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CH10: Disciplinary Systems & Termination of Service - Coggle Diagram
CH10: Disciplinary Systems & Termination of Service
criteria to be used in promoting workers
Seniority
Merit
Dealing with absenteeism
❑ Keep
records
❑ Have clear
procedures
❑ Take
disciplinary action,
when necessary
encourage full attendance by offering
incentives
Methods for handling employee grievances
❑
Listening
skills
❑
Understanding
of rights of employees and employers
❑
Counselling
skills
❑
Problem-solving
skills
effective systems for taking disciplinary action
penalties
❑ Oral warning
❑ Written warning(s)
❑ Suspension without pay
❑ Demotion or downgrading
❑ Dismissal
problems relating to transfer of workers
Why transfer:
❑ To
fill vacancies
for experienced workers
❑ To
solve people problems
❑ To provide
training
to employees
❑ For
personal
, non-work related reasons
❑ To have an opportunity to
learn
❑ To overcome
boredom
Right subject to:
❑ Any express clause in the
contract of employment.
❑ The reason for the transfer must be a legitimate
business reason.
❑ The reason for the transfer must
not be
for the purpose of
harassing or victimizing the employee
.
❑ The transfer must
not be
to the
detriment of the employee’s
terms and conditions of employment
Resignation and retirement
Employees have the right to resign without assigning any reason
the employee must give notice to the employer as required by his contract of employment
Appropriate dismissal procedures to be used in cases of misconduct and poor performance
Misconduct
❑ Carefully
record
any complaint of alleged wrongdoing
❑
Investigate
the complaint thoroughly.
❑
Charge
the employee
❑ Hold a
domestic inquiry
Poor Performance
❑
Warn
the employee.
❑
Assist
him to improve his performance.
❑ Give him
adequate time
to improve.
Causes of redundancy and recommended procedures for retrenching workers
Redundancy may be caused by
❑
Mergers
and
acquisitions
❑
Restructuring
❑
Financial
problems
❑ Changes in
technology
❑
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
Procedures for retrenchment:
❑
Consult
the trade union and inform the workforce
❑ Choose
who
to retrench
❑ Provide
outplacement services
❑
Inform
the Labour Department
❑
Pay
termination or retrenchment benefits
role of the Industrial Court in the termination of an employee’s contract
If the dismissal was without just cause or excuse, the court will either:
order the employer to reinstate the employee
order the employer to pay compensation to the employee for loss of his employment
The Industrial Court will
decide
whether the employee was dismissed with or without just cause or excuse
If the dispute is referred to the Industrial Court, an
arbitration hearing will be held
Where
no agreement is reached
, the Director-General of Industrial Relations will inform the Minister of Human Resources who will decide
whether or not to refer the dispute to the Industrial Cour
t
result
of conciliation
the employer may agree to reinstate the employee
The employee may agree to withdraw their claim
The employer and employee may agree on a compensation package to settle the claim
The employer and employee may not reach any agreement
Attend a
conciliation meeting
with the ex-employer, called for by the Department of IR
File a request
for reinstatement at the nearest Department of Industrial Relations (IR)
expiry of a fixed-term contract at the end of the agreed time period