Disciplinary Process

1. Introduction & Purpose

The purpose of the Disciplinary Code in organisations is to ensure a clear understanding of the standards of conduct expected of the employees and of the procedures to be followed when addressing disciplinary problems. This is essential to facilitate the creation of a working environment that promotes both individual job satisfaction and the achievement of the respective organisation’s goals, as well as to promote the professional image of that organisation.

This page, therefore, sets out minimum standards and step-by-step guidance for managing disciplinary matters across INGOs that are operating in Malawi. This document simply highlights the common practices across the INGOs in Malawi, recognising that every INGO has its unique disciplinary code that guides the operations. 

Primarily, a disciplinary code aims to:

• • Promote fairness, transparency, and consistency.

  • Protect the rights of employees and the organization.

  • Ensure alignment with Malawi Labour Laws that are drawn in alignment with the Constitution of Malawi, the Employment Act, among others. These practices also include Child & Adult safeguarding principles and the HR best practices.

  • Provide practical guidance for handling disciplinary processes to line managers, supervisors, and safeguarding staff, among others.
    
    

1.1.  Scope

The organisation expects all employees to adhere to the Code of Conduct, safeguarding policies, and several policies that set down expected ways of working. At all times, an employee should be working for the best interests of the organisation.

Should difficulties or problems arise, the organisation should be committed to finding a resolution in an open, fair, frank, and timely manner. The organisation’s disciplinary procedures are designed to help and encourage everyone to achieve and maintain the required standards of conduct, attendance, and job performance, and to have a shared understanding of the consequences and procedures when employees fall below these requirements. This should apply to all employees, including international employees.

2. Preliminary Steps Before Formal Disciplinary Action

Purpose: Ensure that formal disciplinary measures are a last resort.

a) Informal Coaching / Counselling

• • • • Discuss concerns verbally

      • Explain expected standards and improvement expectations.

      • Document the discussion for records.

b) Performance Improvement Measures

• • • • Provide mentoring, training, or capacity building.

      • Set measurable timelines and review progress.

c) Early Written Warnings

• • • Outline concerns and potential escalation if improvement is not seen.

3. Categories of Breaches (adapted from IRLI Handbook, Section 7.3)

a) Negligence / Poor Performance

• Failure to meet work standards

• Absenteeism or habitual lateness

• Lack of engagement or interest in work

b) Misconduct

• Theft, fraud, or dishonesty

• Wilful insubordination or refusal to follow lawful orders

• Damage to organizational property

• Riotous or disorderly behavior

• Unauthorized meetings or record tampering

• Harassment, sexual harassment, bullying, or discrimination

c) Bullying: Repeated unreasonable behaviour affecting health/safety (e.g., sarcasm, isolation, coercion).
d) Sexual Harassment: Unwelcome sexual advances or conduct of a sexual nature.

4. Formal Disciplinary Procedure – Step-by-Step

1. • Notification of Issue

     1. Written or verbal communication describing the concern, relevant policy, and next steps.

   • Investigation (if required)

     1. Gather evidence, interview witnesses, document findings.

     2. Maintain confidentiality.

   • Invitation to Disciplinary Hearing

     1. Provide date, time, venue, charges, and rights.

     2. Ensure the employee may have a representative.

   • Disciplinary Hearing

     1. Fair, impartial review of evidence and employee response.

   • Decision & Sanction

     1. Written communication of the decision, effective date, and appeal process.

   • Appeal Process

     1. Independent review by a manager or panel not involved in the original decision.

   • Record keeping

     1. Secure documentation of all steps, outcomes, and follow-ups.

5. Progressive Disciplinary Sanctions

• Verbal warning (informal)

• Written warning

• Final written warning

• Suspension (where appropriate)

• Demotion or alternative sanction

• Dismissal (for gross/repeated misconduct)

Principle: Sanctions must be proportional and consider previous history.

6. Employee Rights & Support

• • • Right to representation at meetings

    • Access to support mechanisms (External Advisory Plan, counseling)

    • Right to appeal decisions

    • Protection from retaliation or victimization
      
      

7.   Legal & Policy Alignment

8. Appendices / Templates

• Invitation letters to the hearing 

• Disciplinary outcome letters

• Investigation report templates

• Appeal outcome templates

• Flowchart of disciplinary process

Summary – Quick Reference