DISCIPLINE & GRIEVANCES

Select an organization and outline how discipline and grievances are handled.
Does this organization deviate from general principles in solving discipline and grievances? How can the selected organization improve on the current practices?

DEFINITIONS
DISCIPLINE -*Is the practice of training people to obey rules or a code of behavior/controlled behaviour resulting from such training.

Workplace discipline -is company action against an employee.

*From the Concise Oxford English Dictionary

DEFINITIONS
GRIEVANCE -*Is the real or imagined cause for complaint.

Grievance Procedure -encourages consistency, transparency and fairness in the handling of workplace problems or complaints. It should allow the employer to seek an informal resolution where appropriate but allow for more formal proceedings should the circumstances demand.

*From the Concise Oxford English Dictionary

STRUCTURE OF THE TYPICAL GRIEVANCE PROCEDURE

The number of stages and the time allotted between stages will depend on the individual establishment. They should neither be too numerous nor too long if they are to avoid frustration. The procedure should be in writing and should indicate-

that the grievance be normally discussed first by the worker and his immediate supervisorcommonly referred to as the "first stage";
that if unresolved at the first stage, the grievance be referred to the department head, and that the worker delegate may accompany the worker at this stage-the second stage, if the worker so wishes;

STRUCTURE OF THE TYPICAL GRIEVANCE PROCEDURE cont

that if the grievance remains unresolved at the second stage, it be referred to higher management at which stage it is advantageous that the worker be represented by a union officer; this is the third stage; that on failure to reach agreement at the third stage the parties agree to the reference of the dispute to conciliation by the Ministry of Labour and Employment; a time limit between the reference at all stages; an agreement to avoid industrial action before the procedure is exhausted.

Labour Relations and Industrial Disputes Regulations, 1975.

STRUCTURE OF THE TYPICAL DISCIPLINARY PROCEDURES

Disciplinary procedures should be agreed between management and
worker representatives and should ensure that fair and effective arrangements exist for dealing with disciplinary matters. The procedure should be in writing and shouldspecify 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 clearly specified and communicated in writing to the relevant parties; give the worker the opportunity to state his case and the right to be accompanied 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.
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STRUCTURE OF THE TYPICAL DISCIPLINARY 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, a written 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 or dismissal should be recorded in writing;
details of any disciplinary action should be given in writing to the worker and to his representative;

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

Labour Relations and Industrial Disputes Regulations, 1975.

THE URBAN DEVELOPMENT CORPORATION

GENERAL MANAGER

DEPUTY GM HUMAN RESOURCES

DIRECTOR OF SALES & ATTRACTIONS

SUPERVISOR

CLERICAL OFFICER

DRIVER

LIFE GUARDS/ TOUR GUIDES

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THE GRIEVANCE PROCEDURE

STAGES & TIMEFRAME

Refer to the immediate Supervisor no later than five (5) working days of the incident .The supervisor then has five (5) working days to investigate & resolve the problem. Refer to Head of Department who has seven(7) working days to further investigate & resolve the problem. Reference to Divisional Head who has seven (7) working days to investigate & resolve the problem. Reference to the Director Human Resource Department after consultation with the DGM-Operations & the General Manager , may advise a negotiated settlement. Conciliation (Ministry of Labour)within seven(7) days after termination of discussions with the corporation. Arbitration(or reference to the Industrial Disputes Tribunal by the Ministry of Labour)
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UNIONIZED EMPLOYEES
IN THE CASE OF UNIONIZED EMPLOYEES, WHERE THE COLLECTIVE LABOUR AGREEMENT ADDRESSES THE HANDLING OF EMPLOYEE GRIEVANCES, THE AGREEMENT SHALL GOVERN THESE PROCEDURES.

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MINOR OFFENCES
First offence- Warrants a verbal warning Second offence- Written warning Third offence- Suspension( minimum 5maximum 10 days) Fourth offence- Dismissal

Damage to the corporations property and failure to report said damage- warrants suspension for a first offence and dismissal for a second.
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MAJOR OFFENCES

For some offences the only recourse is the immediate dismissal of the offending employee.

For the others a first offence warrants a suspension (minimum 10- maximum 20days) -second offence warrants an immediate dismissal.
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UNIONIZED EMPLOYEES
These guidelines outlined shall govern all categories of employees except in those instances where a collective labour agreement specifically addresses the matter of a disciplinary code and procedures.

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HOW DOES THE UDC DIFFER FROM THE EXPECTED STANDARDS?

GRIEVANCE PROCUDURE Stages are too many & time allotted too long(resulting in frustration)

Having a representative present not mentioned until the fourth stage Most employees are not unionized therefore no representative available At the 4th stage no time limit to resolve matter is specified
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HOW DOES THE UDC DIFFER FROM THE EXPECTED STANDARDS?

DISCIPLINARY PROCEDURE It does not state who has the authority to carry out disciplinary action

The employees right to state his case is not noted The employees right to appeal is not stated.
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WAYS IN WHICH THE UDC CAN IMPROVE ITS PROCEDURE

GRIEVANCE 1. Less stages to avoid the drawn out process 2. Ensure that all stages have a timeframe 3. Ensure that the procedure are in keeping with the laws of the country 4. Representation is available to employees at the relevant stages
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WAYS IN WHICH THE UDC CAN IMPROVE ITS PROCEDURE

DISCIPLINARY PROCEDURE 1. Clearly state who has the authority to conduct disciplinary actions
2.

It should be stated in their Policy and Procedural manual that the employee has the right to state his /her case and or appeal disciplinary action taken.
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WE HOPE THIS PRESENTATION HAS BEEN EDUCATIONAL. THANK YOU.

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THE END

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