Guideline on drafting Disciplinary, Grievance and Bullying Procedures.

Each procedure should be in writing and presented in a format and language that is easily understood. It is important that the purpose, function and terms of each procedure are clearly understood by all concerned. The Notice states that regard should be had to the recommended practice set out by the Labour Relations Commission in the Code of Practice on Grievance and Disciplinary Procedures (Statutory Instrument 146 of 2000) and the Code of Practice Detailing Procedures for Addressing Bullying in the Workplace (Statutory Instrument 17 of 2002).

Disciplinary Procedure

The Disciplinary procedure should clearly outline the basis for disciplinary action and the range of penalties which may be imposed. Copies of the procedure should be given to all employees upon the commencement of their employment and should be referred to in any refresher training.

It is essential always that each of the procedures and the disciplinary procedure in particular are applied in a fair and consistent manner and comply with the general principles of natural justice and fair procedure.

The code of practice on grievance and disciplinary procedures recommends that in order to comply with the principles of natural justice and fair procedures, employers should:

  • Ensure that details of allegations or complaints are put to the employee concerned.
  • The employee concerned by given an opportunity to respond to any such allegations or complaints.
  • The employee concerned be given the opportunity to avail of the right to be represented by a colleague or trade union representative during the procedure.
  • The employee has the right to a fair and impartial determination and any relevant or appropriate evidence, factors or circumstances must be taken into account.

It is generally good practice that a number of stages be followed when handling a disciplinary matter. As a general rule an attempt should be made to resolve disciplinary issues on an informal basis or private basis. However, if the issues cannot be resolved informally, disciplinary action may include:

  • An oral warning
  • A written warning
  • A final written warning
  • Suspension without pay
  • Transfer to another task, or section of the enterprise
  • Demotion
  • Some other appropriate disciplinary action short of dismissal
  • Dismissal

Generally the steps in a disciplinary procedure will be progressive, for example, an oral warning, a written warning, a final written warning and then dismissal. However, if an issue arises which requires more serious action such as dismissal at an earlier stage, an employer may immediately progress to the dismissal stage of the disciplinary procedure, provided he/she has complied with the general principles of natural justice and fair procedures outlined above. There should also be an appeal mechanism built into each stage of the process.

No disciplinary action should be taken without having first conducted a thorough investigation into the allegations or complaints made about an employee. Provided the right to do so is reserved in the disciplinary procedure, an employee may be suspended on full pay pending the outcome of such investigation. It is advisable that any period of suspension should be no longer than absolutely necessary to carry out the investigation.

All employees, managers and supervisors should be aware which stage of the disciplinary procedure will be applied as a consequence of a departure from the rules and policies of the premises. For example, instances of gross misconduct (which may include stealing) will warrant instant dismissal (following an investigation in accordance with the rules of natural justice and fair procedure).

The successful operation of any grievance, disciplinary or bullying procedure requires that records are maintained at all stages of the procedure. However, in relation to the disciplinary procedure, warnings should be removed from an employee’s record after a specified period of time has elapsed and the employee advised of same.

Grievance Procedure

Most of the principles which apply to disciplinary procedures can generally be said to apply to grievance procedures. If it is not possible to deal with the matter on an informal basis, the details of an employee’s complaint or grievance should be clearly set out in writing. There should be a built-in appeal mechanism if an employee is not happy with the outcome. It is important that the appeal process is finite.

Bullying Procedure

Workplace bullying has been defined by the Health & Safety Authority as:-

‘repeated aggression, verbal, psychological or physical, conducted by an individual or group against another person or persons … where aggression or cruelty, viciousness, intimidation or a need to humiliate dominate the relationship.’

Isolated incidents of aggressive behaviour are not in themselves taken to constitute bullying – it is generally accepted that human nature means that there will be conflicts and interpersonal difficulties in all areas of life, including in the workplace.

The code of practice on bullying in the workplace sets out a recommended procedure for dealing with allegations of bullying in the workplace. Again, an informal approach in the first instances is advocated. The formal procedure should include a requirement for a formal complaint in writing, notification of the complaint to the alleged perpetrator, an investigation under agreed terms of reference, an opportunity to all parties to comment on the findings before any action is decided upon by management and ultimately some appropriate course of action.