HUMAN RESOURCE MANAGEMENT(HRM)
CHAPTER 4
Employee Rights and Discipline
What is Discipline?
A condition in the organization when employees conduct themselves in accordance with the
organization’s rules and standards of acceptable behavior.
Factors to consider when disciplining
1.Seriousness of the Problem
What it means:How severe is the issue or behavior? Serious problems may require stronger
disciplinary action.
Example: If an employee steals from the company, it's a very serious issue and likely
requires immediate termination. However, if an employee is late to work once, it may not be
as serious.
2. Duration of the Problem
What it means: How long has the issue been happening? Is this a recent problem, or has it
been going on for a long time?
Example: If an employee has consistently been late for months despite warnings, it may be
time for more severe discipline compared to someone who was late just once.
3.Frequency and Nature of the Problem
What it means: Is this a one-time mistake or a repeated behavior? Also, is the nature of the
problem related to the work or personal conduct?
Example:If an employee misses deadlines regularly, it shows a pattern of behavior that
needs addressing. A one-time mistake, like missing a deadline due to an unexpected
emergency, may be treated less harshly.
4.Extenuating Factors
What it means: Are there any special circumstances that could explain the behavior? These
could reduce the severity of the discipline.
Example: If an employee missed work because of a family emergency or health issue, the
manager may be more understanding and offer a lighter discipline, like a warning, instead of
severe punishment.
5. Degree of Socialization
What it means: How well does the employee understand the organization’s rules and
culture? Employees who have been trained properly and have been in the organization for a
while may be expected to know better.
Example: A new employee who breaks a rule may be given more leniency (like extra
training) compared to someone who has been with the company for years and should
already know the rules.
6.History of the Organization’s Discipline Practice
What it means: What is the company's approach to discipline? If the company has a
consistent history of handling problems in a particular way, the discipline should follow that
pattern to avoid unfairness.
Example: If the company usually gives employees a written warning for first-time offenses, it
should stick to that approach instead of suddenly moving to termination for a similar mistake.
7.Management Backing
What it means:Is there support from upper management or the HR department? It’s
important for discipline to align with the organization’s policies and to have the backing of
higher-ups.
Example:If a manager wants to suspend an employee for poor performance but doesn’t
have the backing of HR, this could create confusion or unfairness. Having management’s
backing ensures the decision is in line with company policy.
Disciplinary Guidelines
1. Make Disciplinary Action Corrective Rather Than Punitive
- What it means: The goal is to help the employee improve their behavior, not just punish
them.
- Example: If an employee misses deadlines, instead of just firing them, you might offer
training or additional support to help them improve time management skills.
2. Use a Progressive Discipline Approach
- What it means: Start with mild discipline and increase severity if the behavior doesn’t
improve.
- Example: If an employee is late, give them a verbal warning first. If the behavior
continues, move to a written warning, then a suspension, and ultimately, termination if it
doesn’t improve.
3. Follow the Hot-Stove Rule
- What it means: Disciplinary actions should be clear, immediate, and consistent, like
touching a hot stove—once you touch it, you get burned (immediate consequence).
- Example: If an employee violates a safety rule, the consequence (like a suspension)
should happen right away, so they understand the link between their action and the result.
4. Immediate Response
- What it means: Address the issue as soon as it happens to prevent it from getting
worse.
- Example: If an employee arrives late to work, address it the same day rather than
waiting until their next shift, ensuring they understand the importance of punctuality.
5. Advance Warning
- What it means: Employees should know the rules and what will happen if they break
them. Give warnings before taking serious action.
- Example: If an employee repeatedly makes small mistakes, warn them that if it
continues, further action will be taken. This gives them a chance to improve.
6. Consistent Action
- What it means: Disciplinary actions should be applied consistently to all employees to
avoid favoritism or unfair treatment.
- Example: If one employee is given a warning for being late, others who are late should
receive the same treatment, ensuring fairness.
7. Impersonal Application
- What it means: Handle discipline objectively, without letting personal feelings affect the
decision.
- Example:If an employee is rude to a colleague, the discipline should be based on their
behavior, not personal feelings about that employee. Treat every case impartially.
Disciplinary Actions
1. Written Verbal Warning
- What it means: This is similar to a verbal warning, but it's documented in writing. The
employee is informed that the issue has been recorded and needs to be corrected.
- Example: After the verbal warning, if the employee continues to be late, the manager
writes it down in a formal letter, reminding the employee of the consequences if the behavior
doesn’t improve.
2. Written Warning
What it means: A formal, written document outlining the problem and the consequences if
the behavior continues. This is more serious than a verbal warning.
Example: If an employee repeatedly misses deadlines, they may get a written warning,
outlining the problem, expectations, and possible further action if things don't improve.
3. Suspension
- What it means: The employee is temporarily removed from work, usually with pay, as a
stronger consequence for more serious misconduct.
- Example: If an employee breaks a major company policy (like being violent at work),
they might be suspended for a few days while the company investigates the situation.
4. Dismissal (Termination)
- What it means: The employee is fired from their job due to serious or repeated
misconduct or failure to improve after previous warnings.
- Example:If an employee continues to break major rules or doesn’t improve despite
warnings and suspension, they may be dismissed (fired) from their position.
When Firing an Employee
1.Review All Facts
Before making the decision to fire someone, make sure you have all the facts. Ensure the
employee’s behavior or performance issues are well-documented and that they’ve been
given opportunities to improve.
2. Set the Stage
Choose the right time and place for the meeting. Make sure it’s private and that you have
enough time to discuss everything.
3.Be Very Clear
What it means: When explaining the reason for termination, be direct and clear. Avoid
vague language.
4. Allow a Little Dignity
Show respect and empathy. Firing someone can be emotional, so allow the employee to
maintain some dignity.
5.Let the Employee Talk
Give the employee a chance to speak or share their thoughts. They may have questions or
want to express their feelings.
6.Give Severance Pay
If possible, offer severance pay to help ease the transition after they leave the company.
7.Ask the Person to Sign an Agreement Waiving the Right to Sue for Wrongful
Termination
Sometimes, companies ask employees to sign an agreement that they will not sue for
wrongful termination. This step is not always required but may be used in some situations.
8.Immediately Pay for Any Earned Time
Make sure to pay the employee for any unused vacation days or sick leave that they are
entitled to.
9. Have the Person Leave That Day
It's often best for security and company policy that the employee leaves the workplace
immediately after being terminated.
10.Inform the Person of Any Benefits
Let the employee know about their benefits, like health insurance or retirement plans, and
explain how they can continue or stop those benefits.
11. Take Appropriate Protective Steps
Ensure that any sensitive company property (like keys, computers, or documents) is
returned, and that company access (email, systems) is revoked to protect company
interests.
12. Tell Other Employees That the Employee Has Been Terminated
Inform the rest of the team about the termination, but do so in a professional and respectful
way. Maintain confidentiality regarding the details.
What is Whistleblowing?
● Definition: Whistleblowing happens when an employee tells someone (like a
manager or HR) about unethical or illegal activities in the company.
● Example: An employee reports that their boss is taking bribes or not following safety
rules.