employee discipline/ misconduct

8/10/2019 Employee discipline/ misconduct

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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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employee discipline/ misconduct

Documents