LILY BETH N. ANGELES (Presenter) MaEd- EdMa EDMA 502 Human Resource Management and Development 7.

1 Discipline 7.2 Disciplinary Procedure Discipline is a force that prompts individuals or groups to observe the rules, regulations and procedure which are essential for the effective functioning of an organization. A tool used by managers to improve poor performance and enforce appropriate behavior to ensure a productive and safe workplace. TWO SIDES OF DISCIPLINE Discipline can be either positive or negative. Positive discipline - Positive discipline involves creation of an atmosphere in the organization whereby employees willingly conform to the established rules and regulations. Positive discipline can be achieved through rewards and effective leadership. Negative discipline - Involves imposition of penalties or punishment to force workers to obey rules and regulations objective is to ensure that employees do not violate the rules and regulations. Negative disciplinary action involves such techniques as fines reprimand, demotion, layoff, transfer, etc. negative discipline does not eliminate undesirable behaviour, it merely oppresses it. Causes of Indiscipline Unfair Management Practices: Absence of Effective Leadership: Communication Barriers: Inadequate attention to personnel Problems: Victimization: Absence of Code of Conduct. What should rules cover? Different organizations will have different requirements but rules often cover
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such matters as: timekeeping (tardiness) absence (absenteeism) health and safety use of organization facilities discrimination, bullying and harassment performance o Low Productivity o High error rate o Repetition of specific error personal appearance the types of conduct that might be considered as 'gross misconduct' Misconduct means dereliction of duty or unlawful or improper behavior. Misconducts are acts or conducts of employees prohibited under the employee disciplinary rules. What is gross misconduct? ACAS define gross misconduct as generally seen as misconduct, serious enough to overturn the contract between the employer and the employee thus justifying summary dismissal. Acts which constitute gross misconduct must be very serious and are best determined by organizations in the light of their own particular circumstances. However, examples of gross misconduct might include: theft or fraud physical violence or bullying deliberate and serious damage to property serious misuse of an organizations property or name deliberately accessing internet sites containing pornographic, offensive or obscene material serious insubordination unlawful discrimination or harassment bringing the organization into serious dishonor Intoxicated serious incapability at work brought on by alcohol or illegal drugs causing loss, damage or injury through serious negligence a serious breach of health and safety rules Conflict of Interest
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Falsification of public documents

Disciplinary Styles:
1. Punitive - that disciplinary action is needed to punish a person

for failing and punish subordinates who are less than perfect, which, of course is everyone. There is increasing evidence that the punitive approach to discipline instills fear and anger, but not increased productivity or changed behavior punitive discipline, which stresses intimidation and punishment, fails to address the root causes of misbehavior or poor performance Arbitrator Cromwell in National Gypsum (Canada) Ltd. and I.B.E.W., Local 721/721B (1990), 10 L.A.C. (4th) 59, at p.74: The supervisor should take corrective disciplinary action to eliminate or minimize poor performance of an employee and minimize its negative effects upon the morale of the other employees. Disciplining an employee is never a pleasant task, and it is often difficult to know just what action to take under the different circumstances. Disciplinary action should be resorted to only when all other measures have failed.

2. Corrective - Corrective discipline is best described by

3. Arbitrary - : depending on individual discretion (as of a judge)

and not fixed by law <the manner of punishment is arbitrary > not restrained or limited in the exercise of power : ruling by absolute authority <an arbitrary government> marked by or resulting from the unrestrained and often tyrannical exercise of power <protection from arbitrary arrest and detention>
4. Lax

When supervisors are lenient or lax in enforcing discipline, employees are apt to take advantage of, and abuse such leniency. Disciplinary Actions (in the order of severity, from mild to severe) The Hot-Stove Rule
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The Hot Stove Rule of Douglas McGregor gives a good illustration of how to impose disciplinary action without generating resentment. This rule draws an analogy between touching a hot stove, and undergoing discipline. When you touch a hot stove, your discipline is Immediate with warning consistent, and impersonal.

Oral reprimand Written reprimand Loss of privileges Fines Layoff Demotion Discharge

Why have a disciplinary procedure? A disciplinary procedure is the means by which rules are observed and standards are maintained. The procedure should be used primarily to help and encourage employees to improve rather than just as a way of imposing punishment. It provides a method of dealing with any apparent shortcomings in conduct or performance and can help an employee to become effective again. The procedure should be fair, effective, and consistently applied. Step 1: Cases involving misconduct of a minor nature are usually best dealt with informally by the line manager. Having first communicated to the employee the purpose of the meeting, the line manager will have an informal discussion with the employee to ensure they are clear of the following points: Step 2:These written warnings may be used when the verbal warning(s) fail(s) to produce the required results or where stronger action than a verbal warning is required. Step 3: Final Written Warnings: This step may be used where previous verbal and written warnings had failed to
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produce required results and/ or where stronger action than the abovementioned is required. Step 5: A demotion is a compulsory reduction in an employee's rank or job title within the organizational hierarchy of a company, public service department, or other body. A demotion may also lead to the loss of other privileges associated with a more senior rank and/or a reduction in salary or benefits. Step 4: Dismissal This step may be used where previous written warnings have failed to produce required results or stronger action than either First or Final Warnings are necessary due to the seriousness of the offence. Arbitration, a form of alternative dispute resolution (ADR); method of settling disputes. There are two types of Arbitration: 1. Voluntary Arbitration 2. Compulsory Arbitration Voluntary Arbitration is a binding, adversarial dispute resolution process in which the disputing parties choose one or more arbitrators to hear their dispute and to render a final decision or award after an expedited hearing Compulsory Arbitration is a non-binding, adversarial dispute resolution process in which one or more arbitrators hear arguments, weigh evidence and issue a non-binding judgment on the merits after an expedited hearing. The arbitrator's decision addresses only the disputed legal issues and applies legal standards. Either party may reject the ruling and request a trial de novo in court.