Discipline and Grievances Procedures
The Chartered Institute of Personal Development (CIPD) Survey report of February 2007 entitled: "Managing Conflict at work" reports a survey of 798 participant organizations that employ in excess of 2.2 million employees. This survey reports that the most common causes of workplace disputes are "general behavior and conduct issues" followed by "conflicts over performance, sickness absence and attendance and relationships between colleagues." (CIPD, 2007) According to CIPD conflict generally falls within two broad categories including: (1) Conflict between individuals and involving (a) Colleagues; or (b) Employees and their managers; and (2) Conflict between groups and involving (a) Teams; and (b) Large groups of employee and management. (CIPD, 2009)
CASE STUDY -- PART A - Preparing a Report for the Chief Executive
The first step in preparing a report for the chief executive in this situation is to talk to the employees involved in the conflict in a process that will involve gathering of information and facts. Each of the individuals involved in this situation will be interviewed and their side of the story recorded. Requirements in this process will involve the following actions:
(1) consideration for the "alleged breach of discipline, the circumstances and consequences of the breach;
(2) consideration of the employee's job, experience, length of service and disciplinary record;
(3) consideration of the evidence provided by witnesses;
(4) any recent changes to job;
(5) any previous incidents;
(6) has employee received appropriate counseling or training;
(7) any mitigating circumstances and in this case provocation.
The next step is to review the evidence to make a determination of whether there is:
(1) a case to answer or whether the case is serious enough for disciplinary measures; and (2) an alternative to disciplinary action.
The following list is published by CIPD which is a framework of competency for line managers in managing conflict at work and is a list that should be consulted in the present situation for the purposes of the case study at hand.
ACAS Factsheet (2009)
If this investigation found that in all probability the facts as stated in this case were true then the necessary actions would be to place the duty supervisor on paid leave pending the formal investigation in this case as the duty supervisor breached the rules of conduct in this instance by allowing the employees to go outside of the workplace during their regularly scheduled shift and on a shift that barred employees leaving the workplace during the time period between 9:00 P.M. And 6:00 A.M.
According to the ACAS Code of Practice "Factsheet" employ misconduct may range from being late on a continued basis to other more serious offenses. The more serious the offense then the more serious the misconduct assigned to the employee. The first stage of the disciplinary actions is the sending of a letter to the employee which is followed next by a meeting on the issue. If the employee is unhappy with the determination made in the hearing on the issue the employee has a right to proceed to step three of the process which is the filing of an appeal of the determination made at the meeting stage of the process. It is the responsibility of the line manager to ensure that:
(1) all facts are investigated;
(2) Make sure the employee understands the letter to them and that they are allowed to have a companion present in the meeting;
(3) Reasonable notice of at least 72 hours is given;
(4) The provision of statements from other people involved in the incident is available to the employee in advance of the hearing.
ACAS relates that "natural justice" is a fundamental principle of "fairness" and that it is necessary that the organization's procedures and policies are inclusive of the key aspects that characterize "natural justice" which includes:
(1) A fair hearing;
(2) Explanation of the reasoning behind a decision;
(3) Impartiality; and (4) A chance to appeal the initial decision. (ACAS, 2009)
In regards to Watson, the new recruit, while his offense was serious, simultaneously the shift supervisor and three other operators are viewed as having provoked the actions of the new recruit as they should have been role models setting the proper example for the new recruit. The operators should not be suspended but should be counseled as to the seriousness of the offense committed.
Policies and practices that should be instituted in this case would be to the effect that security guards report immediately to the HR manager all instances of employees who are leaving and returning during this shift and the documentation that the supervisor has provided allowing the employee to do so.
II. CASE STUDY -- PART B -- Why Organizations Need to Have Disciplinary and Grievance Procedures and Factors that Need to be Considered in the Design and Implementation of Such Procedures
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