The Unpleasant Act of Employee Discipline

Employee discipline is an unpleasant part of being a manager and regardless of the precautions taken, discipline is often handled poorly.  No matter how unpleasant an act this is for a manager, it is important that employee discipline be handled properly to protect all parties involved, including the employer, the manager and the employee.

Managers tend to frown upon taking actions to discipline an employee because of the connotation that is associated with disciplinary action.  There is a perception that there will be resentment at the workplace towards the manager once disciplinary action is taken against an employee.  It is often easier for managers to “look the other way” and let minor infractions go unpunished.  In other cases, a manager may feel unqualified or be untrained to handle disciplinary action.  In these cases, managers simply choose to do nothing.  There is also a fear that disciplinary action may eventually lead to litigation.  No manager wants to be subject themselves to becoming involved in a court case.

Managers need not be afraid of taking disciplinary action against employees.  In fact, there is one protection ensuring that if a manager’s actions are justified for taking disciplinary action, an employee has little recourse.  This way is due process.  All employees should be given access to due process.

What is due process?  Due process is a legal term guaranteed in the Constitution that guarantees that no person shall be deprived of life, liberty and legal protection.  In terms of disciplinary action, due process is the guarantee that all employees will receive fair and impartial treatment.

When an employee is hired into an organization, it is essential to clearly communicate guidelines that have been established about what is considered appropriate and inappropriate behaviour. The policies and procedures that describe what actions will be taken against an employee when rules are broken should also be communicated.  Both the rules and the punishments for infractions should be published, or posted in plain sight for all employees to see.  If possible, these can be included as part of an employee handbook and given to each employee upon commencement of their employment.

In many cases involving employee discipline, there must exist the perception of fairness and consistency.  Due process must play a role and make all employees feel that they work in an environment where everyone is treated equally without exception.

When the time comes and disciplinary action must occur, it is important that the manager or supervisor be prepared to administer the discipline in the manner outlined and described in the organization’s policy and procedures.  Disciplinary action should be taken immediately when an infraction occurs, and the punishment given must be done in a clear and consistent manner.  In some cases, disciplinary action may be a simple warning that informs the employee that their actions are being noticed should things continue a more formal punishment will take place.  The process of warnings should also be outlined and explained as a form of punishment in the policies and procedures of an organization.

Employees should never feel blindsided by a disciplinary action.  Employees must be told why they are being disciplined and what penalty is being assessed to them for the infraction.  Once a manager makes the decision to take disciplinary action against an employee, the manager must make it perfectly clear to the employee what they have done wrong and why it is considered inappropriate behaviour.  Such action should be taken immediately but never in front of other employees.

Most employee disciplinary systems in place use an escalating mechanism of punishment.  The punishment for repeat offences becomes more severe and may start at a verbal warning and end in involuntary termination.  The National Labour Relations Act spells out what it considers an acceptable mechanism for disciplinary action and is generally followed by all companies that do not have a formal mechanism in place.

Some organizations where employees are represented by trade or professional unions have their mechanism of discipline spelled out in binding collective agreements.  Both the employer and employee know the process that will be followed and the disciplinary action that will be taken for various infractions.  However with union representation, employees are entitled to union representation at any disciplinary hearing.  For employees not covered by collective agreements should they wish to have representation, they must provide their own legal counsel.

Throughout the entire disciplinary process regardless of the type of representation that an employee has, it is important that the manager and the organization clearly document the relevant details pertaining to the disciplinary action.  Documentation is the key to ensuring that there is little recourse available to employees who challenge disciplinary action, especially those that involve termination of employment.

Managers and the employer must clearly show what policies were in place, where and when the infractions occurred, how the infraction violated policy and what disciplinary action was taken in accordance to the mechanism prescribed.  Ensuring that this is done for every employee demonstrates that all employees were treated equally.  In other words, due process was followed.

While disciplinary action may not be one of the favourite jobs of a manager, the fears associated with disciplinary action can be alleviated through following these suggestions.  Managers should be prepared to hand down disciplinary action when deemed necessary and should be aware of the organizational process required.  The need for discipline within the workforce is not likely to vanish, but the fear managers have of having to use disciplinary action can.

Evaluating performance is an important part of discipline that you can read about in Performance Management and the Performance Appraisal.