The enforcement and maintenance of industrial discipline is an integral management function in any business enterprise, especially organizations with a medium to large employee headcount. Proper disciplinary management not only preserves employee morale but also contributes to workplace productivity.
1) The Employer-Employee Relationship
2) Understanding the Contract of Service
- Employee's Obligations
- Impact of Legislation, Case Law and Codes
- Management Prerogatives and Employer's Rights
3) Definition of Misconduct
- Types of Misconduct
- Analyzing Misconduct.
- Establishing Level of Severity
- Negligence and Wilful Disobedience
4) Managing Discipline in a Unionised and Non-Unionised Environment
5) Establishing a proper Disciplinary Procedure
- The Law on Misconduct
- Code of Conduct for Industrial Harmony (1975)
- Code of Conduct for the Prevention of Sexual Harassment in the Workplace (1999)
- Distinguishing between a Grievance and act of Misconduct
6) Investigating a Misconduct
- Principle of Condonation
- Provocation of Misconduct
- Contributory Fault
- Can Poor Performance be attributed to Misconduct?
- Taking Statements from Concerned Parties
7) Domestic Inquiry Sequence
- Show Cause
- Is Suspension from Work Necessary?
- The Notice of Inquiryand Charge Sheet
- Can a Charge be Amended?
8) Conducting the Inquiry
- Panel of Inquiry
- Applying the Principles of Natural Justice
- Report of Findings
9) Punishment for Misconduct
- Punishing Authority
- Principle of Mitigation
- Principle of Substantive Justice
- Dismissal from Service and Lesser Punishment
10) Industrial Court Awards and Superior Court Judgements on Misconduct and Punishment
Industrial Court Awards and Superior Court Judgments shall form the basis of case studies. Presentation would be conducted in a lively and interactive manner.