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Management is responsible for promoting consistent and agreed codes of conduct and standards of behaviour within the organisation. The following disciplinary procedure sets out the action to be taken by management with a member of staff who may be guilty of misconduct or gross misconduct or whose performance or attendance is not meeting the required standards. The procedure aims to balance justice for the individual with the need for appropriate behaviour in the organisation. The organisation's policy is that disciplinary procedures should be fair and uniform throughout.
This procedure aims to clarify the relationship between people empowered by management to take disciplinary action and employees who are the subject of disciplinary action so that all concerned understand their rights and obligations.
This procedure has been written in light of the Unfair Dismissals Acts, 1977 to 2003 requirements. The policy applies to all full or part-time staff except staff in their probationary period, during which the Disciplinary Procedure for Probationary Employees shall apply (see earlier in Handbook).
The disciplinary procedure is designed to assist any member of staff whose conduct and standard of behaviour are in question, and its initiation should be seen as giving an opportunity to improve rather than as a first step in sanctioning a dismissal.
It is the responsibility of management to clarify the role and responsibilities of the employee within the agreed job description and the context of supervision.
It is the responsibility of management to:
Attempt to resolve matters with potential disciplinary implications at the informal level, where appropriate.
Ensure that employees at all stages of the disciplinary procedure are given a fair hearing.
Find out, if possible, any underlying reasons for disciplinary problems.
Employees' personal problems will, where appropriate, be taken into account.
Management considers that members of management and employees who have responsibility for implementing disciplinary procedures should have a thorough knowledge of them and know how to conduct disciplinary interviews and hearings. Management will ensure that they receive adequate training for this critical responsibility.
Misconduct
In writing, It is impossible to list every possible act or omission that will constitute misconduct. In any event, every employee must behave in a manner that will not endanger or inconvenience fellow employees or visitors and discredit the organisation. Examples of misconduct that could lead to formal disciplinary action are as follows:
Consistently poor time-keeping
Negligence in the performance of duties
Violent or threatening behaviour
Breach of confidence not amounting to gross misconduct
Being absent without reasonable permission or reasonable excuse
Reporting for work under the influence of alcohol or drugs
Deliberate violation of safety rules
Intentional falsification of information relevant to the organisation
Deliberately withholding information which obstructs the work of the organisation
Intentionally bringing the organisation into disrepute
Consistent non-co-operation with staff members or management
Repeated breach of the organisation's policies
Inappropriate use of Email or the Internet
Responsibility for disciplinary action
Disciplinary action is the responsibility of management or any appropriate body to which disciplinary powers have been delegated.
Disciplinary Procedure
The following steps will be taken before a decision to impose any disciplinary sanction is taken:
A full investigation will be carried out by management. The employee may be suspended with pay pending the outcome of such an investigation.
During the investigation, the employee will be informed of the issue under investigation, provided with any evidence gathered and allowed the right to state their case.
If they wish, the employee may be accompanied by a fellow employee of their choice or other appropriate representative.
Leave to appeal any disciplinary sanction will be allowed per the appeals procedure.
In the case of alleged serious or gross misconduct, the organisation may dismiss the employee without notice or pay in place of notice. This will only arise, however, following a fair investigation.
The disciplinary procedure is initiated when the organisation has complaints about an employee's conduct, attendance, time-keeping, or job performance. Complete investigations will be undertaken as quickly as possible. The employee has a right to a summary of the main areas of complaint before any meeting to deal with the complaint unless the employer considers the matter so urgent that such a statement cannot reasonably be provided. If the information has yet to be delivered, the employee concerned will be informed at the beginning of the meeting of the main areas of complaint. The employee has the right to present their case and to be represented by someone they choose. A written record will be kept. There are four formal stages in the disciplinary procedure. Where the complaint is found to be justified but does not amount to gross misconduct, the procedure will be as follows:
Informal Counselling Stage
In most cases, it is recognised that issues may be resolved informally between the employee and their Manager. As such, most problems will be dealt with through the informal procedure in the first instance. The objective of the informal discussion is to bring to the attention any deficiencies in performance, conduct or attendance and to agree on a course of action to correct these shortcomings in a frank and constructive manner. If an employee's performance and conduct fall below a level acceptable by the organisation, their Manager will discuss the matter informally through a meeting.
The informal discussion will:
Focus on helping the staff member to understand how their performance/conduct has fallen short of the acceptable level and
Suggest possible solutions and timeframe for improvement.
After the discussion, brief notes will be taken and held by the Manager who led the informal meeting. Provided the staff member achieves and sustains the necessary level of improvement, no further action will be taken. The formal disciplinary procedure will commence if the required improvements have not been made within the agreed timeframe or other issues arise.
Formal Stages of the Procedure
During all formal stages of the procedure, a meeting will be held with the staff member. Before the meeting, the employee will be advised of the nature of the allegation against them and furnished with relevant evidence where appropriate. Employees will be notified of their right to bring a representative to this meeting. At the meeting, the precise details of the allegation will be put to the employee who will be invited to respond. Any responses provided will be duly considered, and the meeting adjourned to allow management to make a decision on any further action to be taken. In all cases, an improvement plan will be agreed upon and documented. Details of the various warnings that may be issued are provided below.
First stage: Oral Warning
The employee will be told what to do about the situation. The warning will lapse after three months.
Second stage: First Written Warning
If the complaint persists within the period of the previous warning, the procedure will be repeated. This time, a written warning will be given. The warning will lapse after six months.
Third stage: Final Written Warning
After six months, if the complaint persists, the employee is warned in writing that a further breach of discipline will lead to dismissal. The warning will lapse after six months.
Fourth stage: Dismissal
Suppose there is a further breach of discipline within the period of the previous warning. In that case, management may decide to dismiss the employee concerned using the procedure in clause 3 of the contract.
Warnings lapse after a fixed period at each stage. A first disciplinary complaint against an employee shall be treated using the first stage (oral warning) procedure, except in exceptional circumstances in the case of alleged serious or gross misconduct, when an investigation at the third or fourth stages may be initiated. There is no dismissal for first offences, except for gross misconduct. Examples of serious or gross misconduct are theft and assault.
Suppose the employee wishes to challenge a dismissal in accordance with standard procedures. In that case, the matter shall be referred to a Rights Commissioner, the Labour Court, the Labour Relations Commission or the Employment Appeals Tribunal as appropriate.
Glin National College's structures for implementation of the Disciplinary Procedure.
The procedure for investigating and implementing the disciplinary action is as follows:
Stages 1 and 2 - Will be conducted by the immediate Manager after consultation with the Board or by the Board at the discretion of the Board.
Stages 3 and 4 - The Board, following consultation with and agreement of the Finance Subgroup of the Board, will take actions under these stages.
At any stage in the process, an employee has the right to meet with the Finance Subgroup of the Board and can be accompanied by a fellow employee or appropriate representative.
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