The Principles of Disciplinary Action inside the Workplace

Case 5-3, "Did the Company Violate....?", p. 232; and Case 5-5, "Bulletin Board Use", p. 236. Answer the questions at the end of each case in typewritten format, 3 - 5 pages.

6. Name ten examples of actions that may be lead to disciplinary action up to and including withdrawal/termination.

In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The

4.) Employee Compliance to the Code: The entire staff is expected to be compliant to the rules and regulations set forth by Company X. Reported accounts of non-compliance will lead to an internal investigation of both the accuser as well as the accused; disciplinary action will necessarily follow if company rules and regulations have not been adhered to or improperly dismissed. Granted that there are many different situations that could arise in which one would believe unethical behavior or misconduct transpired; therefore, it is suggested that first the issue in question is evaluated before presenting to one’s direct

4) Disciplinary action policy stating under what circumstances and how employees will face disciplinary action.

The legal process within the human resources department tries to format strategies and alliances that avoid negative activities affecting the employers and employees; however, exhibitions using common sense or compassion can conflict with these guidelines creating inappropriate behaviors. If this becomes the case, disciplinary actions begin bringing about other matters of legal issues. Nevertheless, once an individual believes they have been illegally mistreated, they become more apt to submit a lawsuit for purposes of revenge, financial struggles, or inapt employment securities (Alboher, 2012).

This further creates confusion, as there is no set “minimum” of disciplinary actions that justly matches the violation. Some are fired immediately while others are subject to disciplinary actions based on the institution’s policies and bylaws.

Under the “Inappropriate Conduct” section in the employee handbook, employees are subjected to discipline, including discharge

They are various employer tactics that interfere with employee’s “freedom of choice in being represented by their chosen advocates”. Unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members. Some differences include that unions may not demand or require that an employer take action against an employer for any reason. A failure to pay union dues is an exception to this rule. Unions are also not allowed to force individuals to pay excessive initiation fees for union membership. In management, employers and unions may negotiate contract clauses requiring union membership as a condition of continued employment, also known as a union shop agreement. Also, employers may not refuse to bargain with an union over issues of pay, hours or other terms and conditions of employment. Furthermore, unions may not influence employees in the exercise of Section 7 rights. Meanwhile, in management an employer may not interfere with an employee engaging in any activity protected by Section 7. (Fossum,

This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.

Disciplinary procedures are a set way for an employer to deal with disciplinary issues. They should include a disciplinary hearing where you’re given a chance to explain your side of the story.

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.

All unscheduled absences after the official discussion date leads to disciplinary action. The employee is now ready for disciplinary action. The employee is again called into the office for a P.D.I., which is a PreDisciplinary Interview. A union representative can be present, at the employee’s request. The P.D.I. gives the employee the opportunity to defend him or herself as to why they have demonstrated unacceptable attendance. All P.D.I. do not necessarily lead to discipline. It is Management’s discretion. The employee is asked a series of questions as to who, what, when, where and why. After the interview the employee is informed that they will receive a Letter of Warning for Failure to Be Regular in Attendance. The Letter of Warning is the first step in progressive discipline. It is formulated and it includes the following:  All unscheduled absences for the last six (6) months are listed, with dates and hours used.

Employment-at-will is a law that stipulate that as long as a employee is not been discriminated he or she can loose their job and any given time. This paper aims to analyze 8 different scenarios and determine whatever or not an employ can lose his or her job based in some behaviors, actions, or inactions that had lead to a somewhat hostile, aggressive, and even disrespectful work environment. At the same time the paper will address the importance of whistleblower police for any organization. While the employment-at-will allows employers to terminate their staff at any moment, at the same time it protect the staff from any type of discrimination.