Beruflich Dokumente
Kultur Dokumente
CONTENTS:
1. Principles of natural justice
2. What comes up for VBOM and Staff 3. What constitutes a disciplinary issue
4. Key points to remember when dealing with 5. Preparation for decision to take disciplinary 6. Formal disciplinary stages 7. Preparation and running of disciplinary
meetings.
8. Appeals Procedure
A COURT OR TRIBUNAL WOULD LIKELY CONSIDER ANY PROCEDURES, WHICH ARE LESS BENEFICIAL TO AN EMPLOYEE, UNFAIR.
(Emphasis will be on the Employer to prove they acted fairly).
SINGLE SERIOUS INCIDENT EVIDENCE THAT A FULL AND FAIR INVESTIGATION TOOK PLACE
THE EMPLOYMENT APPEALS TRIBUNAL (E.A.T.) IN TESTING THE FAIRNESS OF A DECISION TO DISMISS, WILL MEASURE EITHER THE PROCEDURES / OR / THE LACK OF PROCEDURES
AGAINST THE STATUTORY CODE
EMPLOYERS SHOULD HAVE DISCIPLINARY PROCEDURES IN PLACE BUT ALSO NEED TO FOLLOW THESE PROCEDURES CONSISTENTLY WHEN DISCIPLINING ANY EMPLOYEE.
2. WHAT COMES UP FOR VOLUNTARY BOARD OF MANAGEMENT AND STAFF WHEN DEALING WITH DISCIPLINARY ISSUES
EXAMPLES OF MIS-CONDUCT
Consistently poor attendance / time keeping or lateness. Failure to follow procedures re sick leave or injury. Negligence in the performance of duties. Being absent without reasonable permission or excuse. Deliberate breach of safety rules. With holding of info which obstructs the work of the project. Bringing the organisation into disrepute. Breach of confidentiality. Consistent non-co-operation with other staff, direct supervisor or VBOM. Breach of the organisations policies and procedures Miss-use of computer / email / internet in projects time
4.1 At the core of any project is the need for satisfactory standards of performance and behaviour from all staff. Staff should be informed o what is acceptable during their induction period.
4.7 It is important to always have two project representatives in attendance. 4.8 At all stages it is important to discuss and / or seek legal advise from your solicitor.
4.9 Boundaries between managing performance and taking disciplinary action are often confused. If attendance, timekeeping or competency levels slip, and no action is taken, employees may assume that such behaviours are ok. It is therefore important to take informal action on early indicators and provide feedback on what is acceptable and unacceptable behaviour or performance.
4.10 As a result, performance levels will be back in line more quickly and the project can build on the strengths and the positive relationship with the employee. This reduces the incidence of using the formal elements of the disciplinary procedure.
4.11 In some cases it may be necessary to use the disciplinary procedures and this should not be considered a failure on the part of the project.
4.12 Legal protection for unfair dismissals comes into force at the end of one years service. 4.13 The employee must always be kept informed in writing of what is happening and be clear after leaving each disciplinary meeting what the implications are if improvement does not happen. 4.14 It is important to know how to use the probationary period to deal with poor performance, breaches of procedures or poor selection decisions at the early stages.
4.15 However, employers are required to provide all employees with details of the disciplinary procedures within 28 days of starting work.
5. HOW YOU NEED TO PREPARE BEFORE MAKING THE FINAL DECISION TO INSTIGATE DISCIPLINARY PROCEDURES
5.1 WORK WITH RSA / SEEK LEGAL ADVICE 5.2 GATHERING INFORMATION:
Such as collating the evidence of poor performance re supervision records, time sheets, operational plans / targets set and not met etc..
5.4 ASSESSMENT IF THERE IS ADEQUATE GROUNDS FOR DISCIPLINARY ACTION REMEMBERING TO TAKE INTO CONSIDERATION THE FOLLOWING:
That Projects standards have been made clear. Rules, regulations, and procedures have been defined. Employee has been made aware of the disciplinary procedures. Has the disciplinary procedure been used to address a similar issue in the past. The employee has previously been told that they have to improve on performance.
BEFORE GIVING THE 1st VERBAL WARNING THE EMPLOYEE SHOULD BE:
Told that their work / behaviour has fallen below an acceptable level and be made aware that this is unacceptable.
This should be recorded at a support and supervision meeting and employee has the right to see it etc. Advised of how improvements can be made and given a period of time to improve their work / behaviour / attendance. Informed of the likely consequences if there is a lack of improvement i.e. Formal disciplinary procedures
Given adequate notice of any subsequent meetings and informed of their right to bring someone with them
IF THERE IS NO IMPROVEMENT BY THE DATE SET FOR THE NEXT REVIEW THE PROJECT WILL MOVE ONTO STAGE 2: First Written Warning
STAGE 4: DISMISSAL
DISMISSAL SHOULD BE CONFIRMED IN WRITING AND SHOULD BE WITHIN THE TERMS OF THE MINIMUM NOTICE AND TERMS OF CONDITIONS ACT. THIS LETTER SHOULD ALSO STATE THE GROUNDS FOR THE ACTION TAKEN.
8. APPEALS PROCEDURES