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Jayadeva de Silva
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Introduction '
Management is the process of efficientlygettingactivities completedwith and through otherpeople.
The Management process includes planning,organizing, leadingand controllingactivities thattake place to accomplish objectives.
People vs Other factors
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HR Function
Recruitment, Selection, Development, Motivation,Retention
Obtaining the services of people, preparing them,
activating them and keeping them. Discipline Misconduct Punishment is about,
-activating
-retainingor not retaining people
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Understanding what discipline is
all about
The standard of performance the company expectsfrom the worker is Discipline.
Performance is also a kind of behaviour.A kind of behaviour that is expected by the
organization.
Assume that employee performance is a function of his
skill and motivation. (P = S X M). Some workers will not provide the accepted behavior
even if they have the skill and motivation.
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Right kind of people, in the right number, in rightplaces, at the right time is part of Human Resource
Planning (HRP).Attracting and retaining the right persons to the
organization is important
But onlythe right persons
Human ResourcesDicsiplinary
Control
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What about wrong Persons ?What about wrong persons ?
Reform or Rejected
Let us look at the next picture
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Keep them Informed Employees are informed about Discipline through
Letter of Appointment
Disciplinary Code Employee Hand book
Notices
Circulars etc.
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Now Let uslook at somecases
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Sri Lankan Ports Authority Vs Balin Silva
A workman was absent on 3 earlier occasions and dulywarned and punished in terms of the Circular. 4thtime he
was terminated. The L.T. held that it was two harsh a punishment and that
the Circular was enforced discriminately.
The Court of Appeal found no grounds that the Circularwas applied discriminately and termination was up held.
Court of Appeal held that the Circular should be strictlyapplied in order to maintain discipline among such a large
group of employees. There were around 15, 000 employees.
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What are Expressed and Impressed
conditions of Employment ? Conditions of employment
expressed.
implied
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Discipline-Misconduct-Punishment External Force- Punishment
Eg. An employee who is habitually late (a behavior
which is not accepted) is punished (externaldisciplinary force),
So that his behavior is modified.
This is an issue that involves discipline, misconduct
and punishment.
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What is Discipline ? DISCIPLINE
Discipline is simply good behaviour. A situation wherethere is no issues, disordered, chaos, confusion,
disobedience, misconduct etc. It is the expected standardof behaviour of employees, which is required for anorganisation to function in an orderly and legal manner.
The conduct, expected by the organization ( Silva 1995)
The term discipline refers to a conditionin theorganisation. When employees conduct themselves inaccordance with the organizations rules and standards ofacceptable behaviour. ( De Cenzo and Robbins 1999)
Discipline is about Expected Behavior standards
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In other words.. The word discipline is synonymous with the words
regulation,
order, control,
restraint,
obedience
authority
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Let us look at
some more
definitions ofDiscipline
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Practice of controlling the employees through strict lawsand punishing them when they are violated.
Method of encouraging employees to behave in accordancewith the standards created by the organization
Training that is used to have organisation regulationsenforced.
Official instructionsgiven by the organisation as to whatan employee should do and should not do. Eg. Workshould commence at 8.15 A.M. daily
Objective of discipline is to encourage workers to behave ina sensible manner.
Behave in a sensible manner
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Why do we needDiscipline ?
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From a case The Ceylon General Workers Union Vs Wellawatte
Spinning and Weaving Mills Limited
It was observed
I consider a quarrel amongworkman a serious matter and deserves the highestreprimand . If workman cannot settle their affairspeacefully it will eventually end in a breakdown or atleast destruction the smooth flow of work in the workplace
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To.. To regularize the behavior of the employees.
smooth and efficient functioning of an Organization,
To preserve organizations rules and regulationswhich are made to achieve objectives.
As a part of the controlling function in Management,
For the health and safety of workers prevent accidents
To build a mutual co-operation amongst workers.,
To co-ordinate different departments of theOrganisation,
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EDMWhat is meant by Employee
Disciplinary Management(EDM)?
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EDM ..It is the systematic procedure of
creating, promoting and maintaining
employee discipline so that goals andobjectives of the Organization areaccomplished..
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Components of EDM policy statement.
the rules and regulations,
Why so authority
Awareness .
Monitor violations.
Punishment
Reviewed and revised .
Creating Awareness .
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Explain. Explain the Terms
-Preventive Discipline and
-Corrective Discipline
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Preventive Disciplining Employees Before-Preventive
Discipline
intended to prevent any rule violation
A proactive approach.
HR Department can help to create awarenessprogrammes. create a preventive disciplinary culture in
the organization
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Corrective Disciplining Employees After - Corrective
Discipline
after a breach of a discipline
prevent any future rule violation.
A reactive approach.
fire - fighting
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+ and -Positive and negative
Approaches toDiscipline
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++++++++ Positive Approach to Discipline
Not personal.
Rejects the misconduct not the employee. To reform
Employees are bound to make mistake
- Way forward in HRM
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- - - Negative Approach to Discipline
Personal.
Rejects Employee not the misconduct. To take revenge,
Employees should not commit any mistake
-Way back wards in HRM
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Hot Stove What is Hot Stove principle ?
When one touches a Hot Stove, the result is instantitburns. People know that if one touches a Hot Stove he /she
burns up. This is a warning. The result of touching a Hot Stove does not change From
time to time there is a consistency of the result, i.e. eachtime it is touched, there will be burning.
Further the degreeof the burn depends on the durationyou keep touching it,
Finally the result is not personal. However, touches getburnt irrespective of, gender, age or statues
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Application.Application of Hot - Stove principle to Punishment
instant. Response
Warning Prevents Consistency is crucial
Degree Gravity
personal, No luck
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Note In the case of The Ceylon Plantation Workers
Union Vs Superintendent Baddegama Estate
It was held that (Our courts have repeatedly held) thefact that an employee occupies an important positionin his union doesnt entitle him to any immunity frompunishment or different treatment in the matter ofpunishment
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Be Positive
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Be positive -What is meant by Progressive Discipline ?
oral warning,
1stst warning,
2ndwarning,
Final warning
2ndFinal warning Termination
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Be positiveCounseling Approach for Discipline
identify the causal effect.
Use counseling techniques-listen one individual uses a set of techniques or skills to help
another individual take responsibilityor and tomanage their own decision making whether it is work
related or personal E.g. an employee being late for work regularly
Eg Good employee absent regularly as of late
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How to givefeedback to
employees?
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Sandwich Model of giving feedback
Your punctuality is excellent +
but you always report 15 to 30 minutes late after thelunch break that affects our operation -
If not you are our most productive worker +
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MisconductWhat is MISCONDUCT ?
The word Misconduct is synonymous with the words,Misdemeanor, delinquency ,transgression bad
behaviour, misbehaviour, and wrong doing ,offence etcAs per the case of Shalimar Rope Works Mazdoor
Union Vs. Shalimar Rope Works Ltd. (1953) ..
. An act should be regarded as an act of misconduct
if it is inconsistent, with the fulfillment of expressorimplied conditions of service or if it has a materialbearing on the smooth and efficient working of theconcern
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Why does a person
misconducts himselfor herself ?
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Why does a person misconducts himself or herself
economic,
environment natural inclination to misconduct,
unsuitable working conditions,
bad management
deviation from past practices,
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denial or neglect of known issues
sudden provocation,
conflict of interest or values, Psychological reasons,
individual styles, disorganization,
selfish interest, ulterior motives or
malicious intent, disparity in relative skills, etc
conflict if not resolved lead to misconduct.
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Situations Misconduct Arises ..
Attendance,
On the JOB behaviors. Dishonesty,
Out side activities.
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Gravity of the Incident GRAVITY
Position held by the employee
In the case of H.G. Jayasekera vs The Ceylon
Transport Board,a Conductor attempted fraud ofRs.1.40. The Court, taking into consideration thenature of the business which was transporting peoplefor money and the employees position, the Court held
that as such the employee, being the conductor whois in charge of collecting the money should acthonestly. Hence, this was considered a grave act ofmisconduct
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Gravity. The Nature of the Business
In the case of Ceylon Mercantile Union vs Bartleet andCompany, the employee was found trying to remove 16 ouncesof tea. The Employees Union was going on the basis that, as thequantum is small, it is not a grave act of misconduct, but theCourt held that the nature of the business was producing tea and
what the employee stated was the main produce. Hence, it was agrave act of misconduct.
In a similar case LEWU vs The Superintendent Glen Alpin
Group an employee who has worked for 36 years wasterminated for having take 5-6 ounces of tea without theemployers permission.
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E code says The Establishment Code E-code states that the
seriousness of the misconduct must be judged notonly by the Act itselfbut in relation to the office
held by the person concerned and thecircumstances surroundingit (p.66 Vol. II).
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Keeping away from work Absenteeism
Absenteeism becomes a misconduct when it is habitualand without authority. In the case of All Ceylon
Commercial and Industrial Workers Union VS GeneralIndustries Limited it was held that chronic absenteeismstrikes to the very root of production , and employercannot reasonably expected to tolerate such behaviorbeyond certain point .
In the case of Bawa Crockery House Limited VsBhoumik the courts held thatabsence of the workmanfor half a day without justification is not misconduct. It hasto be habitual and continues.
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Getting late Late attendance
Perera Vs The Insurance Corporation of Ceylonitwas held that Repeated Unpunctuality is seriousbreach of duty
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Being Negligent. Negligence
in the case of Lever Bros Eksath KamkaruSamithiya Vs Lever Bros (Ceylon). The Supervisor
in charge of certain machinery was found sleeping onduty at his work station.
The machines should be attended to all the time if notthere could be serious damage caused to the workers
and property. The supervisors conduct was considered as an act of
negligence
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Disobeying. Disobedience,
It was held in Premadsa Rodrigo Vs CeylonPetroleum CorporationThe person issuing arelevant order must have the authority to do so ,if notthere can be no disobedience .Order must be clear,positive and unambiguous.
It was held in Equipmentand ConstructionCompany Vs Cooray that Refusal to obey reasonableorders is a misconduct
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AbusingAbuse ,
In the case of Wanija Ha Karmika SewakaSangamaya Vs Ceylon Glass Company Hooting,jeering and humiliating an executive is a misconduct.
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Assaulting..Assault,
In the case ofPiyasena VS BattaramullaTalangama Town Council it was held thatAssaulting a superior officer even outside the premisesand out of working hours is a grave misconduct
In thecase ofCeylon Mercantile Union vsM.D.Gunasena and CoLtd., it was held thatAssaulting a fellow employee is misconduct
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Being dishonest. Dishonesty It was held in the case of The CMU vs M.D. Gunasena and co
limited alteration of a medical certificate amounts tomisconduct
Iin the case ofNidahas Karmika Saha Velanda SevakaVurthiya Samithiya vs K.W. Susiripalait was held thatDiverting the employers customers to a business rival wasmisconduct.
In the case of The CMU Vs The British Electric Co Ltd it washeld that Conspiracy to ruin the employers business, ismisconduct .
In the case of Charted Bank of India Vs Patelit was held thatdisclosing confidential information relating to the employersbusiness, was a dishonest act.
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Being drunk Drunkenness. It was observed In the case of Cloustan & Co Limited Vs
Corry The intoxication may be habitual or gross and
directly interfere with the business of the employer or theability of the servant to render service.
Or
it also could be an isolated act committed undercircumstances of festivity and in no way connected with or
effecting the employers business , hence it depends on thequestion of fact .
In the state sector consumption of liquor in violation of acircular has been held as a serious misconduct
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What are THE ASPECTS
TO BE COVERED BEFOREDISCIPLINARY ACTION ISINITIATED?
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InJeewandarage Dayawathi Vs Pugoda Textiles Limitedthe workman a Machine Operator was dismissed for thieving 03pieces of cloth
period of service ( 8 years ),
the first act of misconduct, negligible value of the pieces of cloth. The workman was a cancer patient undergone surgery on several
occasions LT she was reinstated without back wages on one year probation.
High Court reversed the decision of the LT, but the Supreme Court restored the order of the LT.
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1. Seriousness of the problem
eg Dishonesty is usually considered most seriousthan reporting to work 20 minutes late.
2. Duration of the problem
eg.The first occurrence is usually vieweddifferently than the 3rd or 4th offence.
3.Frequency and nature of the problem Eg. Is there a pattern in the occurrence which
could be identified
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4..Employees work history
Eg. How long, quality of the service, does he have astrong track record, period of service in the
organization. Good and bad
5.Explanatory factors
Eg. A person who gets late to report to work on a
particular day due to his child being ill should be dealtwith leniently than a person who is late due to oversleeping
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6.Degree of Socialization
Eg. Does the employee know the rules andregulations, is he comparatively a new employee who
has had not the time to familiarize with the rules andregulations. Has the management made an effort,create awareness
7.History of the organizations discipline practice
Eg. Equiity demands consistency against some relevantbench mark
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8. Implication for other employees
Eg. There is little point to taking a certain actionagainst the employee if it has a dysfunctional affect on
others in the Unit 9. Management backing
Eg. If the employees decide to take case to a high levelin management will you have reasonable evidence to
justify your decision Individual disputes may lead to Collective disputes.
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Punishment
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PUNISHMENT
Sri Laxshmi Saraswathi Motor Transport Co VSLabour Court. A workman who was an office bearer
of a union had 17 years of service and a clean record. One day he was found guilty for the delay in
transmitting some documents from the employersbranch office to the head office and he was dismissed.
The worker admitted that it was his fault but said thatit was due to forgetfulness.
The Court held that the punishment was grosslydisproportioned with the misconduct.
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Types of Punishment Types of Punishment Oral warning, Written warning
Fine or recovery of damages Suspension without pay Transfers Stop, reduce or delay wage increments Demotion Compulsory retirement Termination of service
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Rules of naturaljustice
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Rules of Natural Justice ?In English law,natural justice for
the rule against bias (nemo iudex in causa sua)
Distributive Justice
and
the right to a fair hearing (audi alteram partem).-Procedural Justice
http://en.wikipedia.org/wiki/English_lawhttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Audi_alteram_partemhttp://en.wikipedia.org/wiki/Audi_alteram_partemhttp://en.wikipedia.org/wiki/Audi_alteram_partemhttp://en.wikipedia.org/wiki/Audi_alteram_partemhttp://en.wikipedia.org/wiki/Audi_alteram_partemhttp://en.wikipedia.org/wiki/Audi_alteram_partemhttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/Nemo_iudex_in_causa_suahttp://en.wikipedia.org/wiki/English_law -
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Sample of a HR
Policy on Discipline
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