Managing People and Performance

BM036-3.5-3

Employee Discipline & Grievance

Lecturer: Email: Patrick Han patrick.han@apu.edu.my

Learning Outcomes

Describe ways of dealing with problematic employees Disciplinary process and termination Describe ways of dealing with employees problems

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1.0 Discipline at Work

The state of employees self control and orderly conduct. A procedure that corrects or punishes a subordinate because a rule or procedure has been violated. The purpose is to encourage employees to behave sensibly at work. Discipline is called for when one of these rules or regulations is violated.
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1.1 Cases

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1.2 Reasons for Discipline Action

Absenteeism Possession or use of drugs or alcohol Tardiness Use of abusive language or profanity Sexual harassment Falsifying employment application Racial slur Obscene or immoral conduct Falsifying company records
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Gambling Damage to or loss of machines/materials Theft Unsatisfactory performance Moonlighting Participation in prohibited strike Abusing or upsetting customers

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From Management Viewpoint

DISCIPLINE is action taken against an employee who has violated the rules of organisation or performance has deteriorated to the point where corrective action is needed.

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2 Types of Disciplinary Action

Poor job performance or conduct that negatively affects an employees performance. Eg:
Frequent or pro-longed absenteeism or negligence

Action that indicates poor citizenship Eg: Fighting, theft

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Poor Performance
Persistent poor performances will necessitate the use of disciplinary actions to rectify the problems Discipline: The state of employee self-control and orderly conduct; indicates the extent of genuine teamwork within an organisation (Mondy, Noe & Premeaux, 2002)

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QUIZ??

Minor or major misconduct? -Absenteeism -Drug use at work -Dress code at violation -Theft -Sleeping on the job -Physical assault

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Dealing with Problem Employees

There are many ways to deal with problematic employees:

Disciplinary action: The invoking of a penalty against an employee who fails to meet organisational standards or comply with organisational rules

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DISCIPLINE PROCESS

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DISCIPLINARY ACTION PROCESS

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Approaches to Disciplinary Action

The Hot Stove Rule The discipline is immediate with warning and is impersonal. Gives consistent punishment Positive Discipline A discipline procedure that encourages employees to monitor their own behaviours and assume responsibility for their actions. Progressive Disciplinary Action An approach to disciplinary action designed to ensure that the minimum penalty appropriate to the offense is imposed

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Approaches to Disciplinary Action (contd)

Disciplinary Action without Punishment A process in which a worker is given time off with pay to think about whether he or she wants to follow the rules and continue working for the company Problems of approach: - Lack of training - Loss of friendship - Fear - Time loss - Being the only one - Loss of temper - Guilt - Rationalization

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Progressive Discipline

A series of management interventions that gives employees opportunities to correct undesirable behaviours before being discharged. It increases in severity the longer the undesirable behavioural persists.

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Four Steps in a Progressive Discipline Procedure

VERBAL WARNING The employee has an unexcused absence from work. He receives a verbal warning from the supervisor and is warned of harsher punishment if it repeats. WRITTEN WARNING After another unexcused absence , he receives a written warning, This warning goes into the employees personnel file. SUSPENSION If the employee fails to show up at work for two consecutive days, he is suspended from work without pay for a week. A final warning is given alerting on possibility of termination.

DISCHARGE
If employee does not comply, he is discharged.
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OFFENCES

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Disciplinary Process and Termination

Optional step prior to formal disciplinary process:
Decision-making leave A decision-making leave is a day of contemplation that is paid and allows the employee to stay home and decide whether working in this organization is what he or she really wants to do.

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Disciplinary Process and Termination

FIVE (5) pitfalls to be avoided in the termination of an employee

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FIVE (5) pitfalls to be avoided in the termination of an employee Pitfall #1: Acceptance of poor performance
Suggestion: Do not ignore the problem, address it immediately

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FIVE (5) pitfalls to be avoided in the termination of an employee Pitfall #2: Failure to get the message through
Suggestion: Be specific about the performance problem and the consequences of not addressing it effectively

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FIVE (5) pitfalls to be avoided in the termination of an employee Pitfall #3: Performance standards are unrealistic or unfair
Suggestion: Remind employees of the fairness of the performance standard and provide documentation of the poor performance

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FIVE (5) pitfalls to be avoided in the Termination of an employee

Pitfall #4: Negative affective reactions

Suggestion: Do not let emotional reactions derail you from your missions of describing the nature of the problem, what needs to be done, and the consequences of not doing so.

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FIVE (5) pitfalls to be avoided in the termination of an employee Pitfall #5: Failure to consult Human Resources
Suggestion: Consult with Human Resources regarding legal requirement prior to termination

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Suggestions for the termination meeting:

Be respectful Get right to the point Wish the employee well Send the employee to HR Have the employee leave immediately Have the termination meeting at the end of the day

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Dealing with Employees Problems

Describe some of employee problems These problems must be dealt with properly in order to avoid demotivating the staff

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Grievance

An employees dissatisfaction or feeling of personal injustice relating to his or her employment.

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The Grievance Procedure

Common characteristics: Grievances should be addressed promptly Procedures and forms used for airing grievances must be easy to utilize and well understood by employees and their supervisors Direct and timely avenues of appeal from rulings of line supervision must exist

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Handling Grievance
Proper grievance procedures should be established and communicated to employees in every organisation

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The Grievance Procedure (contd)

Arbitration It is the final step in most grievance procedures The parties submit their dispute to an impartial third party for resolution (e.g. Industrial court in Malaysia) Must provide proof that disciplinary action needed Weaknesses of arbitration: Length of time long High cost
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Alternatives for Action Alternative dispute resolution: Termination

Employment at will Demotion as an alternative to termination Downsizing and layoffs Transfers, Resignations & Retirements

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Review Questions
1. Discuss reasons for disciplinary action. Explain with necessary examples. 2. Describe what matters you would include in a new disciplinary policy and procedure for your company and explain why you include them.

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