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CHAPTER 9: DISCIPLINARY SYSTEMS ANDTERMINATION OF SERVICE, NUR DIANA BINTI…
CHAPTER 9: DISCIPLINARY SYSTEMS ANDTERMINATION OF SERVICE
DISCIPLINARY SYSTEMS
Must be fair and just
In a fair disciplinary system, employees know the rules & know what they can do and don't.
When employees behave is an unacceptable manner, they are punished.
Purpose punishment: Change the employee's behavior and send warning to others.
PENALTIES
Written warning(s)
Suspension without pay
Demotion or downgrading
Dismissal
Oral warning
POTENTIALLY PROBLEMATIC ISSUES
TRANSFER:
Is a lateral move of an employee from on job to another, or from one department to another and etc.
1.Employers transfer employees
To fill vacancies for experienced workers
To provide training to employees
To solve people problems
2. Employees may request transfer
For personal, non-work related reasons
To have an opportunity to learn
To overcome boredom
PROMOTION OF EMPLOYEES
Promotion is reassignment of an employee to a job at a higher level in the organization.
Promotion opportunities motivate employees, providing the promotion system is perceived as being fair and transparent.
Criteria for Promotion
Seniority & Merit
An effective performance appraisal system is required to identify which employees are suitable for promotion.
GRIEVANCE HANDLING
Effects of Unresolved Grievances
Effects of Unresolved Grievances
Resignation of employees
Depression amongst employees
Poor quality and quantity of work
High accident rate
High rate of illness
Complaints from customers
Complaints to the Department of Labour and other bodies
Aggressive unionism
Reduced output
Lowered productivity
Lowered profitability
GRIEVANCE PROCEDURE
A grievance procedure is a formal process for hearing and resolving employees’ complaints.
A grievance procedure will establish deadlines for each stage at which a grievance is heard.
Grievances should be settled at the lowest level possible.
ABSENTEEISM
Workers who are regularly absent from work without permission granted in advance cause problems.
Employers must have systems in place to reduce unauthorized absences.
Take disciplinary action, when necessary
Have clear procedures
Keep records
PENALTIES FOR ABSENT
Employees may be punished for absence.
FIXED-TERM CONTRACTS
Fixed-term contracts expire at the end of the agreed time period.
Fixed-term contracts are acceptable to the Industrial Court if they are for genuine business reasons.
An employee on fixed-term contract may file a claim under the Industrial Relations Act if his contract is not renewed.
The Industrial Court will not interfere with an employer’s decision not to renew a fixed-term contract if the employer has an acceptable reason for the decision.
RESIGNATION
Employees have the right to resign without assigning any reason.
Prior to resigning, an employee must give notice to the employer as required by his contract of employment.
RETIREMENT
Retirement refers to the time of life when one chooses to permanently leave the workforce behind.
REDUNDANCY AND RETRENCHMENT
Redundant employees may be retrenched.
Because of the negative consequences of retrenchment to employees and society, employers are expected to avoid retrenching employees, if possible.
Redundancy occurs when an employer has excess employees.
Mergers and acquisitions
Restructuring
Financial problems
Changes in technology
To avoid retrenchment, employers could:
Freeze external recruitment and redeploy employees into any vacancies which arise.
Conduct a voluntary separation scheme (VSS).
Reduce wages if employees agree.
Reduce costs.
DISMISSAL FOR MISCONDUCT
Misconduct is any behaviour that is in conflict with the employer’s interests.
Employers have the right to punish an employee for misconduct.
Major misconduct may be punished by dismissal.
Before dismissing an employee on grounds of misconduct, an employer must:
Carefully record any complaint of alleged wrongdoing.
Investigate the complaint thoroughly.
Hold a domestic inquiry.
Charge the employee
FRUSTRATION OF CONTRACT
Frustration of contract occurs when an employee is unable to perform the work for which he was employed because of reasons beyond his control.
NUR DIANA BINTI NOR HAPANDI (2018437168)