Discipline Grievance (2) (1) 2.ppt

SUPERVISORY MANAGEMENT Handling Discipline & Grievance  What Is Complaint? Complaint is an indication of employee dissatisfaction What is Grievance Any complaint or dissatisfaction arising out of employment relationship at the workplace Issues that May Cause Grievance Include...

SUPERVISORY MANAGEMENT Handling Discipline & Grievance  What Is Complaint? Complaint is an indication of employee dissatisfaction What is Grievance Any complaint or dissatisfaction arising out of employment relationship at the workplace Issues that May Cause Grievance Include Terms and condition of employment Health and safety Work relations Bullying and harassment New working practices Working environment Organizational changes Discrimination Grievance Principles The employee should have the right to secure consideration of his complaint or grievance without fear of victimization. Under no circumstances should the employee’s job status, security, working conditions or relationship with management be jeopardized because he has filed a complaint or appealed to a higher level Grievance Principles Management should develop a grievance procedure providing for quick consideration. Justice delayed is justice denied” is very relevant. The procedure must be fair and equitable. The employee should be given every opportunity to present his grievance. Participation by employee or his representative in formulation of procedures Employee must be aware of procedures Grievance Principles The employer should be prepared to consider changes in policy when it causes undue hardship or irritation Employees should be encouraged to bring their difficulties to the attention of management where they can be frankly and considerately examined. It should be kept in mind that both ‘management rights’ and ‘employees rights’ are involved in dealing with grievance Grievance Procedures Grievance procedures are formal communication channels designed to settle complaints as soon as possible after the problem arises. Supervisors are usually the closest to the problem, however, the supervisor may be the subject of the employee’s grievance  Stage 1 The employee must present his grievance to his immediate supervisor within five (5) days after the alleged incident. The supervisor shall investigate the complaint and if he considers it justified to do so, shall remedy the complaints but in any event give a reply to the employee within five (5) working days. It is usually accepted that the first stage must involve the supervisor. It is a general principle that the union delegate should not normally accompany the grievant at the first stage.  Stage 2 If the employee is dissatisfied with the answer of his immediate supervisor, he shall within five (5) working days after the supervisor’s answer submit his claims in writing to his manager. The manager shall within five (5) working days investigate the complaint and hear the complaint at a time and place appointed by him and if he considered it justifiable to do so shall remedy the complaint or reply within five (5) working days after it is heard by him.  Stage 3 If the answer from the manager is not satisfactory to the employee, the employee shall submit the complaint in writing within five(5) working days to the general manager or his nominee. The complaint must give the following: A brief statement of the complaint and the facts upon which it is based the remedy and/or correction required.  Stage 3 cont’d The general manager or his nominee shall within five (5) working days after the receipt of the written complaint investigate the complaint and hear the complaint at a time and place appointed by him. If he considered it justifiable to do so shall remedy the complaint or reply within five (5) working days after it is heard by him  Stage 4 If the employee is not satisfied with the answer of the general manager or his nominee, then the company and the union may within fourteen(14) days after the reply either agree to refer the matter immediately to arbitration or jointly or separately refer the grievance to the Ministry of Labour. POINT TO NOTE If the employee shall fail at any stage to take the next step within the specified time, he shall be deemed to have waived further prosecution of the grievance, and the grievance shall be deemed to have been dropped.  Arbitration Arbitration is a dispute resolution process in which the disputing parties present their case to a third party intermediary (or a panel of arbitrators) who examine all the evidence and then make a decision for the parties.  Mediation Mediation is a form of third-party intervention in which the mediator helps the parties negotiate an agreement which they then have the option of accepting or rejecting. In some cases, mediators play a problem- solving role focused upon negotiating an agreement to the immediate dispute.  Mediation In other cases mediation focuses more upon improving relationships, with the assumption that the improved relationship will lead to conflict resolution or constructive confrontation. If the grievance procedure is successfully operated it can: Enable employees to air their complaints without fear of victimization Assist management to identify legitimate causes of friction and correct them, thus preventing minor problems from becoming major ones. This will contribute to better industrial relations, and as a consequence higher morale and efficiency. Discipline in the Workplace  Discipline in the Workplace Discipline in the workplace is the means by which supervisory personnel correct behavioral deficiencies and ensure adherence to established company rules. The purpose of discipline is to correct behaviour. It is not designed to punish or embarrass an employee. Discipline in the Workplace A positive approach may solve the problem without having to discipline. However, if unacceptable behavior is a persistent problem or if the employee is involved in a misconduct that cannot be tolerated, management may use discipline to correct the behaviour. Discipline in the Workplace Discipline should be restricted to the following: the issuing of letters of warning, letters of suspensions, or actual termination. Discipline in the Workplace Employers should refrain from "disciplining" employees by such methods as altering work schedules, assigning an employee to do unpleasant work, or denying vacation requests. EXAMPLES OF MISCONDUCT Examples of misconduct which could result in discipline: Excessive tardiness Failure to notify of an absence Insubordination Rude or abusive language in the workplace Dishonesty Theft THE DISCIPLINE PROCESS The process has two stages: The investigation stage The discipline stage The Investigation Stage This is the most important part of the discipline process. 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 The Investigation Stage Evidence might include witness statements, a report from a private investigator, documentary evidence, interviewing witnesses to the incident, interviewing the employee involved in the misconduct. 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 specifics of the case with the Human Resources Department The Discipline Stage Factors to be taken into consideration are: the employee’s past record, the severity of the incident, was the employee provoked. The Discipline Stage 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.  Taking the Action Dismissal should be the penalty in cases of gross misconduct only, in any other case, the penalty should be progressive. For minor offences, an oral warning should be given. Where there is a build up of minor offences or in cases of more serious offences, a warning letter should be issued. LABOUR LAWS Trade Union Act, 1919 This governs the establishment, function and conduct of registration of trade unions. Outlines the procedures for gaining membership and settling industrial disputes The legality of trade unions Submission of Statements of Accounts Rules of trade unions The procedures for handling disputes REDUNDANCY 1. An employee who has been continuously employed for at least 104 weeks is considered to be dismissed by reason of redundancy if:- the employer ceases to carry out work that he/ she was hired to do; the kind of work that he/ she was hired to do has been reduced; the employer’s business has been shut down; he/ she has suffered personal injury as a result of an accident or developed a disease because of the nature of the job REDUNDANCY 2. A seasonal worker who has worked with an employer for not less than 90 days in each season for two or more consecutive seasons may be dismissed by redundancy: for the reason stated at (1); if the employer fails to provide him with employment in any season Employee’s Rights If an employee is dismissed by redundancy, he/ she is entitled to a written statement indicating how the redundancy payment has been calculated. An employee, who has been laid off without pay for more than 120 days, may give notice in writing to his/ her employer that he/ she chooses to be regarded as dismissed by reason of redundancy. The effective date should be specified and should not be less than fourteen (14) days or more than sixty (60) days after that date of the notice. Employment Termination and Redundancy Payments Act, 1974 The notice required to be given by an employer to terminate the contract of employment of an employee who has been continuously employed for four weeks or more shall be- Not less than 2 weeks’ notice if period of continuous employment is less than 5 years Not less than 4 weeks’ notice if period of continuous employment is 5 years or more but less than 10 years Employment Termination and Redundancy Payments Act, 1974 not less than six weeks’ notice if his period of continuous employment is ten years or more but less than fifteen years; not less than eight weeks’ notice if his period of continuous employment is fifteen years or more but less than twenty years; not less than twelve weeks’ notice if his period of continuous employment is twenty years or more The Notice must be in writing unless it is given in the presence of a credible witness. WHO IS LIABLE TO MAKE REDUNDANCY PAYMENTS Where an employee who has been continuously employed for the period of one hundred and four (104) weeks is dismissed by his employer by reason of redundancy, the employer or any person to whom ownership of the business is transferred within twelve (12) months of the date of dismissal, shall be liable to pay the employee a sum called the “redundancy payment” Holiday with Pay Act, 1974 Under the Holidays With Pay Order, 1974 there are four (4) categories of paid benefits/ entitlements. These are: 1. Holidays With Pay (Vacation Leave) 2. Sick Leave With Pay 3. Gratuity 4. Sick Benefit Under the act, people who work more than 110 consecutive days are entitled to vacation and sick leave of at least two weeks a year How much VACTION LEAVE should be granted A worker who has worked more than 220 days in any year of employment, is entitled to two (2) normal working weeks of vacation leave for that year ; or A worker who has worked a minimum of 110 days but less than 220 days in any year of employment, is entitled to one day vacation leave for every 22 days on which he/ she has worked. A worker with ten (10) or more years of service, who has worked at least 220 days in any year of employment, is entitled to three (3) normal working weeks of vacation leave for that year.  When should VACATION LEAVE be granted Vacation Leave earned in any year of employment: shall be granted by the employer during the following year of employment; or may, by agreement between the worker and employer, be granted in the year in which it was earned; or may be carried forward and added to vacation leave earned in two (2) succeeding years of employment in accordance with the provisions of an agreement with the employee or his trade union.  How VACATION LEAVE is to be granted The days of vacation leave should be consecutive working days on which the employee would normally be called upon to work for his/ her employer ; Vacation leave may also be granted in two periods of consecutive working days; Sunday, Good Friday, Christmas Day and a general public holiday cannot be counted in any days of vacation leave; Vacation leave cannot be granted during a period of notice given by an employer to end employment Minimum Wage Act, 1938 Jamaica has a national minimum wage. Those who work a 40-hour week in Jamaica must be paid at least $5,000.00 Jamaican dollars. The minimum wage for industrial security guards is $7,239.40 per 40-hour work week. Maternity Leave Act, 1979 - Entitlement Any female worker who has been employed continuously for fifty- two (52) weeks or more by the same employer on the date that the maternity leave begins; Any female worker who has been engaged in seasonal employment with the sam employer for at least fifty-two (52) weeks during the past five (5) years. LENGTH OF MATERNITY LEAVE A worker is entitled to maternity leave for twelve (12) weeks for each pregnancy; However, in the case of illness of mother or child, subsequent to the expiration of twelve (12) weeks, an additional fourteen (14) weeks may be granted on submission of a medical certificate and this should begin immediately after the first twelve (12) week period. WHO QUALIFIES FOR MATERNITY LEAVE WITH PAY Any female worker who is entitled to maternity leave; is at least eighteen (18) years old, and has not been granted maternity leave by the same employer for three (3)previous pregnancies; informs her employer of the date she is expected to go on maternity leave at least three (3) months in advance or as soon as is reasonably practicable thereafter. MATERNITY LEAVE PAY A worker who qualifies for paid maternity leave is entitled to at least eight (8) weeks with pay. If a worker has been granted maternity leave with pay by an employer for three (3) pregnancies, she is entitled to maternity leave without pay. Maternity leave is payable no earlier than eleven (11) weeks before the expected week of delivery.