of the disciplinary action process.

The policy will state when and why a disciplinary action will be taken – based on specific criteria and clear evidence.

It allows employees the right to:

·                    Be represented or accompanied by a delegate (Labour officer – Union representative – legal advisor - employee representative etc…)

·                    Know exactly what charges are made against him to be able to answer to them.

·                    Make an appeal against any disciplinary action.

There are several steps in the disciplinary action process. Below are the followings:-

Usually and depending on the gravity of the offence, in some organisations, the disciplinary procedure can start with: 

·                    Informal verbal warning  accompanied with employee’s counselling

·                    Formal verbal warning may be documented or recorded on the HR system. 

·                    A formal written warning -

·                    Suspension -  convocation in front of a disciplinary committee to answer charges.

·                    Dismissal for gross misconduct – however as per law now, employee must be given the right to answer the charges against him.

Progressive discipline enables the organisation to fairly and with substance documentation, terminate the employment of the employee who are ineffective and unwilling to improve.

First counselling: Through counselling, a written warning should be issued to explain the problem action or behaviour, etc. To advise that no further action will be taken if the issue is resolved.

·                    Second counselling: It is the same process of the first counselling but the employee is given a final warning and explains that if there is no satisfactory improvement demonstrated; the final step will be the disciplinary hearing.

·                    Suspension of the employee.

·                    Employee summoned to the disciplinary hearing, employee has the chance to express himself or herself in the disciplinary hearing. The committee takes note of the meeting and makes the recommendation to the Management of the employer.

·                    Disciplinary hearing can lead to a dismissal or maintaining the employee in his actual post depending on the recommendation of the committee.

Termination of employment is the end of the employee's duration with the employer. Termination of contract may be considered because of the following:-

·                    None-respect of the procedures of the company. ( E.g: An employee working on a cash register machine do not respect the procedures of cash takings and giving receipt to a client).

·                    Theft

·                    Gross misconduct ( E.g.: rude language, aggressive & negative attitude of an employee towards his Manager)

·                    Absenteeism (E.g. An employee who has a track record of unauthorised absences which is relatively high may find himself/herself in a difficult situation towards the company despite several written and verbal warnings. Each absence disrupts the good running of the operation. The management has the right to suspend the employee, summon him/her in a disciplinary hearing and depending on the recommendation of the committee; the employee may be dismissed for abusive absences.

·                    Damage to company property

·                    Harassment (E.g.: Verbal harassment on mobile phones or sexual harassment from male employees or vice versa).

·                    Breach of trust (E.g.: Consumption of alcohol at the premises of the company during working hours).

Whenever there is a disciplinary action taken, facts and evidence of the offence must be shown and proved.   The employee may appeal against suspension – dismissal