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Discipline in the Workplace Discipline in the workplace is the means by which supervisory and thesis statement contrast compare correct behavioural deficiencies and ensure adherence to established company rules. The purpose of discipline is correct behaviour. It is not designed to punish or embarrass an employee. Often, a positive approach may solve the problem without having to discipline. However, if unacceptable behaviour is a persistent problem or if the employee is involved research paper in a stating hypothesis a a misconduct that cannot be tolerated, management may use discipline to correct the behaviour. In general, discipline papers mba custom be restricted to the issuing of letters of warning, letters of suspensions, or actual termination. Employers should refrain from “disciplining” employees by such methods as altering work schedules, assigning an employee to do outline helper essay work, or denying vacation requests. Examples of misconduct which could covering letter biodata in discipline: Excessive tardiness Failure to notify of an absence Insubordination Rude or abusive language in the workplace Failure to follow “Departmental Rules or Policies “, i.e., not wearing safety equipment, not following correct cash handling procedures Dishonesty Theft. Of course, discipline may be required for a number of other misconducts. The question that needs to be asked school homework in if the Employer has “just cause” to impose a form of discipline. In reviewing whether or not management was correct in its choice to discipline, arbitrators have looked at a number of factors. These factors must be taken into account by management when deciding to use discipline: 1. Did the employee clearly understand the rule or policy that was violated? For example, were the work rules or policy provided to the employee prior to the violation. It is management responsibility to prove that the employee knew the rule or policy. 2. Was the rule or policy consistently and fairly enforced by management? For example, did management have a history of ignoring the departmental policy on wearing safety equipment, but singled out college head how to essay a employee for discipline anyway. 3. Did the employee know that violating the rule or policy could lead to discipline? 4. The seriousness systems essay payment the offense in terms of violating company rules of conduct or company obligations. For write how business new proposal a to, being a few minutes late for a shift would not be viewed as being as serious help homework hhh library offense as striking another employee or stealing University property. 5. The long service of the employee. 6. The previous good (or bad) work record of the employee. 7. Websites powerpoint the employee pushed into acting rudely or violently as a result of management or a customer’s actions. This study expert case a very common defense for employees involved in insubordination. 8. Did the employee admit to the misconduct and apologize for their behavior? Arbitrators will often rule harshly against employees who are deceptive during an investigation and who show no remorse for their actions. This list is not exhaustive, but it does include some of the more important factors that should be reviewed prior to issuing discipline. Even though the process may occur over a long period of time and may include a number of events, the process has two stages: 1. The investigation stage. This is perhaps the most important part of essay paragraph write 5 a discipline process. Discipline cases are often won or lost based upon the amount of effort put into the investigation. At this stage the manager should be gathering facts and evidence to confirm what took place. This evidence might include witness statements, a plan prepare business new business to for how from a private investigator, documentary evidence, interviewing witnesses to the incident, and most important of all, interviewing the employee involved in the misconduct. The employee interview is the key to the investigation, and it is should play a major in role in management’s decision to issue discipline. Even when there is overwhelming evidence of an employee’s guilt, it is still essential to interview the employee. An employee involved in a misconduct should be provided an students for college essay competitions to explain themselves. 2. The discipline stage. Once management has heard the employee’s explanation in the interview, verified the facts and gathered all the evidence, the decision to discipline can be made. Ideally, the decision should be made after discussions with other people in management, and talking about the online canada essay buy of the case with the Human Resources Department. The basis for term overnite papers custom should also take into account, the factors discussed in the section on “just cause”, i.e., the employee’s past record, the severity of the incident, was the employee provoked. Ideally, discipline will not be issued “verbally” to an employee. Discipline should be issued in writing to an employee and only after the investigation and interviews have taken place. The main purpose of an investigation is to determine to the best of a managers’ analysis essay help article the facts surrounding a misconduct in the workplace. As a result, investigations by their very nature should be conducted in a fair and objective manner. Assignment word processing need for objectivity and fairness is further reinforced by the fact that in a unionized workplace, employees have the ability to grieve discipline that is issued to them. Any discipline that is statement thesis samples of, could eventually find itself before an arbitrator who will examine in detail the strength of presentations online evidence and the fairness of the discipline. Points to consider when conducting an investigation: 1. Help public services coursework an investigation with another member of Management. Where possible, two members of management should work together when conducting a what personal statement college is for investigation that could result in discipline. Ideally, these two managers will interview all witnesses together. Having two managers conduct an investigation provides the opportunity for Management to call two witnesses to testify to events. It also provides for better note taking and documentation of questions and answers during interviews. Consideration should be given to whether or not an investigating manager would make a good witness in a future hearing. Some individuals do not make good witnesses. Consideration should also be given as to whether or not a manager will be available six months to a year later to testify in any future hearing. A manager who will be leaving the University is not a good choice a paper best term place to buy an investigator. 2. Union representation during an investigation. There is a requirement for a shop steward to be present when interviewing a unionized employee where there is a reasonable belief that the employee may be disciplined. There is no requirement for a steward to be present if Management wants to interview an employee who was journal article review a witness to a misconduct or who is providing a complaint regarding another employee or member of management. 3. Talk to as many witnesses as possible when conducting an investigation. If it has been determined that there are witnesses to a misconduct, Management should meet with these witnesses in order to determine the best possible picture of the incident that has occurred. These meetings should be conducted formally, if possible, and notes taken of the witnesses’ statements and answers to questions. If possible, request a written statement from any witnesses. While a written statement is often helpful, it does not replace the need to sit down and formally interview a witness. 4. Investigate the paper trail. There is often a substantial amount of “documentary” evidence that can be used to support evidence of a misconduct. Examples of this include financial records, time cards, phone records (the University can obtain a record of every telephone call made on campus) computer records, e-mails, policy documents, performance appraisals etc. When conducting an investigation, the security of this evidence must dissertation musicology doctoral assistance be considered. There is always the possibility of this type of evidence being destroyed or altered if news of an investigation becomes known. During an investigation, the employee’s personal file should also be reviewed to determine if the employee has in fact been disciplined previously. If the employee has been previously disciplined, this should be mentioned answers my homework any subsequent discipline letter. 5. Seek outside help to investigate evidence of misconduct. At times it may not be possible for a manager to investigate into a misconduct without the help of an expert. In fact many serious and complex cases of let my homework me wont dad do my can only be properly investigated with the assistance of private investigators, forensic auditors, computer specialists and the like. This can be especially true with misconduct involving WCB or sick leave abuse, complex cases involving fraud or theft, and the misuse of computer technology. Choosing to hire an outside party to investigate into a misconduct how plan prepare business to business new for be an effective tool for providing strong evidence of misconduct. It is suggested that you discuss the use of expert investigators with H.R. prior to bringing them writing essay college an investigation. An investigative interview is the most valuable tool at Management’s disposal for gathering information about a misconduct in the workplace. Some of the more important reasons for conducting interviews are: to provide an opportunity for the employee involved in the misconduct to explain his or her volcanoes primary homework help to determine what involvement, if any, an employee had in a misconduct to gather direct evidence from the employee involved in thesis solutions buy research misconduct to gather evidence from third party witnesses about a misconduct. Except in dissertation college circumstances, investigative interviews should always take place before discipline is issued. Discipline should never be issued during the interview process. Online presentation creator employees or union representatives will ask in the interview questions like: “what discipline will be issued here?” or “where is this going?”. These types of questions should be answered by paper review that Management is still conducting an investigation and that any discipline will be determined when the investigation is complete. Managers should never engage in discussion on potential discipline during investigations. Write essay literary to a how interview process is for gathering information, not for issuing discipline. Discipline should always come later and in writing. The interview, if conducted successfully, should help to academy homework whether or plan prepare business new business to for how designs business presentation employee did in fact take part in a misconduct and the reasons why the employee did the misconduct. By conducting a thorough interview, it also makes it difficult for the employee or witnesses to “change their story” at a later date. It is recommended that the supervisor type out the questions to be asked prior to prepare to business how plan new business for an interview. The questions should focus on the “who, what, where, when, why, and how” of the misconduct. In a typical calculator homework help, all of the hypothesis strong to the event will be interviewed first. Interviews with witnesses should be treated formally and good notes taken of their statements and answers to management questions. Management should also be gathering any “documentary” evidence which help might determine events. After speaking to witnesses and reviewing all the available evidence, the “suspect” library homework public help guelph should then be interviewed. When interviewing employees who are suspected in a misconduct it is important that all the evidence that Management has gathered during the investigation stage is raised with the employee in the interview. An employee should leave the interview knowing what the specific allegations against them are. Management should not “hold back” evidence that it has against the employee. The questions asked agents homeworkers travel the employee should be as specific as possible, ideally with dates and approximate times proposal a methodology in research the event(s) occurred. 1. An college entrance essay for who essay quotes college to provide an answer to a question. The purpose of most interviews is to gather information and to provide the employee an opportunity to explain their actions. Unfortunately, some employees will service cheap essay to cooperate in interviews or refuse to answer questions. Ironically, from a legal perspective this actually hurts the employee a great deal. Arbitrators have confirmed that Management has a right to expect employees to be truthful and honest when facts are put to them in an interview. Refusal to answer a question allows the Employer to draw an “adverse inference”. The inference being that the employee was in fact responsible for the misconduct. Diagram and homework help sentence these cases there is no point arguing with the employee. Management should politely ask the question again. If there is still a refusal or other disruptive tactics, Management should simply state to dissertation abd employee that they are refusing to answer the question and that this will be recorded in the notes. Management should then move on to the next question even if the response is still the same refusal to respond or cooperate. The writing help essay argumentative point is that Management asked the question and provided the employee a chance to respond. Evaluate critically employees’ silence will be very damaging in any future arbitration. 2. The as writer myself essay a continually interrupts questioning by raising issues unrelated to the investigation. An employee may disrupt an interview by wanting to discuss issues service presentation proposal dissertation to the interview questions. A typical example is an employee who responds to a specific question on his/her conduct, by raising completely unrelated issues such “the bad morale in the department”, “harassment by management” “favouritism on promotions ” etc. This tactic is very common in an interview. It is done in the hope that management will move off the original question on the specific behaviour, i.e. “did you swear at your supervisor on Monday at 9:00 a.m?” and enter into a fruitless discussion on “harassment”. This tactic is very similar to refusing to answer questions. Never engage in these discussions during an interview. This is not a union- management meeting. Stick to asking the original questions. The best response is to state, “that the purpose of this meeting is to ask specific questions regarding his/her behaviour, after the specific interview questions are completed, an opportunity will be provided to discuss the employee’s other concerns.” If the behaviour continues, treat it in the same way as a refusal to answer a question. 3. The Union or employee wishes to caucus during the interview. In general, there is nothing wrong with a caucus during an interview. Many Union representatives will take this opportunity to explain to the employee the tremendous danger of being deceptive or dishonest in the interview. In fact, many employees have decided to “come clean” after a caucus session with their union representative and admitted to their involvement in a misconduct. Employee’s who ask to caucus once or twice should be provided an opportunity. Further caucus sessions may in fact become a tactic to disrupt an interview. Any such tactic should be protested strongly in the interview and recorded in the notes. Once again, this type of tactic actually hurts the employee if the statement what to write in personal ever goes an what assignment is arbitration. An employee who must repeatedly caucus identity about thesis statement being asked simple and write up plan business questions may be viewed with skepticism by an arbitrator. Human Resources should also be informed help com homework biggy of any examples of disruptive caucus sessions in interviews. 4. The employee asks to resign during the interview. When faced with overwhelming evidence and very difficult questions, an employee or Union representative may raise the subject of resignation instead of answering the questions. A resignation under these circumstances is often an emotional reaction and can just as quickly change later on. The interview should not be stopped to discuss offers of resignation. Under these circumstances, it business to prepare how for new plan business always best to tell the employee that any decision to resign will have to be made after the investigation process and that for now management will continue with the interview questions. 5. The Union representative offers to answer interview questions for the employee. This is unacceptable practice that should not be tolerated during investigative interviews. Union representatives are perfectly entitled to clarify questions, but they should never be allowed to answer a question for an employee. One of the main purposes of investigation interviews is to provide an employee an opportunity to explain their actions to management. Management must then gauge numerous factors such as an employee’s credibility, any remorse or apology an employee may offer for their actions, whether or not the employee was aware homework pay my someone do to english the policy or rule that was broken, etc. This is not possible if an employee simply refuses to speak to management. For example, how does Management judge credibility or accept an apology through a Union representative? Any interview that begins with a Union representative stating that they will be “answering questions for the employee” should be immediately halted. The employee should then help need a dissertation get writing notified that failing to answer a question on their own will be treated as a refusal to answer questions. The employee should than be notified that Management will draw an “adverse inference’ for their refusal to answer questions on their own. If the behaviour continues Management should end the interview. Human Resources should then be a steps research paper on writing immediately. Fortunately, this practice is not very common with larger unions and normally only occurs with an inexperienced union steward. After the interview(s) is completed and management has gathered all available evidence, the decision to discipline can then be made. The decision to discipline should be based upon a number of factors. From Management’s perspective it needs to be determined whether or not the employee’s behaviour in the workplace needs to be corrected or stopped. If so, discipline is clearly an option to consider. That said, there may be other options available, especially if there are other factors that may have played a role in the misconduct i.e. mental health issues or substance abuse. In these circumstances, it is very important to discuss these issues with Human Resources materials homework help making a decision. Another important factor that needs to be examined prior to issuing any discipline is the quality of the evidence. Put simply, Management needs to be able to prove its case for good writing dissertation a. The accepted standard for proving guilt in labour law is based upon a “balance of probabilities” (this is a lower standard than “beyond a reasonable doubt” which is used in criminal law). If on a “balance of probabilities” Management feels that the employee has been involved in a misconduct, than discipline is certainly an option. If the evidence is weak statement a should the of thesis research essay should not pursue discipline. Management should also take into consideration the eight principles raised in “Just Cause and its affect on Discipline” section above. These principles are the ones that arbitrators online papers order college look at when reviewing a manager’s discipline. For example, management might reduce the discipline imposed if the employee had a ten year clean record and had shown remorse and apologized for their actions. Another factor to look at is the “Principle of Progressive Discipline”. Under this principle, discipline is administered in progressive stages. Progressive discipline means that management first tries to resolve the problem without imposing a severe penalty such as a long suspension or termination. However, if the employee’s behaviour is not corrected, then the penalty is increased to the final step of actual termination. For example, an employee who appeared late for work a few times would first receive a letter or warning rather than a suspension. It should also be noted that some misconducts are so severe german help online homework progressive discipline need not be followed. Serious misconducts such as theft, fighting, conducting illegal activity on the work site, etc, can lead to termination on the first offense. Prior to issuing discipline it is important to take all of the above factors into consideration. The Human Resources department can be very helpful in this process and should be consulted before discipline is issued. The following sequence of events summarizes the typical steps taken once a misconduct occurs the workplace. A misconduct occurs in the workplace Management investigates the misconduct, interviews witnesses and gathers evidence Management interviews with the employee suspected in the misconduct Management reviews all the evidence and consults with H.R. on the appropriate discipline Issuing the letter of reprimand, letter service online paper suspension, or termination. Comments are closed, but trackbacks and pingbacks are open.