Industrial Relations. May- August 2016

7/26/2019 Industrial Relations. May- August 2016

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INDUSTRIAL RELATIONS


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Defnition

The practice or the study ofrelationship within andbetween workers, workinggroups and theirorganisations and managers,

employers and theirorganisations.


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Denition (cont..)

The European Commission states!"ndustrial, labour or employment

relations regulates the link betweenthe company and the employers andindirectly between society as a wholeand its citi#ens (EuropeanCommission, $%%$)..


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Denition (cont..)

"ndustrial relations is the study ofbargaining relationship between

employees and employers (&a'er, *+) The continuous relationship between adened group of employees andmanagement (ohn "-ance-ich $%%+)

The eld of industrial relationslooks atthe relationship between managementand workers, particularly groups ofworkers represented by a union
http://en.wikipedia.org/wiki/Managementhttp://en.wikipedia.org/wiki/Trade_unionhttp://en.wikipedia.org/wiki/Trade_unionhttp://en.wikipedia.org/wiki/Management


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The relationship being referred tohere includes the negotiation of a

written contract concerning pay,hours of work and others termsand conditions of employment as

well as the interpretation andadministration of this contract o-erits period.


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hat it in-ol-es

Employment and employmentregulations

Trade unionism /rie-ance and grie-ance handling

procedures

Discipline and disciplinary actionThe laws go-erning all abo-e


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Industrial relations: the

actors

The industrial relations can be seen as

a system which contains three actors. The trade 0nions( C1T0)The employers associations (23E)The go-ernment (4"5"6TE7 12 &89107) Cabinet secretary in:charge of labour

,social security and ser-ices.


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Trade unions

;articipation of the trade unions inthe industrial relation can takedi'erent forms, from collecti-ebargaining to strikes.

Trade 0nions nd their legitimate andstrength to take part in thesenegotiations from their members


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The employers

oranisations 0nlike trade unions which are

composed of indi-idual persons,

employer organisations arecomposed of enterprises : 23E


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The o!ernment

;rime mission : to preser-e social peace (theregulation of general con


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Inter!ention possi"ilities"y the o!t#

Categories Creation of general binding rules (e=ample>

unemployment benets)

Creating the rules of the game in industrialrelations matters

The pro-ision of collecti-e goods to theother parties (actors)


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"nter-ention possibilities bythe go-t. ( cont..)

The go-ernment can inter-ene in adirect manner as the employer of

the ci-il ser-ants and employees insubsidi#ed sub sectors


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Industrial relationscharter

"s a tripartite pact among go-ernment,employers and a trade:union umbrella

organisation, which is -oluntary. "t pro-ides a framework for 3enyan

industrial relations.

"t is an agreement among the go-ernment,

employers and workers through umbrellabodies for the management of labour and

industrial relations in 3enya.


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Industrial relations charter( cont)

spells out the agreed responsibilities ofmanagement and unions and their

respecti-e obligations in the eld ofindustrial relations

Denes a model recognition agreementas a guide to parties in-ol-ed

"t sets up a ?oint Dispute Commission.


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The charter was rst signed priorto independence in @$.

9ased on the need forconsultations and co:operationamong these parties for eAciency

and impro-ement of workersBterms and conditions of ser-ice areits pillars.


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The employer and the employee needto be in good terms and operate

within their prescribed obligations forthe smooth


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"t is for these reasons that thethree actors are referred to as!social partners.

1ccasionally, con


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Leislation pertainin tola"our and la"our

relations in $enya Rele!ant la%s and acts include

The Employment 8ct> &abour 7elations act 1ccupation, 6afety and ealth 8ct

(168)

&abour institutions 8ct ork in?uries and 9enets 8ct


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Trade 0nions denition

the predominant historical -iew is thata trade union Fis a continuous

association of wage earners for thepurpose of maintaining or impro-ingthe conditions of their employment.F

"t is an organisation of employees that

use collecti-e action to ad-ance itsmembers interest in regard to wagesand working conditions


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8 trade union is Fan organi#ationconsisting predominantly of employees,

the principal acti-ities of which includethe negotiation of rates of pay andconditions of employment for itsmembers

!8n association of employees whoseprincipal purpose is to regulate relationsbetween employees and employers,including any employerBs organisation.


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O"&ecti!es and acti!itieso' trade unions

The immediate ob?ecti-es andacti-ities of trade unions -ary, but

may include (ro!ision o' "enefts to

mem"ers:Early trade unions often

pro-ided a range of benets to insuremembers against unemployment, illhealth, old age and funeral e=penses.
http://en.wikipedia.org/wiki/Unemploymenthttp://en.wikipedia.org/wiki/Unemployment


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1b?ecti-es and acti-ities oftrade unions (cont..)

)ollecti!e "arainin:here tradeunions are able to operate openly and

are recognised by employers, they maynegotiate with employers o-er wagesand working conditions.

Industrial action:Trade unions mayorgani#e strikesor resistance tolockoutsin furtherance of particulargoals.
http://en.wikipedia.org/wiki/Collective_bargaininghttp://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/Strike_actionhttp://en.wikipedia.org/wiki/Lockout_%28industry%29http://en.wikipedia.org/wiki/Lockout_%28industry%29http://en.wikipedia.org/wiki/Strike_actionhttp://en.wikipedia.org/wiki/Wagehttp://en.wikipedia.org/wiki/Collective_bargaining


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1b?ecti-es and acti-ities oftrade unions (cont..)

(olitical acti!ity:Trade unionsmay promote legislation fa-ourable

to the interests of their members orworkers as a whole. To this endthey may pursue campaigns,

undertake lobbying, or nanciallysupport indi-idual candidates orparties for public oAce.


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*hy do %or+ers &oinunions,

Dissatisfaction with the work en-ironment,including working conditions, compensation, andsuper-isors (note 5ot the work itself)

8 desire to ha-e more in


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hy workers ?oin unionsCont..

ob security

6ociali#ation and group membership

6afe and healthy working conditions

Communicating link with management

2air compensation


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Types o' Unions

)ra't o' s+ills unionTo represent skilled workers e.g.

4usicians 0nion (40) Industrial unionsTo represent the members of one

particular industry e.g. 2ire 9rigades0nion (290)


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-eneral unions 0nions which recruit workers from all

types of industries and with any le-el orrange of skills e.g. 8micus G the4anufacturing 6cience and 2inance 0nion(462)

*hite.collar unions 7epresent oAce workers e.g. 3enya

5ational 0nion of Teachers (350T)


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Types o' trade unions

Type of Union Description

Craft of skillsunion To represent skilled workers e.g. MusiciansUnion (MU)

Industrial unions To represent the members of oneparticular industry e.g. Fire rigades Union(FU)

!eneral unions Unions which recruit workers from all

types of industries and with any le"elorrange of skills e.g. #micus $ theManufacturing %cience and Finance Union

(M%F)


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Types o' union securitymodels

4odels

. 8 closed shopemploys only people whoare already union members. Thecompulsory hiring hallis the most e=tremee=ample of a closed shopHin this case theemployer must recruit directly from theunion.

$. 8 union shop employs non:union workersas well, but sets a time limit within whichnew employees must ?oin a union.
http://en.wikipedia.org/wiki/Closed_shophttp://en.wikipedia.org/wiki/Hiring_hallhttp://en.wikipedia.org/wiki/Union_shophttp://en.wikipedia.org/wiki/Union_shophttp://en.wikipedia.org/wiki/Hiring_hallhttp://en.wikipedia.org/wiki/Closed_shop


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2i-e types of union securityare possible (cont..)

I. 8n aency shop: Employees who do not belong to

the union still must pay union dueson the assumption that the unionse'ort benet all workers

reJuires non:union workers to paya fee to the union for its ser-ices innegotiating their contract.
http://en.wikipedia.org/wiki/Agency_shophttp://en.wikipedia.org/wiki/Agency_shop


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+. 8n open shop: "t is up to the employees whether or not they

want to ?oin the union G those who do not, donot pay dues

Does not discriminate based on unionmembership in employing or keepingworkers.

here a union is acti-e, the open shopallows workers to be employed who benetfrom, but do not contribute to, a union or thecollecti-e bargaining process.
http://en.wikipedia.org/wiki/Open_shophttp://en.wikipedia.org/wiki/Open_shop


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K. 4aintenance by membershiparrangement. Employees do not

ha-e to belong to the union. owe-er, union members employed

by the rm must maintain

membership in the union for thecontract period


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ho is e=cluded from unionrepresentationL

"n the "ndustrial 7elations Charter, the parties agreed thatthe following will be e=cluded from union representation ;ersons who are formulating, administering,

:coordinating, andMor controlling any aspects of theorgani#ationBs policy E=ecuti-e Chairman 4anaging Director, /eneral 4anager (and his deputy) and functional

eads G that is, departmental eads (and their

deputies), 9ranch 4anager (and his deputy), ;ersons in:charge of operation in an area (and their

deputies).


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;ersons ha-ing authority in their organisations to hire,transfer, appraise, suspend, promote, reward,discipline and handle grie-ances

;ersons training for the abo-e positions (including0nder:studies).

;ersonal 6ecretaries to persons under abo-e. ;ersons whose functional responsibilities are of a

condential nature as shall be agreed upon betweenthe parties.

8ny other category of sta' who may, in the case ofany particular undertaking, be e=cluded from unionrepresentation by mutual agreement.


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Reconition andReistration o' Unions .

%ho may not "ereisteredThe registrar to refuse registration of

an application if there already e=ists aregistered trade union whom he or shedeems !suAciently representati-e ofthe whole or of a substantial proportion

of the interest in respect of which theapplicants seek registration.


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8n application for registration may berefused by the 7egistrar if persons

seeking registration for anorgani#ation are engaged or work indi'erent trades or calling and if itsconstitution does not contain suitable

pro-ision for protection and promotionof their respecti-e sectional industrialinterests.


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Other rounds 'orre'usal

1ther restrictions imposed by law arethat, an organi#ation may also berefused registration "f the ob?ects of its constitution areunlawful "ts principal purpose is not in accord

with what is set out in the 8ct "f the secretary or treasurer are

deemed not suAciently literate inEnglish and 6wahili language and areunable to carry out their dutiesadeJuately.


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8dditional grounds for refusal andcancellations are

0nlawful application of trade unionfunds "mproper keeping of funds of the

organi#ation "f the trade union is being used for

unlawful purpose..


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)onse/uences o'cancellation

The conseJuences of cancellation of registrationof a trade union are that it ceases to en?oy any rights and pri-ileges> does not take part in any trade dispute or

promote, organi#e or nance any strike or lockout or pro-ide pay or benets for its members>

shall be dissol-ed and its funds disposed of inaccordance with the rules of the union>

no person shall take part in its managementor organi#ation, or act on behalf of the unionas an oAcer.


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0nfair labour practices :employer

"t is an unfair labour practice To interfere with, restrain, or coercing

employees in e=ercising their legally

sanctions rights of self organisation. 2or company representati-es to dominate

or interfere with either the formation orthe administration of labour unions.

The abo-e two can be through

bribing employees, using companyspy system, mo-ing business to a-oidunioni#ation, and black listing unionsympathi#ers.


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Discriminating employees for their legalunion acti-ities

Discharging or discriminating againstemployees simply because the latter leunfair practices against the company

Employers refusing to bargaincollecti-ely with their employeesB dulychosen representati-es


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0nfair labour practices :unions

7estraining or coercing employees frome=ercising their guaranteed bargaining rightsG e.g.. 6taging an anti union employee will

lose his or her ?ob once the union gainrecognition

Cause an employer to discriminate in any

way against an employee in order toencourage or discourage his or hermembership in an union ( e=cept in closedor union shop)


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7efuse to bargain in good faith with theemployer about wages, hours and otheremployment conditions.

Certain strikes and boycotts are alsounfair practices

Engage in !featherbedding (reJuiring anemployer to pay an employee forser-ices not performed

Charging e=cessi-e or discriminatorymembership fees


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"nducing, encouraging, threatening or coercingany indi-idual to engage in strikes, refusal towork, or boycott where the ob?ecti-e is to

2orce or reJuire an employee or self employedpersons to recogni#e or ?oin any labourorganisations

2orce or reJuire an employer to cease usingproducts or doing business with another

person 2orce an employer to apply pressure to

another employer to recogni#e a union whichis not in your industry


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The rights of an employee

To belong or not to belong to a union( e=cept for union shops)

Employees can present grie-ancesdirectly to an employer

Employees authority to make anysubtraction of union dues form hisMher paycheJue


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The rights of an employee(cont..)

5ominate candidates for union oAce

Note in union elections

8ttend union meetings

E=amine the union accounts andrecords


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)ollecti!e "arainin .Defnition

"t is a process by which the representati-e ofthe organisation meet and attempt to work outa contract with the employees representati-es

G the union

1ccurs when representati-es of a labour unionmeet with management representati-es to

Determine employees wages and benets To create or re-ise works rules To resol-ed disputes or -iolations of labour

contracts


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Denition (cont..)

"t is the primary process for determiningwages, benets, and working conditions

9argaining means the process ofca?oling, debating, discussing, andthreatening in order to bring about afa-ourable agreement for thoseconcerned

0 i "l i 1 i h


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0aria"les in1uencin thecollecti!e "arainin

processThe success of collecti-e bargaining

process and the nal agreement reachedare in


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La"our contract

This is the result of collecti-e bargaining 8 labour contract is a formal agreement

between a union and management thatspecies the conditions of employmentand the union:management relationshipo-er a mutually agreed period of time ($

G I years)


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&abour contract (cont..)

"ts species what the two parties ha-eagreed upon regarding issues such as

wages, benets, and working conditions.

The labour contract and bargainingprocess is bound by certain Ogood faithB

guidelines that must be upheld by bothparties


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Collecti-e bargaining : hatis good faith

9oth parties communicate and negotiate,that they match proposals withcounterproposal, and that both make e-ery

reasonable e'ort to arri-e at anagreement.

"t does not mean that one party compelsanother to agree to a proposal

5or does it reJuire that either party makeany specic concessions


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/ood faith guidelines

4eetings for purposes of negotiating thecontract are scheduled and conductedwith the union at reasonable times andplaces

7ealistic proposal are submitted 7easonable counterproposals are o'ered

each party signs the agreement once ithas been completed Does not mean that either party is reJuired to agreed to a nal

proposal or make concessions


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hen is bargaining not ingood faith

Surface bargaining /oing through themotions of bargaining without any realintention of completing a formal agreement

"nadeJuate concessions 0nwillingness tocompromise, e-en though no one is reJuire tomake a concession

Inadequate proposal and demands Thead-ancement of the proposal should be apositi-e factor in determining the o-erallgood faith


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hen is bargaining not ingood faith (cont..)

Dilatory tactics the law reJuires that theparties meet and !confer at reasonabletimes and inter-alsB ob-iously, refusal tomeet with the union does not satisfy thepositi-e duty imposed on the employer

Imposing conditions 8ttempts to impose

conditions that are so burdensome orunreasonable as to indicate bad faith

h i b i i i


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Making unilateral changes in conditions8 strong indication that the employer isnot bargaining with the reJuired intent

of reaching an agreement

Bypassing the representative The dutyof the management to bargain in good

faith in-ol-es , at minimum, recognitionthat the union representati-e is the onewith whom the employer must deal within conducting negotiations

h i b i i i


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ommitting unfair labour practicesduring negotiations 6uch practicesre


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Ignoring bargaining items 7efusalto bargain on a mandatory item

(one must bargain o-er these) orinsistence on a permissi-e item(one may bargain o-er these)

59 5egotiating in good faith does notmean that negotiations cannot grind to ahalt


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9argaining items

The labour law sets out categories of itemsthat are sub?ect to bargaining

These are mandatory" voluntary andillegalitems

4andatory: 7ecogni#ed by law as items that

can be bargained on e.g.. 7ates of pay, hoursof employment, wages, o-ertime, se-erancepay, holidays, -acations, pensions, protsharing, employee security etc

N l t ( i ibl


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Noluntary ( or permissiblebargaining items)

"tems are neither mandatory nor illegal

The become a part of negotiations only

through the ?oint agreement of both unionand management

5either party can compel the other tnegotiate o-er -oluntary item

Pou cannot hold up a signing of a contractbecause the other party refuses to bargainon -oluntary items


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E=amples of -oluntary bargaining itemsare management rights as to uniona'airs, pension benets of retiredemployees, scope of bargaining unit,prices in cafeterias

"llegal bargaining itemsare forbidden bylaw. E.g. closed shops, separation ofemployees based on race, discriminatorytreatment

2ailure to reach an


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2ailure to reach anareement 3 Leads to an

impasse9argaining impasse occurs when. 0nion and management are unable to

reach a settlement on a mandatory

bargaining issues (wages, hours, or otherterms and conditions of employment).

$. hen membership refuses to ratify atentati-e agreement. This occurs

becauseThe union membership may feel that its

leadership did not bargain in good faith

( i"l t '


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(ossi"le outcomes o' ala"our impasse

orkers power : 6toppage of work bythe union ( strike, picketing, boycotts)

Employers power : 6toppage of workby management (lockouts), closing

the plant 6eeking the help of a neutral third

party to reach agreement


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Types o' stri+es

Economic strikesG based on thedemand for higher wages or betterbenets than the employer wants to

pro-ide. 7esults from a failure to agreeon the terms of contract

urisdictional strikesGe=ist when two

unions argue o-er who has the right torepresent workers, and workers di'er asto which union should represent them


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ildcat strikesG unappro-ed strike that occurssuddenly because one union subgroup has notbeen satised by a grie-ance decision or bysome managerial action. The union leaders donot sanction this type of strike

6it downG employees strike but remain in theplant. 6uch strike are sometimes said to beillegal because it could be seen as in-asion ofpri-ate property

6ympathy strikesG occurs when one unionstrikes in support of the strike of another union


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(ic+etin

;icketing is used by employees onstrike to ad-ertise their dispute withmanagement and to discourage otherfrom entering or lea-ing the premises

"t in-ol-es placing members at plantentrance to ad-ertise the dispute

This practice is designed to shut thecompany down during the strikeresulting to losses hence willingnessto negotiate


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;icket is legal as long as its peaceful.

"t becomes illegal if it leads to -iolenceG can occur if the employer getsreplacements for striking employees orsome employees do not support the

action and try to close the !picket line


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4oycotts

This in-ol-es refusing to buy or use companyQsproducts or ser-ices

8s an incenti-es to employees to honor theboycott, hea-y nes may be le-ied againstunion members if they are caught buying, orusing products sub?ected to boycott.

The union hopes the general public will ?oin theboycott to put additional pressure on theemployer


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Types o' "oycotts

/enerally there are two types of boycottsThe primary boycott G in-ol-es refusal of

the union to allow members to patroni#e

(buy or use products) a business wherethere is a labour dispute. These type ofboycotts are legal

6econdary boycott G refers to the uniontrying to induce third parties, such assuppliers or customers, to refrain from anybusiness dealings with an employer withwhom it has a dispute. This type is illegal


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Employers po%er

The employer can &ockout 7eplacement of striking workers

Close the company or the plant Close certain operations of the company Transfer operations to another location 6ubcontract certain ?obs

8ll these decisions must be made inaccordance with the law and the actionsare not interpreted as attempts to a-oidbargaining with the union


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&ockouts

&ockouts is an e'ort to force the unionto stop harassing the employer or toaccept the conditions set by

management &ockouts are also used to pre-ent union

work slowdowns, damage to property,or -iolence related to labour disputes

"n practice, lockouts are more of athreat than a weapon actually used bymanagement

(ermanent


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(ermanentreplacement

8lthough the labour laws protectthe rights of workers to organise,

engage in collecti-e bargaining,and strike, it does not forbidcompanies to hire replacement

workers, nor is there a prohibitionagainst making thesereplacements permanent

*hat the employer should


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*hat the employer shouldconsider %hen 'aced %ith

a stri+e /enerally the employer should consider the

costs associated with the enduring strikeagainst the cost of agreeing to the union

demands.

There are a number of considerations theemployer must take into account

. ow the employers union will a'ect future negotiationswith the union

$. ow long the rm and the union can endure the strike

I. hether business can continue during the strike


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-rie!ance . defnition

8 grie-ance is a complaint, whether-alid or not, about an organisationpolicy, procedure, or management

practice that creates dissatisfaction ordiscomfort

"t is a formal complaint regarding thee-ent, action, or practice that -iolated

the contractThe complaint may be by the

management or the union.

-rie!ance and rie!ance


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-rie!ance and rie!anceprocedures

/rie-ance procedure G stepsMprocess to befollowed in handling grie-ances /rie-anceprocedures are usually followed in unioni#ed

companies, but they are also importantchannels of communication in nonunioni#edorganisation.

"n unionised companies, the contract containsa clause co-ering steps to be followed andhow the grie-ance will be handled

The number of steps -ary from contract tocontract

(urpose o' -rie!ance


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(urpose o' -rie!anceprocedures

To determine whether the labour contracthas been -iolated

elps clarify what was not clear in thecontract e.g. dening lawful and unlawfulconduct, dening what is !?ust cause or!un?ust cause

To settle alleged contract -iolations in afriendly and orderly manner, before theybecome a ma?or issue.


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To pre-ent future grie-ances formarising

To impro-e cooperation betweenmanagement and union workers

elp to obtain better climate oflabour relations

4enefts o' a rie!ance


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4enefts o' a rie!anceprocedure

6tabili#ation of daily employee relations> Democracy in the workplace>

1pen discussion of issues, and impro-edcommunication between the employerand employee>

8llows for interpretation of the Collecti-e

agreement> ;ro-ides the option to submit the problem

to a neutral third party.

Step in a rie!ance


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Step in a rie!anceprocedure

. In'ormal Discussion: discuss this issuewith his or her super-isor. may be resol-edat this step -ia the super-isor listening to

the issue(s) raised by the employee,in-estigating the concerns thoroughly andpro-iding a thoughtful response

"f a dispute is not settled at the "nformal

Discussion, then a grie-ance is led statingclearly the articles

allegedly -iolated.


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2ormal 6tep

$. 2ormal step "f a grie-ance is led,the employee, in con?unction with his orher union representati-e will completegrie-ance form pro-ided by the union,outlining the facts of the grie-ance, thearticle(s) of the collecti-e agreement

allegedly -iolated, and the remedysought and submit this to thesuper-isor or designate.


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0pon receipt of the grie-ance, thesuper-isor or designate must arrange tomeet with the employee and the unionrepresentati-e within prescribedtimelines to discuss the problem.

"n addition to the super-isor, the

employee and the union representati-e,an employer representati-e will also bein attendance..


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I. 2ormal step $ "f the grie-ance

is not settled at step , thereis a conference betweenmiddle management andunion oAcials (union

committee)


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+. 2ormal step I "f not settled then thegrie-ance is referred to seniormanagement and senior union oAcials ( fore=ample chairperson, or secretary

general), attempt to sol-e the grie-ance. 6ometimes a mediator may be brought in at thispoint to help resol-ed the grie-ance.

The mediators role is to get the two parties tocommunicate and to o'er compromise.

The mediators role is not to establish which sideis right or wrong

is or her recommendation can be accepted orre?ected by either partyK. 2ormal step K 9oth parties (union and

management) turn the grie-ance o-er toan arbitrator who makes a decision .

hy discipline rules and


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hy discipline rules andprocedures

Discipline rules and procures help topromote orderly employment

relations as well as fairness andconsistence in treatments ofindi-iduals

Disciplinary procedures are also legalreJuirements in certain circumstances



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hy discipline rules andprocedures (contR)

Disciplinary rules tell employees whatbeha-ior is e=pected from them. "f anemployee breaks a specic rule, this isregarded as misconduct

Employers use disciplinary procedures andaction to deal with situations whereemployees allegedly break discipline rules

Disciplinary procures may also be usedwhere employees donBt meet theiremployers e=pectation in the way they dotheir ?ob G (unsatisfactory performance)



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hen dealing with disciplinary cases,employers need to be aware of both theaware of the law on unfair dismissaland the statutory minimum procurescontained in the employment act

The law reJuires employers to actreasonably when dealing withdisciplinary issues



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hat is classied as reasonablebeha-ior will depend on the

circumstances of each case, and isultimately a mater of employmenttribunal to decide.

owe-er there are core principles of

reasonable beha-ior which will helpemployers deal with disciplinary issuesin a fair and consistent manner

Dealing with discipline issues


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Dealing with discipline issuesin the work place G what to

doLhen a potential disciplinary matter arises The employer should make necessary

in-estigations to establish the facts promptly

before memories of the e-ent fade "t is important to keep a written record for later

reference a-ing established the facts, the employer

should decide to Drop the matter, Deal with it informally : recommend counselling for the

employee 1r arrange for it to be handled formally

h d


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hat to doLL

hen an in-estigatory meeting isheld solely to establish the facts of

a case, it should be make clear tothe employee in-ol-ed that it isnot a disciplinary meeting

hat to do : gross


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hat to do grossmisconduct(contR)

"n cases of gross misconduct relationship ha-e broken down (cannot work together anymore) there is a risk to an employers property ( theft, ghting etc) 7isk of being held responsibilities to other parties ( corruption,

unethical beha-iour to customers etc) , consideration should be gi-en to a brief

period of suspensions with full pay whilstin-estigation is conducted

6uch suspension should only be imposed after

careful consideration and should be re-iewedto ensure it is not unnecessarily protracted. 8nd it should be made clear that suspension is

not a disciplinary action

h d ( )


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hat to do (contR)

"nformal action Cases of minor misconduct or

unsatisfactory performance are best

dealt with informally 8 Juiet word is all that is reJuired toimpro-e an employeeQs conduct orperformance

"f informal action does not bring about

impro-ement, or the misconduct orunsatisfactory performance isconsidered to be too serious, employershould go for formal actions

2 l i


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2ormal action : steps

"nform the employee of the problem old meeting to discuss the problem

Discuss on outcome and action Nerbal warning 2irst formal action 6econd and nal written warning Dismissal or other penalty

Documents

Industrial Relations. May- August 2016