Asked by: Cordula Willstumpf
business and financehuman resources

What is a fair disciplinary procedure?

Last Updated: 2nd January, 2020

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Procedural fairness refers to the procedures followed in notifying the employee of the disciplinary hearing and the procedures followed at the hearing itself. Most employers do not have a problem in this regard but normally fails dismally when it comes to substantive fairness.

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Regarding this, what are the stages of disciplinary procedures?

A Step by Step Disciplinary Procedure-From Verbal Warning to Dismissal

  • Informal counselling.
  • Fair procedures and natural justice.
  • Stage 1-Verbal warning.
  • Stage 2-First Written Warning.
  • Stage 3-Second Written Warning.
  • Stage 4-Final Written Warning.
  • Stage 5-Dismissal or action short of dismissal.

Likewise, what is a fair procedure for dismissal? In order to be fairly dismissed, the employer must apply a fair procedure (disciplinary procedure) and have a substantively fair reason that warrants dismissal. It involves the balancing of competing and sometimes conflicting interests of the employer, on the one hand, and the employee on the other.

Secondly, what does disciplinary procedure mean?

A disciplinary procedure is a process for dealing with perceived employee misconduct. Organisations will typically have a wide range of disciplinary procedures to invoke depending on the severity of the transgression. Disciplinary procedures vary between informal and formal processes.

What are the 5 fair reasons for dismissal?

The five potentially fair reasons for dismissal are: capability or qualifications; conduct; redundancy; where continued employment would contravene the law; and “some other substantial reason”. A dismissal can also be constructive, where an employee resigns in response to his or her employer's breach of contract.

Related Question Answers

Dorethea Wepierre

Professional

Can you be investigated without your knowledge?

Covert monitoring means monitoring that is deliberately carried out in secret, without the knowledge of the staff who are being monitored. Covert monitoring is very difficult for an employer to justify, and should only be used in exceptional circumstances.

Sigfrido Peñate

Professional

What is the law on disciplinary?

Disciplinary Action Law and Legal Definition. In employment law, disciplinary action is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. Some methods of disciplinary action may have an employer: Verbally reprimand the employee for poor performance.

Laurent Fuchsbrunner

Professional

How do I prepare for a disciplinary hearing?

Decide on representation and which witnesses and other evidence you'd like to use to defend yourself; Prepare questions for both the employer's witnesses and your witnesses; Put forward clear-cut evidence that acquits you from the allegations; and.

Karlheinz Demarchis

Explainer

What are the types of disciplinary actions?

Types of Discipline Used in the Workplace
  • Defining Progressive Discipline. The type of discipline depends on the issue facing the employer.
  • Written Reprimand. A written reprimand is appropriate when the employee ignores a verbal warning about his behavior.
  • Temporary Pay Cut.
  • Performance Improvement Plan.
  • Suspension.
  • Demotion and Termination.
  • Weingarten Rights.

Elmar Martucci

Explainer

How do I start a disciplinary hearing?

The first part of preparation for the disciplinary hearing is to set a date and time to hold the disciplinary hearing and arrange a suitable, private venue. The date set for the disciplinary hearing should be in line with your disciplinary procedure, and give you and the employee sufficient time to prepare.

Zia Alampi

Explainer

What is disciplinary procedures in the workplace?

A disciplinary procedure is a formal way for an employer to deal with an employee's: unacceptable or improper behaviour ('misconduct') performance ('capability')

Inesa Mancha

Pundit

What happens at disciplinary hearing?

A disciplinary hearing is a meeting between you and an employee, held when you wish to discuss an allegation of gross misconduct with an employee (or any other behaviour that merits disciplinary action). If you decide the allegations need addressing with the employee, send the employee a disciplinary hearing letter.

Keitha Frenzen

Pundit

How many warnings do you get before a disciplinary hearing?

The law does not specify that employees should receive any specific number of warnings, for example, three verbal warnings or written warnings, and dismissal could follow as a first offence in the case of serious misconduct.

Jianguo Iyer

Pundit

Does suspension always lead to dismissal?

Although a suspension is not formal disciplinary action in itself, it does often lead to disciplinary proceedings based on gross misconduct. There is no test required of whether it was necessary for you to be suspended or not, so you can't argue that your employers could investigate without the need to suspend.

Aminata Schuttrumpf

Pundit

What is the main purpose of the disciplinary procedure?

The aim of a disciplinary procedure is to encourage and maintain standards of conduct and ensure consistent and fair treatment for all. It should allow the employer to seek an informal resolution, where appropriate, but allow for more formal proceedings should the circumstances justify disciplinary action.

Alyse Africano

Pundit

What are the main principles of the disciplinary procedure?

Important Principles of disciplinary action towards employees are listed below:
  • Announce disciplinary policy with advance warning.
  • Consistency.
  • Impersonality.
  • Give employee an opportunity to explain.
  • Decide what action to take.
  • Disciplinary action as a tool.

Rafael Macdonald

Teacher

What is another word for disciplinary?

Synonyms. punitive. punitive measures against foreign companies. retaliatory. retaliative.

Abida Janssens

Teacher

Who can you bring to a disciplinary meeting?

You have the right to take someone with you to a disciplinary hearing, but you must tell your employer about this first. Your companion can be either: a colleague. a trade union representative.

Erian Sowa

Teacher

Should HR be present at a disciplinary hearing?

If, following a reasonable investigation, the employer decides that an employee has a disciplinary case to answer, it should hold a disciplinary meeting. It should be made clear to all involved in the meeting whether an HR panel member is present in an advisory capacity only, or as a joint decision-maker.

Emre Bachiller

Teacher

What are the main consequences if you don't follow codes of practice?

Some breaches of codes are so severe they require harsher penalties, even on a first offense. Major infractions include acts of violence, threats toward co-workers or managers, theft or abuse of power. Common penalties include demotions, job transfers, pay reductions, and in the most extreme cases, termination.

Weldon Turov

Reviewer

Can you resign during a disciplinary hearing?

Can I resign before or during a disciplinary process? Yes, you can. In fact, it is not uncommon to consider resigning when you are facing disciplinary allegations, but this is a very tactical situation and one that ideally you should take legal advice on before you make any decision.

Darius Goga

Reviewer

Can you go straight to a written warning?

In cases of serious misconduct or poor performance, the employer does not have to give a first written warning and can instead go straight to a final written warning. If an employee does not meet the requirements of their final written warning in the timeframe set, it could lead to dismissal.

Latosha Holterhoff

Reviewer

Can you get fired without a written warning?

In some situations, employees can be fired without warning, and in others, they cannot. Whether an employee can be legally terminated without warning will mainly depend on the type of employment contract he's under. In addition, employers also need a valid reason for termination to avoid wrongful termination lawsuits.

Eufemio Fory

Reviewer

On what grounds can an employee appeal a disciplinary decision?

This is so you can raise an appeal if you feel: your disciplinary outcome is too severe. your grievance outcome is wrong. any part of your disciplinary or grievance procedure was wrong or unfair.