Disciplinary Meeting

Disciplinary Action

Introduction

Disciplinary action is an action taken by the employer after the employee's actions which he considers faulty. Before applying the sanction, the employer must comply with a procedure to inform the employee concerned and to enable him to defend himself. If the proposed sanction is dismissal, the dismissal procedure for personal reasons must be respected.

Employee's wrongdoing

The employer may consider the behavior of the employee does not match the normal execution of the contract and constitutes misconduct. May particularly be faulted:

the breach of discipline laid down by the rules or memorandum;

refusal to comply with an order of the employer;

failure to comply with the obligation of discretion and loyalty;

criticism, insults, threats, violence;

Errors or negligence in the work.

When an employer has arranged the disciplinary meeting, you should tell him the entire scenario that what happened with your family.

Discussion

Characteristics of the disciplinary action

The disciplinary sanction must be proportionate to the offense. With the exception of the warning, it is likely to affect immediately or not the employee's presence in the enterprise, his function, his career or his remuneration.

The employer can not punish the same mistake twice.

The disciplinary action may be:

a reprimand;

a disciplinary layoff (without pay);

demotion;

a mutation;

a dismissal for serious and genuine;

A dismissal for serious misconduct (without notice or compensation) or heavy (or notice or compensation, or paid leave). The simple verbal comments are not considered disciplinary action. If, despite previous warnings, conduct remains below the required standard or in a case of gross misconduct, you may be dismissed following a disciplinary hearing. Dismissal may be with or without notice depending upon the circumstances of the case. You will be invited to attend a disciplinary hearing which will be heard by the senior manager. You will be given the opportunity to state your case prior to any decision being made about your employment situation. A representative from HR will also attend. The Commission must be notified in cases of dismissal and cannot take place without the knowledge and involvement of the Head of Human Resources. If a decision is taken to recommend your dismissal you will be advised verbally by the chair of the disciplinary hearing. The decision will be confirmed in writing stating the reasons for the dismissal and its effective date. Details of the right to appeal against the decision of the hearing must also be advised in writing, along with the procedure for doing so. The simple verbal comments are not considered disciplinary action. If, despite previous warnings, conduct remains below the required standard or in a case of gross misconduct, you may be dismissed following a disciplinary hearing. Dismissal may be with or without notice depending upon the circumstances of the case. You will be invited to attend a disciplinary hearing which will be heard by the senior manager.

Right of appeal

You have the right to make a written appeal after any stage of the procedure, except in cases of dismissal to your manager's manager. Appeals must be made within five working ...