2. Introduction ' Management is the process of efficiently
getting activities completed with and through other people. The
Management process includes planning, organizing, leading and
controlling activities that take place to accomplish objectives.
People vs Other factors 3. HR Function Recruitment, Selection,
Development, Motivation, Retention Obtaining the services of
people, preparing them, activating them and keeping them.
Discipline Misconduct Punishment is about, -activating -retaining
or not retaining people 4. Understanding what discipline is all
about The standard of performance the company expects from the
worker is Discipline. Performance is also a kind of behaviour. A
kind of behaviour that is expected by the organization. Assume that
employee performance is a function of his skill and motivation. (P
= S X M). Some workers will not provide the accepted behavior even
if they have the skill and motivation. 5. Right kind of people, in
the right number, in right places, at the right time is part of
Human Resource Planning (HRP). Attracting and retaining the right
persons to the organization is important But only the right persons
Human Resources Dicsiplinary Control 6. What about wrong Persons ?
What about wrong persons ? Reform or Rejected Let us look at the
next picture 7. Keep them Informed Employees are informed about
Discipline through Letter of Appointment Disciplinary Code Employee
Hand book Notices Circulars etc. 8. Now Let us look at some cases
9. Sri Lankan Ports Authority Vs Balin Silva A workman was absent
on 3 earlier occasions and duly warned and punished in terms of the
Circular. 4th time he was terminated. The L.T. held that it was two
harsh a punishment and that the Circular was enforced
discriminately. The Court of Appeal found no grounds that the
Circular was applied discriminately and termination was up held.
Court of Appeal held that the Circular should be strictly applied
in order to maintain discipline among such a large group of
employees. There were around 15, 000 employees. 10. What are
Expressed and Impressed conditions of Employment ? Conditions of
employment expressed. implied 11. Discipline-Misconduct-Punishment
External Force- Punishment Eg. An employee who is habitually late
(a behavior which is not accepted) is punished (external
disciplinary force), So that his behavior is modified. This is an
issue that involves discipline, misconduct and punishment. 12. What
is Discipline ? DISCIPLINE Discipline is simply good behaviour. A
situation where there is no issues, disordered, chaos, confusion,
disobedience, misconduct etc. It is the expected standard of
behaviour of employees, which is required for an organisation to
function in an orderly and legal manner. The conduct, expected by
the organization ( Silva 1995) The term discipline refers to a
condition in the organisation. When employees conduct themselves in
accordance with the organizations rules and standards of acceptable
behaviour. ( De Cenzo and Robbins 1999) Discipline is about
Expected Behavior standards 13. In other words.. The word
discipline is synonymous with the words regulation, order, control,
restraint, obedience authority 14. Let us look at some more
definitions of Discipline 15. Practice of controlling the employees
through strict laws and punishing them when they are violated.
Method of encouraging employees to behave in accordance with the
standards created by the organization Training that is used to have
organisation regulations enforced. Official instructions given by
the organisation as to what an employee should do and should not
do. Eg. Work should commence at 8.15 A.M. daily Objective of
discipline is to encourage workers to behave in a sensible manner.
Behave in a sensible manner 16. Why do we need Discipline ? 17.
From a case The Ceylon General Workers Union Vs Wellawatte Spinning
and Weaving Mills Limited It was observed I consider a quarrel
among workman a serious matter and deserves the highest reprimand .
If workman cannot settle their affairs peacefully it will
eventually end in a breakdown or at least destruction the smooth
flow of work in the work place 18. To.. To regularize the behavior
of the employees. smooth and efficient functioning of an
Organization, To preserve organizations rules and regulations which
are made to achieve objectives. As a part of the controlling
function in Management, For the health and safety of workers
prevent accidents To build a mutual co-operation amongst workers.,
To co-ordinate different departments of the Organisation, 19. EDM
What is meant by Employee Disciplinary Management (EDM)? 20. EDM ..
It is the systematic procedure of creating, promoting and
maintaining employee discipline so that goals and objectives of the
Organization are accomplished.. 21. Components of EDM policy
statement. the rules and regulations, Why so authority Awareness .
Monitor violations. Punishment Reviewed and revised . Creating
Awareness . 22. Explain. Explain the Terms -Preventive Discipline
and -Corrective Discipline 23. Preventive Disciplining Employees
Before-Preventive Discipline intended to prevent any rule violation
A proactive approach. HR Department can help to create awareness
programmes. create a preventive disciplinary culture in the
organization 24. Corrective Disciplining Employees After -
Corrective Discipline after a breach of a discipline prevent any
future rule violation. A reactive approach. fire - fighting 25. +
and - Positive and negative Approaches to Discipline 26. ++++++++
Positive Approach to Discipline Not personal. Rejects the
misconduct not the employee. To reform Employees are bound to make
mistake - Way forward in HRM 27. - - - Negative Approach to
Discipline Personal. Rejects Employee not the misconduct. To take
revenge, Employees should not commit any mistake -Way back wards in
HRM 28. Hot Stove What is Hot Stove principle ? When one touches a
Hot Stove, the result is instant it burns. People know that if one
touches a Hot Stove he /she burns up. This is a warning. The result
of touching a Hot Stove does not change From time to time there is
a consistency of the result, i.e. each time it is touched, there
will be burning. Further the degree of the burn depends on the
duration you keep touching it, Finally the result is not personal.
However, touches get burnt irrespective of, gender, age or statues
29. Application. Application of Hot - Stove principle to Punishment
instant. Response Warning Prevents Consistency is crucial Degree
Gravity personal, No luck 30. Note In the case of The Ceylon
Plantation Workers Union Vs Superintendent Baddegama Estate It was
held that (Our courts have repeatedly held) the fact that an
employee occupies an important position in his union doesnt entitle
him to any immunity from punishment or different treatment in the
matter of punishment 31. Be Positive 32. Be positive - What is
meant by Progressive Discipline ? oral warning, 1st st warning, 2nd
warning, Final warning 2nd Final warning Termination 33. Be
positive Counseling Approach for Discipline identify the causal
effect. Use counseling techniques-listen one individual uses a set
of techniques or skills to help another individual take
responsibility or and to manage their own decision making whether
it is work related or personal E.g. an employee being late for work
regularly Eg Good employee absent regularly as of late 34. How to
give feedback to employees? 35. Sandwich Model of giving feedback
Your punctuality is excellent + but you always report 15 to 30
minutes late after the lunch break that affects our operation - If
not you are our most productive worker + 36. Misconduct What is
MISCONDUCT ? The word Misconduct is synonymous with the words
,Misdemeanor, delinquency ,transgression bad behaviour,
misbehaviour, and wrong doing ,offence etc As per the case of
Shalimar Rope Works Mazdoor Union Vs. Shalimar Rope Works Ltd.
(1953) .. . An act should be regarded as an act of misconduct if it
is inconsistent, with the fulfillment of express or implied
conditions of service or if it has a material bearing on the smooth
and efficient working of the concern 37. Why does a person
misconducts himself or herself ? 38. Why does a person misconducts
himself or herself economic, environment natural inclination to
misconduct, unsuitable working conditions, bad management deviation
from past practices, 39. denial or neglect of known issues sudden
provocation, conflict of interest or values, Psychological reasons,
individual styles, disorganization, selfish interest, ulterior
motives or malicious intent, disparity in relative skills, etc
conflict if not resolved lead to misconduct. 40. Situations
Misconduct Arises .. Attendance, On the JOB behaviors. Dishonesty,
Out side activities. 41. Gravity of the Incident GRAVITY Position
held by the employee In the case of H.G. Jayasekera vs The Ceylon
Transport Board, a Conductor attempted fraud of Rs.1.40. The Court,
taking into consideration the nature of the business which was
transporting people for money and the employees position, the Court
held that as such the employee, being the conductor who is in
charge of collecting the money should act honestly. Hence, this was
considered a grave act of misconduct 42. Gravity. The Nature of the
Business In the case of Ceylon Mercantile Union vs Bartleet and
Company, the employee was found trying to remove 16 ounces of tea.
The Employees Union was going on the basis that, as the quantum is
small, it is not a grave act of misconduct, but the Court held that
the nature of the business was producing tea and what the employee
stated was the main produce. Hence, it was a grave act of
misconduct. In a similar case LEWU vs The Superintendent Glen Alpin
Group an employee who has worked for 36 years was terminated for
having take 5-6 ounces of tea without the employers permission. 43.
E code says The Establishment Code E-code states that the
seriousness of the misconduct must be judged not only by the Act
itself but in relation to the office held by the person concerned
and the circumstances surrounding it (p.66 Vol. II). 44. Keeping
away from work Absenteeism Absenteeism becomes a misconduct when it
is habitual and without authority. In the case of All Ceylon
Commercial and Industrial Workers Union VS General Industries
Limited it was held that chronic absenteeism strikes to the very
root of production , and employer cannot reasonably expected to
tolerate such behavior beyond certain point . In the case of Bawa
Crockery House Limited Vs Bhoumik the courts held that absence of
the workman for half a day without justification is not misconduct.
It has to be habitual and continues. 45. Getting late Late
attendance Perera Vs The Insurance Corporation of Ceylon it was
held that Repeated Unpunctuality is serious breach of duty 46.
Being Negligent. Negligence in the case of Lever Bros Eksath
Kamkaru Samithiya Vs Lever Bros (Ceylon) . The Supervisor in charge
of certain machinery was found sleeping on duty at his work
station. The machines should be attended to all the time if not
there could be serious damage caused to the workers and property.
The supervisors conduct was considered as an act of negligence 47.
Disobeying. Disobedience, It was held in Premadsa Rodrigo Vs Ceylon
Petroleum Corporation The person issuing a relevant order must have
the authority to do so ,if not there can be no disobedience .Order
must be clear, positive and unambiguous. It was held in Equipment
and Construction Company Vs Cooray that Refusal to obey reasonable
orders is a misconduct 48. Abusing Abuse , In the case of Wanija Ha
Karmika Sewaka Sangamaya Vs Ceylon Glass Company Hooting ,jeering
and humiliating an executive is a misconduct . 49. Assaulting..
Assault, In the case of Piyasena VS Battaramulla Talangama Town
Council it was held that Assaulting a superior officer even outside
the premises and out of working hours is a grave misconduct In the
case of Ceylon Mercantile Union vs M.D.Gunasena and Co Ltd., it was
held that Assaulting a fellow employee is misconduct 50. Being
dishonest. Dishonesty It was held in the case of The CMU vs M.D.
Gunasena and co limited alteration of a medical certificate amounts
to misconduct Iin the case of Nidahas Karmika Saha Velanda Sevaka
Vurthiya Samithiya vs K.W. Susiripala it was held that Diverting
the employers customers to a business rival was misconduct. In the
case of The CMU Vs The British Electric Co Ltd it was held that
Conspiracy to ruin the employers business, is misconduct . In the
case of Charted Bank of India Vs Patel it was held that disclosing
confidential information relating to the employers business, was a
dishonest act. 51. Being drunk Drunkenness. It was observed In the
case of Cloustan & Co Limited Vs Corry The intoxication may be
habitual or gross and directly interfere with the business of the
employer or the ability of the servant to render service. Or it
also could be an isolated act committed under circumstances of
festivity and in no way connected with or effecting the employers
business , hence it depends on the question of fact . In the state
sector consumption of liquor in violation of a circular has been
held as a serious misconduct 52. What are THE ASPECTS TO BE COVERED
BEFORE DISCIPLINARY ACTION IS INITIATED ? 53. In Jeewandarage
Dayawathi Vs Pugoda Textiles Limited the workman a Machine Operator
was dismissed for thieving 03 pieces of cloth period of service ( 8
years ), the first act of misconduct, negligible value of the
pieces of cloth. The workman was a cancer patient undergone surgery
on several occasions LT she was reinstated without back wages on
one year probation. High Court reversed the decision of the LT, but
the Supreme Court restored the order of the LT. 54. 1. Seriousness
of the problem eg Dishonesty is usually considered most serious
than reporting to work 20 minutes late. 2. Duration of the problem
eg.The first occurrence is usually viewed differently than the 3rd
or 4th offence. 3.Frequency and nature of the problem Eg. Is there
a pattern in the occurrence which could be identified 55.
4..Employees work history Eg. How long, quality of the service,
does he have a strong track record, period of service in the
organization. Good and bad 5.Explanatory factors Eg. A person who
gets late to report to work on a particular day due to his child
being ill should be dealt with leniently than a person who is late
due to over sleeping 56. 6.Degree of Socialization Eg. Does the
employee know the rules and regulations, is he comparatively a new
employee who has had not the time to familiarize with the rules and
regulations. Has the management made an effort, create awareness
7.History of the organizations discipline practice Eg. Equiity
demands consistency against some relevant bench mark 57. 8.
Implication for other employees Eg. There is little point to taking
a certain action against the employee if it has a dysfunctional
affect on others in the Unit 9. Management backing Eg. If the
employees decide to take case to a high level in management will
you have reasonable evidence to justify your decision Individual
disputes may lead to Collective disputes. 58. Punishment 59.
PUNISHMENT Sri Laxshmi Saraswathi Motor Transport Co VS Labour
Court. A workman who was an office bearer of a union had 17 years
of service and a clean record. One day he was found guilty for the
delay in transmitting some documents from the employers branch
office to the head office and he was dismissed. The worker admitted
that it was his fault but said that it was due to forgetfulness.
The Court held that the punishment was grossly disproportioned with
the misconduct. 60. Types of Punishment Types of Punishment Oral
warning, Written warning Fine or recovery of damages Suspension
without pay Transfers Stop, reduce or delay wage increments
Demotion Compulsory retirement Termination of service 61. Rules of
natural justice 62. Rules of Natural Justice ? In English law,
natural justice for the rule against bias (nemo iudex in causa sua)
Distributive Justice and the right to a fair hearing (audi alteram
partem).- Procedural Justice 63. Sample of a HR Policy on
Discipline
