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20th March 2013 – Association of Irish Risk ManagementMitigating Risk through effectiveGrievance & Disciplinary Procedures...
* Why have a Grievance and Disciplinary procedure?     * A typical procedure for grievance & disciplinary     * What is gr...
* Ensure fairness and consistency      * Save employers time and reduce risk of employee        disputes      * Legal obli...
* Stage 1 – one week      * Stage 2 – one week      * Stage 3 – one week      * External – Rights Commissioner etcwww.kala...
* Pre Disciplinary – Informal discussions      * Stage 1 – Formal Verbal Warning – 3 months      * Stage 2 – First Written...
*Theft, fraud or deliberate falsification of records   *Violence, threats of violence, intimidation or fighting   *Sexual,...
* Provided in written format * Clear, reasonable and rational * Have an informal stage first * Have an internal appeals me...
* Right to be informed of the complaint against them & be   given sufficient opportunity to present their case & call   wi...
*Promotes a culture of high performance     *Highlights non-tolerance for underperformance     *Provides a procedure for m...
* Review procedure regularly – keep it current     * Ensure all staff are trained and retrained     * Conduct exit intervi...
* Thank you* For further details please contact info@kala.ie or call 01 406 14 75* Visit our website www.kala.ie for more ...
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Mitigating Risk through effective Grievance & Disciplinary Procedures

Overview of best practice Grievance & Disciplinary Procedure

Overview of best practice Grievance & Disciplinary Procedure 1
Why have a Grievance and Disciplinary procedure? 1
What are the stages? A typical procedure for grievance & disciplinary handling 1
What is gross misconduct? 1
So what is best practice? 1
Employee Rights 2
How to avoid stress related illness claims 2
Advantages of linking Disciplinary Procedures to Performance Management 3
Some general tips 3
Why have a Grievance and Disciplinary procedure?

Ensure fairness and consistency.
Save employers time and reduce risk of employee disputes.
Legal obligation to provide staff with written procedures before dismissal.
Provides employers an opportunity to manage disputes internally directly with staff.
Can avoid issues escalating unnecessarily.
Courts and Employment Tribunals will be influenced when deciding on a dispute.
Good practice and gives a good impression of the company.
A typical procedure for grievance & disciplinary handling

Pre Disciplinary – Informal discussions
STAGE 1 – FORMAL VERBAL WARNING – 3 MONTHS
STAGE TWO – FIRST WRITTEN WARNING – 6 MONTHS
STAGE THREE – FINAL WRITTEN WARNING – 12 MONTHS
STAGE 4 – DISMISSAL FOLLOWING A SERIES OF WARNINGS
Given due notice of termination of employment
Terminated with pay in lieu of notice.
Transferred to other duties including demotion.
Summary Dismissal – Gross Misconduct
What is gross misconduct?

Examples of gross misconduct –

Theft, fraud or deliberate falsification of records.
Violence, threats of violence, intimidation or fighting
Sexual, racial or other harassment.
Unauthorised use or disclosure of confidential information
Attending work under the influence of alcohol or non-medically prescribed drugs.
Any action that may bring the Organisation into disrepute.
Serious acts of insubordination
Any criminal offence that may adversely affect the interest of the Organisation or its employees.

“These areas however, are not exclusive and instances of a similar nature will also be dealt with in the same way”.
So what is best practice?

The Labour Relations Commission (LRC) wrote up a strong code of practice on Grievance and Disciplinary outlining general guidelines for employers. (http://www.lrc.ie/documents/publications/codes/5GrievanceDisciplinary.pdf)

Provided in written format
Have an informal stage first
Have an internal appeals mechanism
Clear, reasonable and rational
Have timescales specified
Broken down in stages – progressive procedure
Trained and understood by all
Included in induction procedure
Grievance Procedure should be similar length as Disciplinary Procedure
Highlight examples of gross misconduct
Be linked to all other policies and procedures – including performance management.
Employee Rights

At each stage of the disciplinary procedure, employees have:
The right to be informed of the complaint against them and be given s

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Mitigating Risk through effective Grievance & Disciplinary Procedures

  1. 1. 20th March 2013 – Association of Irish Risk ManagementMitigating Risk through effectiveGrievance & Disciplinary ProceduresGillian Knight, FCIPD, MSc gillian@kala.ieManaging Director, Kala Management Solutions Ltd
  2. 2. * Why have a Grievance and Disciplinary procedure? * A typical procedure for grievance & disciplinary * What is gross misconduct? * So what is best practice? * Employee Rights * Advantages of linking Disciplinary Procedures to Performance Management * Some general tips * Q&Awww.kala.ie
  3. 3. * Ensure fairness and consistency * Save employers time and reduce risk of employee disputes * Legal obligation to provide staff with written procedures before dismissal * Provides employers an opportunity to manage disputes internally directly with staff * Can avoid issues escalating unnecessarily * Courts and Employment Tribunals will be influenced when deciding on a dispute * Good practice and gives a good impression of the companywww.kala.ie
  4. 4. * Stage 1 – one week * Stage 2 – one week * Stage 3 – one week * External – Rights Commissioner etcwww.kala.ie
  5. 5. * Pre Disciplinary – Informal discussions * Stage 1 – Formal Verbal Warning – 3 months * Stage 2 – First Written Warning – 6 months * Stage 3 – Final Written Warning – 12 months * Stage 4 – Dismissal following a series of warnings Given due notice of termination of employment Terminated with pay in lieu of notice Transferred to other duties including demotion * Summary Dismissal – Gross Misconductwww.kala.ie
  6. 6. *Theft, fraud or deliberate falsification of records *Violence, threats of violence, intimidation or fighting *Sexual, racial or other harassment *Unauthorised use or disclosure of confidential information *Attending work under the influence of alcohol or non-medically prescribed drugs *Any action that may bring the Organisation into disrepute. *Serious acts of insubordination *Any criminal offence that may adversely affect the interest of the Organisation or its employees “These areas however, are not exclusive and instances of a similar nature will also be dealt with in the same way”www.kala.ie
  7. 7. * Provided in written format * Clear, reasonable and rational * Have an informal stage first * Have an internal appeals mechanism * Have timescales specified * Broken down in stages – progressive procedure * Trained and understood by all * Included in induction procedure * Grievance Procedure should be similar length as Disciplinary Procedure * Highlight examples of gross misconduct * Be linked to all other policies and procedures – including performance management. LRC code of conduct – http://www.lrc.ie/documents/publications/codes/5GrievanceDisciplinary.pdfwww.kala.ie
  8. 8. * Right to be informed of the complaint against them & be given sufficient opportunity to present their case & call witnesses to support their case, as appropriate * Right to be accompanied to disciplinary meetings by a colleague or friend to record the proceedings on their behalf (Note – Employee representative includes a colleague of the employee’s choice and a registered TU but not any other person or body unconnected with the company) * Right to normally not be dismissed for a first offence, other than gross misconduct * Right to written confirmation of meetings * Right of appeal, refer the matter to a Rights Commissioner once internal procedure has been exhausted.www.kala.ie
  9. 9. *Promotes a culture of high performance *Highlights non-tolerance for underperformance *Provides a procedure for managing employee out of the business *Reduces risk of Unfair Dismissal Claims *Employees are clear on what is expected of themwww.kala.ie
  10. 10. * Review procedure regularly – keep it current * Ensure all staff are trained and retrained * Conduct exit interviews for feedback on how staff view the system * Survey all staff and management to ensure system is effective * Hire a professional for initial set upwww.kala.ie
  11. 11. * Thank you* For further details please contact info@kala.ie or call 01 406 14 75* Visit our website www.kala.ie for more HRM management articles

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