Discipline &Grievances.pptx 1[1]

8/3/2019 Discipline &Grievances.pptx 1[1]

1/21

DISCIPLINE & GRIEVANCES

Select an organization and outline how discipline andgrievances are handled.

Does this organization deviate from general principles in

solving discipline and grievances?

How can the selected organization improve on the current practices?

1


2/21

DEFINITIONS

DISCIPLINE-*Is the practice of training people to obey

rules or a code of behavior/controlledbehaviour resulting from such training.

Workplace discipline -is company action against an employee .

*From the Concise Oxford English Dictionary

2


3/21

GRIEVANCE

-*Is the real or imagined cause for complaint.

Grievance Procedure -encourages consistency, transparency and fairness

in the handling of workplace problems orcomplaints. It should allow the employer to seek

an informal resolution where appropriate but allow for more formal proceedings should thecircumstances demand.

*From the Concise Oxford English Dictionary

3

DEFINITIONS


4/21

STRUCTURE OF THE TYPICALGRIEVANCE PROCEDURE

The number of stages and the time allotted between stageswill depend on the individual establishment. They shouldneither be too numerous nor too long if they are to avoidfrustration. The procedure should be in writing and shouldindicate-

that the grievance be normally discussed first by the workerand his immediate supervisor commonly referred to as the"first stage";

that if unresolved at the first stage, the grievance be referredto the department head, and that the worker delegate mayaccompany the worker at this stage-the second stage, if theworker so wishes;

4


5/21

STRUCTURE OF THE TYPICALGRIEVANCE PROCEDURE cont

that if the grievance remains unresolved at the second stage,it be referred to higher management at which stage it isadvantageous that the worker be represented by a unionofficer; this is the third stage;

that on failure to reach agreement at the third stage theparties agree to the reference of the dispute to conciliation bythe Ministry of Labour and Employment;

a time limit between the reference at all stages;

an agreement to avoid industrial action before the procedureis exhausted.

Labour Relations and Industrial Disputes Regulations, 1975.

5


6/21

STRUCTURE OF THE TYPICALDISCIPLINARY PROCEDURES

Disciplinary procedures should be agreed between management andworker representatives and should ensure that fair and effectivearrangements exist for dealing with disciplinary matters. The procedureshould be in writing and should-

specify who has the authority to take various forms of disciplinary action,and ensure that supervisors do not have the power to dismiss without reference to more senior management;

indicate that the matter giving rise to the disciplinary action be clearlyspecified and communicated in writing to the relevant parties;

give the worker the opportunity to state his case and the right to beaccompanied by his representatives;

provide for a right of appeal, wherever practicable to a level of management not previously involved;

be simple and rapid in operation.6


7/21

STRUCTURE OF THE TYPICALDISCIPLINARY PROCEDURES cont.

The disciplinary measures taken will depend on the nature of the misconduct. But normally the procedure should operate as follows-

the first step should be an oral warning, or in the case of more serious misconduct, awritten warning setting out the circumstances;

no worker should be dismissed for a first breach of discipline except in the case of gross

misconduct;

action on any further misconduct, for example. final warning suspension without pay ordismissal should be recorded in writing;

details of any disciplinary action should be given in writing to the worker and to hisrepresentative;

no disciplinary action should normally be taken against a delegate until thecircumstances of the case have been discussed with a full-time official of the unionconcerned.

Labour Relations and Industrial Disputes Regulations, 1975.

7


8/21

THE URBAN DEVELOPMENTCORPORATION

GENERAL MANAGER

CLERICAL OFFICER DRIVER LIFE GUARDS/ TOUR

GUIDES

DEPUTY GM HUMANRESOURCES

DIRECTOR OF SALES& ATTRACTIONS

SUPERVISOR

8


9/21

THE GRIEVANCE PROCEDURE

9


10/21

STAGES & TIMEFRAMERefer to the immediate Supervisor no later than five (5) working daysof the incident .The supervisor then has five (5) working days toinvestigate & resolve the problem.

Refer to Head of Department who has seven(7) working days to furtherinvestigate & resolve the problem.

Reference to Divisional Head who has seven (7) working days toinvestigate & resolve the problem.

Reference to the Director Human Resource Department afterconsultation with the DGM-Operations & the General Manager , mayadvise a negotiated settlement.

Conciliation (Ministry of Labour)within seven(7) days after terminationof discussions with the corporation.

Arbitration (or reference to the Industrial Disputes Tribunal by theMinistry of Labour)

10


11/21

UNIONIZED EMPLOYEES

IN THE CASE OF UNIONIZED EMPLOYEES,WHERE THE COLLECTIVE LABOUR

AGREEMENT ADDRESSES THEHANDLING OF EMPLOYEE GRIEVANCES,

THE AGREEMENT SHALL GOVERN

THESE PROCEDURES.

11


12/2112


13/21

MINOR OFFENCES

First offence- Warrants a verbal warningSecond offence- Written warningThird offence- Suspension( minimum 5-maximum 10 days)Fourth offence- Dismissal

Damage to the corporations property and failureto report said damage- warrants suspension fora first offence and dismissal for a second.

13


14/21

MAJOR OFFENCES

For some offences the only recourse isthe immediate dismissal of the offendingemployee.

For the others a first offence warrants asuspension (minimum 10- maximum

20days)-second offence warrants an immediatedismissal.

14


15/21

UNIONIZED EMPLOYEES

These guidelines outlined shall govern allcategories of employees except in those

instances where a collective labouragreement specifically addresses the

matter of a disciplinary code and

procedures.

15


16/21

HOW DOES THE UDC DIFFER FROMTHE EXPECTED STANDARDS?

GRIEVANCE PROCUDUREStages are too many & time allotted toolong(resulting in frustration)

Having a representative present not mentioneduntil the fourth stage

Most employees are not unionized therefore norepresentative available

At the 4 th stage no time limit to resolve matter isspecified

16


17/21

HOW DOES THE UDC DIFFER FROMTHE EXPECTED STANDARDS?

DISCIPLINARY PROCEDUREIt does not state who has the authority tocarry out disciplinary action

The employees right to state his case isnot noted

The employees right to appeal is not stated.

17


18/21

WAYS IN WHICH THE UDC CANIMPROVE ITS PROCEDURE

GRIEVANCE1. Less stages to avoid the drawn out

process2. Ensure that all stages have a timeframe3. Ensure that the procedure are in keeping

with the laws of the country4. Representation is available to employees

at the relevant stages

18


19/21

WAYS IN WHICH THE UDC CANIMPROVE ITS PROCEDURE

DISCIPLINARY PROCEDURE1. Clearly state who has the authority to

conduct disciplinary actions

2. It should be stated in their Policy andProcedural manual that the employeehas the right to state his /her case and orappeal disciplinary action taken.

19


20/21

WE HOPE THIS PRESENTATION HASBEEN EDUCATIONAL.THANK YOU.

20


21/21

THE END

21

Documents

Discipline &Grievances.pptx 1[1]