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Managing Disciplinary & Grievances

By Dermot Duignan DDHR - HR Support & Advice

Estera avatar
Written by Estera
Updated over 2 months ago


The biggest challenge in my experience for the business owners, the managers and the supervisors running the businesses is dealing with staff issues properly.
In 90 % of the cases that I am involved in, neither the owner or the manager are aware of the polices governing their company.

At least 80% of the WRC hearings that we are being invited to are due to the fact that they did not manage the grievance and disciplinary process correctly.

Any errors made in this process can be extremely costly to a business when examined in a WRC investigation.

Please see link below to a recent WRC hearing where the employer did not follow the correct procedure and this resulted in a huge financial penalty to the employer.

1. Managing the Disciplinary Minefield


Having problems with staff and need to take them through the disciplinary process? DDHR can bring you through the entire process from the initial letter, right through to the outcome of the procedure. (Up to and including dismissal) The disciplinary procedures provide for warning to be given for failure to meet the Employer’s standards of job performance, conduct and attendance or for breach of any of the terms and conditions of employment contract. If disciplinary action becomes necessary, each case will be treated consistently and fairly. This would be DDHR outline procedure for the Disciplinary Process:


Always start with an "Investigation Meeting".

This meeting is where you allow the employee to give their side of the story.

  • Any statements, CCTV etc. that is relevant to the issue must be made available to the employee beforehand.

  • You must give the employee an invitation to the meeting and allow them to have a witness.

  • You should have an independent note taker at this meeting

  • In this meeting you should never make any accusations or any judgement of their replies.

  • This meeting is all about the employee and their side of the story, nothing else.

  • You have to be seen to be impartial.

Once you have the notes typed up from the meeting you send them to the employee for sign off.

Disciplinary Meeting:
If appropriate you then have your " Disciplinary Meeting ".


Here you can ask any questions you want ref the case, you can give your opinion and express your thoughts. I would recommend that you always stay calm and factual. For years employers would bypass the investigation and go straight into the disciplinary meeting with them being in attendance. The WRC are very clear about this, you have to have the 3 steps outlined and you should never have the same person involved in any 2 of the stages. Having an independent advisor is also crucial at this stage, it does not matter what evidence you have, if you do not implement the proper "disciplinary procedure", It will cost you.

  • After the " Disciplinary Meeting " if the employee is unhappy with the outcome, they can appeal the decision.

  • It is vital that a different person facilitates each meeting and I would recommend that the MD only does the appeal.


Appeal:

The employee is entitled to appeal any decision within a certain time scale if they are unhappy with the decision. It makes huge sense to outsource one of the stages as you will be seen to be fair and using an independent advisor.

2. Keep a Record of all staff incidents


It is vital that you don’t let a situation with an employee exceed the necessary procedure or appropriate discipline. To prevent this, you must keep a record of all incidents minor or major in a record log for each employee. This will allow you to take the appropriate steps at the right time. Your ledger for employees must include the following titles or section.

Attitude: In the workplace, employees can have either a positive or negative attitude about specific work tasks, products or services, co-workers or management, or the company as a whole. If an employee is perceived or demonstrates an unfavourable attitude in regards to work or towards the employees or employer themselves. You must make notes of these minor incidents and keep them on record with their personnel file with the date and time of the incident.

Time Keeping: Late employees can upset the environment in your business. They disturb their fellow workers, messing up their concentration. They make it tough for people to get things done, especially if they hold the virtual keys to parts of a project. On top of this, those late employees can mess with other worker’s morale, if they come in late day after day without being punished. A full record of tardiness should be kept on each employee including the date and time and how late the employee was.

Language: Employee disrespect is considered as any act or type of behaviour by the employees that is inappropriate and unethical. It includes many things such as verbal abuse, loud tone, and bullying. Such employees can be verbally abusive and leave no chance to belittle other employees by pointing out their insecurities and mistakes. Verbal abuse can include harsh or inappropriate language for other employees, especially for junior positions or internees. If any incident is brought to your attention keep note of them and what was said with the date and the time.

Uniform/Dress: Employees need to understand the importance of wearing proper clothes at the office. Dress sets a visual image of the person at the workplace. Wearing proper dress is important as one never knows who he\she has to meet. If an employee is continually not following uniform dress code and is left unpunished or warned it can disrupt the attitude in the work place and if left to long can be difficult to restore full dress code in the business. A record of failure to meet full uniform standards should be kept with the date and time accompanying the record.

3.Communication


Quality communication in the workplace can eliminate unnecessary problems and promote better performance. The ability to communicate effectively will help promote a strong team. If employees consult with each other and consider the views of others, they will be interested in cooperating more and finding the best solution together.


The following article is from a WRC investigation where the worker was awarded €15,000 due to the failure of their employer to address her complaints in a timely and reasonable manner.

https://www.independent.ie/irish-news/courts/worker-at-major-representative-body-awarded-15000-after-claims-of-horrific-treatment/a1732123036.html


Contact DDHR

Dermot Duignan 086 8436361
email: dermot@ddhr.ie
https://ddhr.ie/


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