Discipline Employers>> clear disciplinary standards and evidences>>employees>> notice policies and procedures. Standards applied uniformly.

. The company should retain the right to determine what discipline will be imposed in each individual situation. The disciplinary procedure should follow four rules: The employee...

Nature of the problem. What he or she must do to fix the problem. A reasonable period of time in which to fix the problem. Understand the consequences of inaction.

Challenge for employers>>how to reconcile being consistent in the application of discipline: Consideration the specific facts tend to make each disciplinary incident unique.

Evaluate these 4 criteria when determining the most effective level of disciplinary action: 1. The severity of the offense. 2. The employees past performance record. 3. The employees length of service with the organization. 4. The organizations past practice when dealing with this situation. Definition and purposes Definition: Discipline refers to the actions imposed by an organization on its employees for failure to follow the organization's rules, standards, or policies. Traditional approaches to discipline, based on punishment, are known to promote adversarial relationships between leaders and followers. A more effective approach now being used by many companies recognizes good performance and encourages employee commitment to the organization and its goals. Once employees see the discrepancy between actual and expected performance, the

burden is on the employee to change. Even with more positive approaches to discipline, organizations still need to have some form of disciplinary procedure, whether formal or informal, that carries successively stiffer penalties for repeated or more serious offenses. Purposes: The purpose of discipline is to encourage an employee who is not reaching the desired standard of behaviour or work performance to improve and maintain an acceptable level. It is important to tackle any problem quickly, hopefully informally, before it becomes serious and requires more formal disciplinary action. When use of the disciplinary procedure becomes necessary this should not primarily be viewed as a punishment, which could lead to resentment and a hardening of attitudes but, insofar as is reasonably possible, a positive means of managing and improving an employee's conduct or performance. Disciplinary procedures should, therefore, always be conducted in a dispassionate and non-personal manner. Concept of positive discipline Concept: It is the creation of a conductive climate in an organization so that employees willingly confirm to the established rules. A few guidelines for establishing a climate of positive discipline are given below:

There must be rules and standards. Rules and standards must be reasonable. Rules should be communicated>>known and understood by all employees. An employee manual can help with communicating rules.

employees are expected to adhere to it. Even though rules exist, people should know that if a personal problem or a unique situation makes the rule exceptionally harsh, the rule may be modified or an exception be granted.

There should be no favourites and privileges should be granted only when they can also be granted to other employees in similar circumstances. This means that it must be possible to explain to other employees, who request a similar privilege with less justification, why the privilege cannot be extended to them in their particular situation.

Employees must be aware that they can and should voice dissatisfaction with any rules or standards they consider unreasonable as well as with working conditions they feel hazardous, discomforting or burdensome.

Employees should understand the consequences of breaking a rule without permission. Large companies have disciplinary procedures for minor violations which could apply equally well in small companies. They usually call for one or two friendly reminders. If the problem continues, there is a formal, verbal warning, then a written warning, and if the employee persists in violating rules, there would be a suspension and/or dismissal. In violations of more serious rules, fewer steps would be used. It is not easy to communicate this procedure since it should not be so firm that it can be expressed in writing. If it is made clear to employees who violate a rule at the first reminder, the procedure soon becomes understood by all.

There should be an appeals procedure when an employee feels you have made an unfair decision. At the very least, the employee should be aware that you are willing to reconsider your own decision at a later time.

Employees should be consulted when rules are set. There should be recognition for good performance, reliability and loyalty. Negative comments, when they are necessary, will be accepted as helpful if employees also receive feedback when things go well.

Concept of progressive discipline States: penalties must be appropriate to the violation. If inappropriate behaviour is minor in nature and has not previously occurred, an oral warning may be sufficient. Violation>>written warning (done according to a procedure) >> the conduct of the employee is still not along desired lines>> serious punitive step initiated. Major violations>>justify termination of an employee immediately. Typical steps in a progressive discipline system may include these:

Counsel the employee about performance and ascertain his or her understanding of requirements. Ascertain whether there are any issues contributing to the poor performance that are not immediately obvious to the supervisor. Solve these issues, if possible.

Verbally reprimand the employee for poor performance. Provide a written verbal warning in the employee's file, in an effort to improve employee performance.

Provide an escalating number of days in which the employee is suspended from work. Start with one day and escalate to five.

Principle of natural justice States: no man should be held guilty without getting an opportunity to explain his point of view. It states that the worker be given a fair chance:

To present evidence of his own choice; To cross examine the management's evidence; To explain his point of view without any pressure or fear.

Due or domestic enquiry Due enquiry Without being too legalistic of this requirement for discipline, there is yet another phrase "due enquiry" which needs some clarification as to how employers must conduct enquiries under the Employment Act. Certain procedural guidelines and principles were laid down by two Industrial Court Awards as follows:

(i) Enquiry>>commenced as early as possible;

(ii) That the employee concerned be given particulars of the alleged misconduct, in writing, if necessary;

(iii) That the employee be given reasonable time to prepare his case; (iv) that the employee, if he requests, be given the opportunity to be represented by his trade union official at the enquiry;

(v) That as far as possible the person conducting the enquiry should be free from bias and have no personal interest in the case;

(vi)That the employee be given every opportunity to cross examine all witnesses produced, if he so wishes.

Domestic enquiry Before taking disciplinary action against a worker, management must hold a domestic enquiry, following the principles of natural justice. The enquiry must be conducted by an impartial person who is fully conversant with the intricacies and procedures of domestic enquiries. Then a notice of enquiry has to be issued to the worker, giving the time, date and place of enquiry and the name of the person holding the enquiry. The worker is supposed to come to the place of enquiry with supportive evidence and witness of his choice at the appointed time and date. The charges made by the employer against the employee are explained to the worker. If the worker agrees with the charges made against him, the enquiry is dropped. If he pleads innocent, the proceedings continue in the presence of the accused. During the course of enquiry, examination and cross-examination should be free and proper and all documents are open to be seen by the parties. If the worker does not turn up at the appointed date and time, the proceedings are held ex-parte. The findings of the enquiry are then conveyed to management in writing. Before taking any punitive action, management should keep in view the gravity of misconduct. The punishment awarded should not be out of proportion to the misconduct of the employee. The order of punishment has to be handed over to the worker immediately. If the punishment does not seem to be fair, the worker can go to the labour court or industrial tribunal.