Disciplinary and grievance procedures vary considerably from employment to employment depending on a wide variety of factors including:
- The terms of contracts of employment
- Locally agreed procedures
- Industry agreements
- Trade union recognition
Procedures are necessary to ensure that while discipline is maintained in the workplace by applying disciplinary measures in a fair and consistent manner, grievances are handled in accordance with the principles of natural justice and fairness.
Procedures serve a dual purpose. They provide a framework which enables management to maintain satisfactory standards and allow employees to have access to procedures where alleged failures to comply with these standards may be fairly and sensitively addressed.
A grievance is an issue or complaint which an employee has concerning his or her terms and conditions of employment, working environment, or working relationships. This procedure covers individual and collective grievances, i.e. complaints raised by or on behalf of a group of employees.
Procedures should be rational and fair with the reason for disciplinary action made clear to the employee. The range of penalties that can be imposed should be clear and an internal appeals mechanism should be available.
Natural justice in disciplinary cases
- The employee should be provided with full notice of all allegations whether oral or written
- The employee concerned is given the opportunity to respond fully to any such allegations or complaints
- That there is opportunity and time to develop and present a defence
- The right to a full and objective investigation of the issues
- Dismissal should, ideally, not be administered by an immediate supervisor
- That any penalty should be appropriate to the offence
- That penalties should follow a fixed pattern
- That very serious misconduct might warrant immediate suspension pending dismissal
- That there is a right of appeal to a level above that of the person issuing the penalty
- That mitigating circumstances be considered
- That the employee should be presumed innocent of any charge(s) until evidence is presented to disprove this
- That the penalties should be part of an attempt to improve behaviour rather than simply punish
- That the employee concerned is given the opportunity to avail of the right to be represented during the procedure
As a general rule, an attempt should be made to resolve grievance and disciplinary issues between the employee concerned and his or her immediate manager or supervisor. This could be done on an informal or private basis. However, if action proceeds to a formal stage, disciplinary action should follow a distinct and predictable pattern of stages as follows:
- An oral warning
- A written warning
- A final written warning
- Suspension without pay
- Transfer to another task, or section of the enterprise
- Demotion
- Some other appropriate disciplinary action short of dismissal
- Dismissal
Generally, the steps in the procedure should be progressive, for example, an oral warning, a written warning, a final written warning, and dismissal. However, serious breaches or incidents of gross misconduct may result in some stages being skipped.
An employee may be suspended on full pay pending the outcome of an investigation into an alleged breach of discipline.
Warnings should be removed from an employee’s record after a specified period and the employee advised accordingly.
Remember, regardless of the individual circumstances of a case, it is important to behave in a professional manner both with the member and with management, respect the confidentially of the member in question and make sure that the member has a realistic understanding of the potential outcome.
All CWU members can avail of an extensive training program, please see training for more information. Your colleagues in the CWU are there to support you so you should feel free to look for guidance within your Branch or directly from Head Office.