What steps you will initiate before dismissing a workman found guilty of misconduct where there is the presence of a strong employees union?

As long as there is an evidence for wrong doing and you are not discriminating, punishment should be considered as  a fair result. To avoid arguments:

1. Prepare your documents

2. Be familiar with company policy and rules

3. Make sure evidence is unnegotiable

4. Show the damage !

Thank You

Firstly, look at the type of misconduct subject to the Standing order rules & regulations is it Minor Misconduct or Major Misconduct that shall be identified.  

Where ever certain misconduct is reported to have been committed by an employee then as per the first principle of Natural justice he/she should be given fair chance of hearing & explaining his/her conduct, which is alleged to be misconduct.

1. That no one should be condemned unheard
2. That no one should be a judge of his own cause.

 1.1.1     Besides these two basic principles of natural justice following steps to be followed:

1. Workmen shall have fair opportunity to know the allegation against him
2. He should have fair opportunity to present his defense.
3. There should be an orderly course of procedure
4. The decision should be free from malice. Bias, and bad faith and victimization.
5. Justice must not only be done but should seem to be done.
6. Punishment should be commensurate with the guilt or misconduct
7. Order of punishment should be by a competent person as per law.

1.1.2 As a result of inquiry/disciplinary proceeding against an employee following punishments are usually awarded except in the case where the workman is protected workman.

• Warning
• Censure
• Withholding of increment with or without cumulative effect
• Recovery from pay of the whole or part of any pecuniary loss caused to organization
• Reduction to a lower post or time scale
• Removal from service of organization which doesn’t disqualify from future employment

1. Service of charge sheet on the worker in writing in giving a recital of the specific misconduct
2. All evidences, documentary or oral proposed to be considered in support of the charge
3. Calling upon workman within a reasonable time to state whether he wishes to adduce any defense, cross examine any witness and produce any witness in defense.

1. Reform the employee and bring his/her conduct within the acceptable standards
2. Deter others from similar misconduct
3. Maintain and enhance discipline

2.1.1.      06 Golden Action Steps while handling proper inquiry:

STEP– 1       Don’t avoid/overlook or neglect Disciplining 

We being a HR manager often avoid disciplining the misguided hope that the problem will go away if ignored but it doesn’t. In fact, problems ignore only get worse. It might be difficult and stressful sometimes but you are the one who appointed and to do so.

 STEP – 2     Establish your Expectations

 Let your employee know what you expect from them. That way they can  monitor their behavior themselves and make effort to meet your expectations.  Most employees want to comply with the rules but need to be told what they  are in order to do so. Do you do it???

 One important way to establish expectations is to educate your staff about  your organization‘s policies, traditions & culture which have immense and   closed attention to the problem resolution.

  I.e If grooming is a problem then outline the policy of Attire and Personal          Etiquettes. 

 STEP – 3     Investigate a violation before disciplining

  As a manager HR you must investigate the alleged incident to determine  whether a breach has occurred. This preliminary inquiry is intended to find out the prima facie if a cause for initiating action doesn’t exists.

 STEP – 4     Consider Seriousness of the Offence

 If an offense has occurred/been reported consider how serious it is before initiating action to discipline. The type of discipline you impose should be proportionate to the seriousness of the offense.

 I.e. The type like grooming or personal use of the company computers are general considered minor offence whereas fighting or insubordination is more serious offense.

 STEP – 5     Decided Appropriate level of Discipline & Issue the Notice form 

Sometime mangers treat two employees differently for the same misconduct. I.e. A Star performer may got slap on the wrist for the insubordination but an average performer get stern written warning for the same behavior. These can create unnecessary conflict and may result in to claim of unfair treatment and even discrimination.

 It is far better to tie the disciplinary measures it the offence, rather than the employee. Before you meet with the employee, complete the discipline notice memo. Be specific to the nature of the offence and the result of any investigation you conduct into the matter. It’s also critical that you note the further violations.

 STEP – 6  Discipline meetings are difficult & Continuous monitor the  employee behavior  – Be Ready

 When you meet with the employee be very clear about why you are imposing the discipline, what rules has been violated and what will happen if it reoccurs.

 “Never ever enter into the debate with employee”

To terminate a staff you should prove that the staff has enough violations and misconduct and documents like warning letters should be ready before the termination notice is served. If there is a strong employee union employer should convince them that the staff is really a burden to the company and spoiling other employees as well due to his inefficiency or misconduct

rules is rules fair him

 with show his problem

Have the presence of executive management and upper management in the room. This comes first. Then I would initiate a conversation; management needs to identify what the accusations are, ask the person if they understand that they are being found guilty, and then proceed to ask this person whether or not they feel that the accusation is correct. Allow the person the chance to speak. Once their side has been heard, proceed with explaining to him/her why the meeting is an interaction that is resulting in this person being let go and that company morality policies have been violated because of 1, 2, 3...

With a union, it is tricky. Usually legal has to get involved, and the legal department is what will keep the company safe from any backlash in the future. Always get legal involved from the beginning. Make them aware of the situation and then move forward.