Grievance and Discipline

1. Human Resource Management
Unit 5
Discipline and Grievance Procedures

3. Discipline is the practice of training people to obey rules,
using punishment to correct disobedience.
Objectives of Discipline
• To obtain a willing acceptance of the rules, regulations and
procedures of an organization so that organizational goals may be
attained
• To give direction and seek responsibility.
• To develop a spirit of tolerance.
• To increase the working efficiency and morale of the employees.

4. Types of Discipline
1. Self-Controlled Discipline: In this, the employee brings his
or her behavior into the agreement with the organizations
official behavior code, i.e. the employee regulates their
activities for the common good of the organization.
2. Enforced Discipline: It is a common discipline imposed
from the top ,here the manager exercises his authority to
compel the employees to behave in a particular way.

5. Approaches to Discipline
The different approaches to discipline include:-
1. Human Relation Approach- In human relation approach, the employee is helped
to correct his deviations.
2. Human Resources Approach- Under this approach, the employee is treated as
resource and the act of discipline are dealt by considering the failure in the area of
development, maintenance and utilization of human resources.
3. Group Discipline Approach- The group as a whole sets the standards of
discipline, and punishments for the deviations. The employees are awarded
punishments for their violation.
4. Leadership Approach- In this approach, every supervisor administers the rules of
discipline and guides, trains, and controls the subordinates regarding disciplinary
rules.
5. Judicial Approach- In judicial approach, in disciplinary cases are dealt on the
basis of legislation and court decisions.

6. Aspects Of Discipline
• Positive Aspect- Discipline takes the form of positive
support and reinforcement for approved actions and its aim
is to help the individual in molding his behavior and
developing him in a corrective and supportive manner. This
is also known as ‘positive approach’ or ‘constructive
discipline’.
• Negative Aspect- Employees sometimes do not believe in
and support discipline. Disciplinary programmes forces the
employees to obey orders and function in accordance with
rules and regulations through warnings, penalties and other
forms of punishment. This approach is also known as
‘negative approach’ or ‘corrective approach.

7. Disciplinary procedure model

8. • First warning (Oral Warning)
If it is determined that the employee is at fault he will be:
a) Told the reason for the warning;
b) Advised that this is first stage of the disciplinary procedure
c) Told how long the warning will remain on file (usually 6 months)
d) Told the consequences of further lapses of conduct or performance.
e) Given the right of appeal.
• Written warning or final warning-
If the alleged offence is serious or there has been inadequate improvement in
expected standards, it may be necessary to move to the next stage of the
procedure. If it is found the employee is at fault he will be:
a) Told the reason for the warning, which will be sent to him in writing;
b) Advised that this is second stage of the disciplinary procedure;
c)Told how long the written warning will remain on file (usually 12 months);
d)Told the consequences of further lapses of conduct of performance (possible
dismissal);
e)Given the right of appeal.

9. • Dismissal:
If there is no satisfactory improvement in an employee's performance or a further serious
misconduct occurs, an employee may be dismissed with notice or other appropriate
disciplinary action may be taken. If it is determined that the employee is that fault he will
be:
a) Told the reason for the dismissal
b) Advised that this is the final stage of the disciplinary procedure
c) Told, if dismissed, the amount of notice to be given and the last date of employment
d) Told whether notice is to be worked
e) Given the right of appeal
• Gross Misconduct:
The employee may be suspended, during which time normal rates of pay will be applied,
and such suspension will be for a short period. Example of acts of gross misconduct are:
a) Fraud
b) Theft
c) Being under the influence of alcohol or illegal drugs at work
d) Violence, abuse or threatening behavior
e) Falsification of documents/records
f) Damage to property

10. • Appeals:
An employee who wishes to appeal against any
disciplinary decision must do so to a named
person within 5 working days. The employee must
clearly state the reason for their appeal. The
employer will then hear the appeal at the earliest
opportunity and decide the case and conforming
the outcome in writing.

17. Termination of employment
• Termination of employment is an employee’s
departure from a job. Termination may be
voluntary on the employee’s part, or it may be
at the hands of the employer, often in the form
of:
Retirement
Resignation
Termination of contract
Layoff

18. Causes of Employment Termination
• Voluntary Termination: In a voluntary termination, an employee resigns from
his or her job. Resignations occur for a variety of reasons that may include: a
new job, new job in a distant location, an opportunity to take on a managerial
role, and retirement.
• Involuntary Termination: In an involuntary termination, an employer fires the
employee or removes the employee from his or her job. An involuntary
termination is usually the result of an employer's dissatisfaction with an
employee's performance or an economic downturn. Involuntary termination can
also occur in the form of a layoff if the business is unprofitable or overstaffed.
1- Employment at will
2- Termination for cause
• Mutual Termination: Occasionally, an employer and employee recognize that
they are not a good fit for whatever reason. They mutually agree to part ways in
a manner that makes neither party culpable for the termination. This approach to
termination is called agreeing on an exit strategy. No pain. The unwanted
employee, the unwanted job: gone.

19. Employment Rights after Job Termination
1- At will employment
2- Receiving your final paycheck
3- Maintaining health coverage
4- Receiving unemployment compensation
5- Get a free legal evaluation of your rights after losing job

20. Retirement
• Retirement is the point where a person stops employment completely. A
person may also semi-retire by reducing work hours.
• An increasing number of individuals are choosing to put off this point of
total retirement, by selecting to exist in the emerging state of Pre-
Retirement.
Consequences Of Retirement
Six longitudinal data sets were used to examine the consequences of
retirement controlling for preretirement characteristics. Results show:
• (a) about one-half to three-fourths of income differences between retired
and working men was caused by retirement;
• (b) little, if any, of the health differences are caused by retirement;
• (c) there are few effects of retirement on social activity;
• (d) there are few effects on attitudes such as life satisfaction and
happiness. Early retirement, however, has stronger effects than
retirement at normal ages. The results show that retirement has different
effects depending on type of outcome and timing of retirement.

21. Resignation
A resignation is the formal act of giving up or quitting one's office or
position. A resignation can occur when a person holding a position gained
by election or appointment steps down, but leaving a position upon the
expiration of a term is not considered resignation. When an employee
chooses to leave a position, it is considered a resignation, as opposed to
involuntary termination, which occurs when the employee involuntarily
loses a job. Whether an employee resigned or was terminated is sometimes a
topic of dispute, because in many situations, a terminated employee is
eligible for severance pay and/or unemployment benefits, whereas one who
voluntarily resigns may not be eligible. Abdication is the equivalent of
resignation of a reigning monarch or pope, or other holder of a non-
political, hereditary or similar position.

22. Reasons for Resigning
• Work location is too far from home.
• A better opportunity came up.
• Salary and benefits were not satisfactory.
• Continuance of education.
• Maternity leave.
• Personal last minute resignation.
• You plainly don’t like your job or boss.
• Change in career paths all together.

23. Rights and legal position of a
Resignation
• Resignation is a unilateral act on the part of an employee which brings the employment
relationship to an end. In other words, by handing in her resignation, the employee ends
the employment relationship.
• It is something done by the employee alone and is not something that requires your
input or agreement. The court clarified that a resignation involves two separate
elements:-
1. The unilateral act of resignation; and
2. The requirement to give notice.
• The resignation isn’t invalid if the employee doesn’t give proper notice. This simply
creates a breach of contract.
• An employee must give a minimum period of notice, which depends on how long the
person was employed, and ranges from one to four weeks (Section 37(1)(c) of the
BCEA). But you can waive any part of that notice provided you pay the employee in
lieu (Section 38(2) of the BCEA). If notice is given and you don’t waive the notice
period then the contract terminates on expiry of the notice. If you waive any part of the
notice, the contract terminates when the employee leaves work.

24. Few things to consider when dealing
with resignations
• When your employee resigns and you accept her resignation, you should confirm your acceptance
in writing.
• A resignation brings the employment contract to an end immediately or at the end of the notice
period, depending on what is accepted by the employer.
• A resignation terminates the employment relationship. The Basic Conditions of Employment Act
says that you are required to provide your employee with a certificate of service when she leaves
your employment, irrespective of the reason why she leaves your employment. Therefore, when
your employee resigns, you are required to provide her with a certificate of service.
• When an employee resigns she is normally obliged to work out the notice period that is stated in
her contract of employment or that is required by law. This is because the purpose of a notice
period is to allow you to find a replacement and ensure there is a smooth hand-over so business can
continue without interruption despite the employee’s resignation. If your employee resigns
without giving you notice as required by law or in terms of the employment contract, she is in
breach of contract and you don’t have to pay notice pay in such a situation. If, after she’s given
notice, the employee doesn’t work out her notice period you don’t have to pay her (no work, no
pay). If the employee gives late or short notice that’s a breach of contract, you can either hold the
employee to what’s left of the contract or cancel and sue for damages. If the employee doesn’t give
proper notice and you choose to hold her to the contract, then the contract terminates after the full
period of the notice.

25. Termination of Contract
• To terminate a contract means to end the contract
prior to it being fully performed by the parties. In
other words, prior to the parties performing all
often of their respective obligations required by
the contract their duty to perform these
obligations ceases to exist.

26. Consequences of Termination of a
Contract
• Both parties are discharged from future obligations
under the contract.
• Accrued rights are preserved.
• Parties are still liable for breaches of the contract
before termination.
• Parties are still liable for breaches of the contract
before termination.
• Transfer of assets in a joint venture agreement.
• Only damages flowing from the breach of contract
can be awarded.
• Certain obligations would still continue.

27. Difference between Resignation and Termination of Contract
Basis Resignation
Termination of
Contract
Definition
A resignation is the formal act of
giving up or quitting one's office
or position.
A termination is when the
employer fires the employee.
Also known as Quitting Being fired or laid off
Initiated Employee-initiated Employer-initiated
Time Period
Must provide notice period,
often of two weeks or a month.
May be asked to leave immediately, at
the end of the month, or after
completing current work or project.

28. LAYOFF
• A layoff temporarily suspends the contract of
employment between the employer and the
employee. In other words, a laid off employee
may be called back to work. The employee
retains his employment relationship for the
duration of his layoff and the contractual
relationship is maintained.

29. Reasons for Company Layoffs
• Cutting Costs
• Lack of Funds
• Lack of Work
• Relocation
• Mergers
• Buy-Outs
• Termination of Projects

30. A few ways to avoid from getting Laid
Off
• Network thoroughly with co-workers.
• Don’t be basic, show yourself to be more strategic in
the role you play.
• Be a risk-taker, but balance your risk with integrity.
• Make sure the goals that have been set are being
achieved. Give them results not promises.
• Improve yourself as a person, especially the kind of
behavior you display with others in the company.

31. Exit Interviews
• An exit interview is a wrap-up meeting between management
representatives and someone who is leaving an organization, either
voluntarily or through termination.
• Exit interviews are common in business, education and government
environments. The purpose of the interview is to gather useful feedback
that can help guide future practices and improve recruiting and retention.
• In a corporate environment, exit interviews are usually conducted by
human resources (HR) personnel. Alternatively, depending on the size of
the company and other factors, interviews may be conducted by
management or outsourced to an HR service provider.
• The interview may be conducted in person, over the phone, through chat
or email, or in an online survey. In general, interactive methods are
considered more useful than surveys because they allow interviewers to
respond to the employee and develop follow-up questions that can yield
more in-depth information.

32. Common exit interview themes
• Job satisfaction
• Reasons for leaving
• Frustrations
• Efficacy of organization policies or procedures.
• The work environment
• The work itself
• The organization culture
• Supervisors and team members
• Compensation and benefits packages

33. Consequences
• Shortening and improving effectiveness of the recruitment process
• Reducing employee absenteeism
• Sustaining or raising organizational performance through potential
• Increase employee engagement and alignment, and
• Reducing possible litigation issues.