...Discipline and grievances at work The Acas guide We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today’s employment relations issues – such as discipline and grievance handling, preventing discrimination and communicating effectively in workplaces. Make the most of our practical experience for your organisation – find out what we can do for you. We inform We answer your questions, give you the facts you need and talk through your options. You can then make informed decisions. Contact us to keep on top of what employment rights legislation means in practice – before it gets on top of you. Call our helpline 0300 123 1100 for free confidential advice (open 8am-8pm, Monday to Friday and 9am-1pm Saturday) or visit our website www.acas.org.uk. We advise and guide We give you practical know-how on setting up and keeping good relations in your organisation. Download one of our helpful publications from our website or call our Customer Services Team on 0300 123 1150 and ask to be put you in touch with your local Acas adviser. We train From a two-hour session on the key points of new legislation or employing people to courses specially designed for people in your organisation, we offer training to suit you. Go to www.acas.org.uk/training to find out more. We work with you We offer hands-on practical help and support to tackle issues in your...
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...GUIDELINES FOR DISCIPLINARY PROCEDURE - CONTENTS Chapter 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Item Discipline and Indiscipline Acts of Misconduct Report of Misconduct Flow-chart of Disciplinary Proceedings Preliminary Enquiry Principles of Natural Justice Charge-sheet Suspension Domestic Enquiry Penalties Appeal and Review Annexures Page No. 96 97 98 99 102 103 104 107 109 117 122 123-153 Policy Manual CHAPTER-1 DISCIPLINE AND INDISCIPLINE 1.1 Discipline means orderly behaviour - It means voluntary and willing compliance of rules and regulations and instructions and also development of right habits of conduct in work with others at the work-place. Why do we want Discipline? (a) Discipline is essential in any organisation for improving the employee morale as well as to increase the productivity which is the ultimate goal of any organisation. Discipline is of utmost importance for harmonious working with a view to achieve Company’s objectives. It is moral responsibility of the employer not to allow the minority of employees who are indisciplined to affect the life of majority. 1.2 (b) (c) 1.3 How does Indiscipline arise? In most of the cases, indiscipline of a worker is the expression of his reaction to his environment. Usually the causes of indiscipline are : (a) (b) (c) (d) (e) Lack of awareness of Company’s rules and regulations; False promises made by superiors; Absence of any procedure to handle grievances; No action taken when required; Personal...
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...CHAPTER-1 DISCIPLINE AND INDISCIPLINE 1.1 Discipline means orderly behaviour - It means voluntary and willing compliance of rules and regulations and instructions and also development of right habits of conduct in work with others at the work-place. 1.2 Why do we want Discipline? (a) Discipline is essential in any organisation for improving the employee morale as well as to increase the productivity which is the ultimate goal of any organisation. (b) Discipline is of utmost importance for harmonious working with a view to achieve Company’s objectives. (c) It is moral responsibility of the employer not to allow the minority of employees who are indisciplined to affect the life of majority. 1.3 How does Indiscipline arise? In most of the cases, indiscipline of a worker is the expression of his reaction to his environment. Usually the causes of indiscipline are : (a) Lack of awareness of Company’s rules and regulations; (b) False promises made by superiors; (c) Absence of any procedure to handle grievances; (d) No action taken when required; (e) Personal frustrations and misunderstandings. There could be many other different reasons for indiscipline depending upon individual differences. 1.4 Corrective and Punitive action Since any case of indiscipline is basically a behavioural problem, it is necessary that before taking any punitive action, all efforts should be made to improve the behaviour of the employee by correcting him through education, counselling...
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...Employee Privacy and Discipline Adrian Perez Alejandro Perez Gustavo Montemayor Yesenia Sanchez Texas A&M International University In all parts of the world good discipline, in the workplace, results in good conduct. Discipline, in definition, allows for the instruction of employees to act in accordance to the rules of an organization. In the workplace we have always had employers enforce the concept of discipline for one major reason, proper work behavior. However, when it comes to out-of-work discipline, the circumstances become more difficult for employers to manage. The following will focus on the out-of-work behaviors of the employees when illegal and legal actions take place and whether employer discipline applies. First, we concentrate on the out-of-work illegal behavior. Employees work does not always represent or justify their out-of-work actions or their out-of-work actions do not always represent or justify their work. When concentrating on the illegal actions of an employee, employers must first determine whether the crime committed can or will affect the company, co-workers, and/or customers. If the employee commits a crime in which jail time is granted employers really do not struggle in terminating this employee. If it does not result in jail time the employer must justify that the employee who committed the crime is in fact in a position where his actions portray any potential risk to the company and therefore could be terminated for the employee’s...
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...Problems with employees may arise from time to time in even the best-run business so discipline consideration should be enforced and punishment should be given to those who are perceived to have broken them (Edward, 2000:319).The statutory legislation to perform a rules for employees to maintain the order of the at their workplace, so the employee is bounded to obey the discipline imposed at his workplace, thus being created a specific subordination between the employer and his employees (Vieriu,2009). Every company must establish a discipline procedure because it can produce a controlled performance between employer and employee as a guidance of their own talent and resources (Torrington, Hall, and Taylor, 2002, p.528). ACAS disciplinary procedure is the one rule that help and encourage all workers to achieve and maintain standards of conduct, attendance and job performance to ensure consistent and fair treatment between employer and employees. Extract from (Disciplinary rules and procedures, 2004, para.60), a good disciplinary procedure should: * Be put in writing and tell employees what mistake they do. * Say to whom they apply and note them orally especially those difficult in langue problem. * All the issue will deal without undue delay and promptly. * All relevant information will be kept as confidential. * Explain to employees what disciplinary action might be taken and let them know about the authority disciplinary action decision will be act by...
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...In the study of law and economics, an employee-at-will can be terminated at any time for any reason or no reason without incurring any legal liability however, with a few exceptions and the protections afforded by federal law. Likewise, the employee-at-will doctrine is equally applied allowing an employee to leave a job at any time without reason and with no adverse consequences. To mitigate some of the harsh consequences associated with the employee-at-will doctrine, some common law exceptions were put in place: public policy exception, implied contract exception, and covenant-of-good-faith and fair dealing exception. Public policy exception protects against wrongful discharge inconsistent with state policy, implied contract exception occurs...
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...16th May 14 Word Count: 2700 08 Fall Table of Contents Introduction 3 Recruitment of Restaurant Head Chef 4 Induction Program 6 Discipline and Grievance Procedure 7 Successful Work Life Balance 9 Reward Scheme 10 Appendix A – 12 Selection process: 12 Appendix B – 13 Job Advertisement 13 Appendix C – 14 Induction Plan 14 Appendix D – 15 Discipline and Grievance Procedure 15 Discipline Procedure 15 Stage 1 – first warning 15 Stage 2 – final written warning 15 Stage 3 – Dismissal 16 Gross Misconduct. 16 Appeals 16 Grievance Procedure: 16 Dealing with grievances informally 16 Formal grievance 16 Grievance hearing 17 Appeal - 17 Introduction A sound, well structured recruitment program starts with proficiencies, cognizance, motivations and behaviours that reflect the requirements of the job. Selection and recruitment is a two way process in which the organisation and candidate both have decisions to make. As the owners preference is an emphasis on the need to provide high quality of service and “an employer of choice” it is pertinent to realise that adopting a strong recruitment procedure is paramount to recruiting the best candidate for the role (Ray French, 2010). As this will be a developing project, and will be formed by the reaction of its customers, employee qualities will have to reflect the needs of the hotel. (See appendix A for suggested recruitment plan). Recognising the importance of the local community as...
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...Employee Relations Program HRM531 PR – Human Capital Management in Puerto Rico University of Phoenix May 8, 2012 Employee Relations Program According to Mondy (2007) to ensure that workers with the proper skills and experience are available at all levels, constant and concerted efforts are required to maintain good internal employee relations. Internal employee relations comprise the human resource management activities associated with the movement of employees within the organization. These activities include promotion, transfer, demotion, resignation, discharge, layoff, and retirement. Discipline and disciplinary action are also crucial aspects of internal employee relations. In addition an employee’s relations include a compensation program, a dispute resolution program, a performance management program, and a labor relations program. For employees one important aspect is to be properly compensated; that is been paid according to his productivity and performance, and to value the KSA she or he brings to the organization. A method of accomplishing this is by ensuring salaries are competitive when comparing with other companies or competitors; linking their performance with a rewards system, and rewarding those employees who meets productivity goals. All these efforts promote enthusiasm, high performance and productivity. At a minimum good compensation program will attempt to keep quality employees from leaving the company. Another important aspect of an employee...
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... Code Sec(s) 62; 3401, (CA4), 7/31/1995 American Federal Tax Reports WEBER v. COMM., Cite as 76 AFTR 2d 955782 (60 F3d 1104), Code Sec(s) 62; 3401, (CA4), 7/31/1995 Michael D. WEBER; Barbara L. WEBER, PETITIONERSAPPELLANTS v. COMMISSIONER of the Internal Revenue Service, RESPONDENTAPPELLEE. Case Information: [pg. 955782] Code Sec(s): 62; 3401 Court Name: U.S. Court of Appeals, Fourth Circuit, Docket No.: Docket No. 942609, Date Decided: 7/31/1995. Prior History: Tax Court, (1994) curiam. 103 TC 378, affirmed per Tax Year(s): Year 1988. Disposition: Decision for Govt. 60 F.3d 1104. Related Proceedings: Related Proceedings at Weber v. Commissioner, 103 T.C. 378 (1994) Cites: 76 AFTR 2d 955782, 60 F3d 1104, 952 USTC P 50409. HEADNOTE https://checkpointriagcom.umiss.idm.oclc.org/app/view/toolItem?usid=11f6a7l15d8cd&feature=tcheckpoint&lastCpReqId=2242675 1/17 10/16/2015 Checkpoint | Document 1. Business deductions—employee or independent contractor. 4th Cir. affirmed ruling that ordained Methodist minister was church employee and that as such, claimed business expenses were only allowable as miscellaneous itemized deductions, per curiam: church controlled taxpayer's ministry and required him to perform certain duties; taxpayer couldn't discontinue regular church services, refuse bishop's appointments, or establish own church; and taxpayer wasn't required to invest...
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...former employee of our company has filed a claim with the EEOC that the company discriminated against him and due to this discrimination; the employee was forced to resign due to constructive discharge. The claim states that the constructive discharge violated Title VII of the Civil Rights Act of 1964. The former employee alleges that the constructive discharge was in correlation with religious discrimination based on a work schedule policy change. The former employee states that the change in the work schedule policy was discriminatory, because it required employees to work on a religious holy day and due to this change the employee was forced to quit. Constructive discharge in employment law is typically when working conditions are so intolerable that the employee feels compelled to resign (Constructive Discharge, n.d.). Constructive discharge is a discriminatory practice that forces an employee to resign due to perceived intolerability in the work environment. Courts will typically agree with the claim of constructive discharge, if the court determines that any reasonable employee in a similar situation would also feel discriminated against if in the former employee’s position (Ford, Notestine, & Hill, 2000). Courts also require that an employee show that the working condition was so intolerable and that the employer made it purposely so, it forced the employee to resign (Ford, Notestine, & Hill, 2000). The burden of proof is placed on the former employee to show...
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...WISDOM ANYADI - GODWIN DOGBE - QUESTION: IN WHAT WAY DOES DISCIPLINE RELATE TO GRIEVANCES? ANSWER: In any organization, both the employer and the employee have mutual expectations. When an employee’s expectations are not fulfilled, he will have a grudge against the employer because of the disagreement or dissatisfaction it causes. Similarly, when an employer’s expectations about an employee are not fulfilled, the employer will have a grudge against such employee. It may be a problem of indiscipline. According to Dessler (2001), discipline is a procedure that corrects or punishes a subordinate because an error or procedures has been violated. Meanwhile Rue & Byars (1996) states that discipline should be viewed as a condition within an organization whereby employees know what is expected of them in terms of the organisation’s rules, standards and policies and what the consequences are of infractions. Discipline should never be used as a show of authority or power on the supervisor’s part. A formal discipline procedure usually begins with an oral warning and progresses through a series of activities. As Rue and Byars point out (1996, p.424), preventive discipline from progressing beyond the oral warning stage is obviously advantageous to both the employee and management. In general, discipline should be restricted to the issuing of...
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...Teddy's reasons for firing her were pretext, and awarded her back wages and damages. Teddy's appealed to the circuit court, including in their case that Pollard had committed several infractions, including participating in the spanking incident. They reported that Pollard had failed to report any sexual harassment and included a copy of their sexual harassment policy as part of their defense case. The Circuit Court found that Teddy did have good reason to discipline Pollard but that firing her was in fact disparate treatment when compared with the utter lack of discipline given to King. The circuit court reversed the Commission's award of damages because it believed that Teddy had been right to discipline Pollard, but they ordered Teddy's to reinstate Pollard to her old position. Pollard appealed to the New Jersey Court of Appeals and refused to accept her job back. My memo to the CEO follows: This memo is in regards to the case that has been brought against Teddy’s Supplies (Teddy’s) by Ms. Virginia Pollard, a former employee of Teddy’s. I have been asked to review the case and determine if Teddy’s has any liability issues and what particular points I feel are relevant. To review, Teddy's has been found guilty of sexual harassment in her case by the New Jersey Commission on Human Rights, and awarded her back wages and damages. Teddy's appealed to Circuit Court, and the original decision was overturned, but Teddy's was ordered to reinstate Pollard to her old position. Pollard...
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...Constructive Discharge Claim ______________________________________________________________________ I received notified from the company’s attorney about a former employee who filed a claim against the company citing constructive discharge under Title VII of the Civil Rights Act of 1964. Findings: What is constructive discharge and how is it relevant to this situation. At the beginning of the New Year, a new shift policy was implemented to keep up with the company growth. We required employees in the production group to work 12-hour shifts with 4 days off in a rotating shift, which means some of those working days may fall into the employee’s religious holy day. The former employee quit after this implementation. The former employee is claiming a constructive discharge. Constructive discharge is a discriminatory practice where an employee is forced to resign because of perceived an intolerable work environment, courts usually agree to the employee if they determine that a reasonable person would also feel same in the same position (Paul, 2002). Courts also require employees that are filing under constructive discharge to show that the employee as created intolerable working condition with the intent of forcing resignation was deliberate (Paul, 2002). It is the responsibility of our former employee to show prima facie evidence that the discrimination has occurred (David A. GOLDMEIER and Terry C. Goldmeier, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee...
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...ABSENTEEISM AND TARDINESS An employee, who misses work, even part of a day, is expensive for an employer. The company frequently must pay for those unproductive hours—for example, by providing sick pay to an employee who calls in sick. In addition, the other employees may be less productive when they have to cover for someone who is absent or tardy. A recent survey found that absenteeism cost employers an average of $645 per employee in 2003. The company provides sick days for good reasons: to allow employees to rest and recover and to prevent them from infecting the rest of the workforce. Recent research indicates that absenteeism is associated with physical health stressors, including being diagnosed with a heart condition, being diagnosed with a chronic condition, and being hospitalized. It is important to note that psychological health stressors (e.g., depression, anxiety) were not significantly associated with absenteeism. Rather, employees seeking mental health treatment for psychological health stressors were more likely to show up for work even when a sickness absence was justified. In other words, employees seeking mental health treatment were more likely to work under suboptimal conditions. Whatever the cause of absenteeism, problems arise when absences are unexcused or recur with suspicious regularity. In addition, missing work is often a sign of a deeper problem, such as a family, anger about something at work, or plans to leave the organization. People have to realize...
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...Understanding discipline in the workplace The legal aspects and organisational policies relating to discipline in the workplace The most important pieces of legislation governing discipline at work are found here: • The Employment Act 2008 • The Employment Tribunals (constitutional and Rules of Procedure) (Amendment) Regulations 2008 Also the ACAS code of practice on disciplinary and grievance procedures is very important to follow for good practice, although not legally binding. Other pieces of legislation that refer to disciplinary issues include: • Employment Rights Act 1996 as amended • Employment Rights Dispute Resolution Act 1998 • Employment Relations Act 1999 • Employment Rights Act 2004 These pieces of legislation...
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