Natural Justice in Trinidad and Tobago..

Natural Justice and Progressive Discipline.

1. Natural justice

2. Natural justice Employers should develop written disciplinary procedures that promote transparency and fairness.

3. Some key principles of natural justice An employee who is alleged to have committed an offence must be informed, in writing, of the specific allegations against him/her. An employer must carry out a thorough and impartial investigation of the allegations before making a decision to place an Employee on a disciplinary charge. No penalty should be imposed on an Employee during an investigation.

4. Key principles of natural justice An Employee must be afforded an opportunity to reply to all allegations before disciplinary charges are laid. An Employee should be allowed sufficient time to prepare for a disciplinary hearing.

5. Key principles of natural justice An Employee should be given the opportunity to question the person or persons making the allegations against him/her and to produce all evidence and call witnesses in his/her defence. An Employee should not be denied any reasonable request to be allowed representation during disciplinary proceedings. The outcome of the disciplinary hearing and the penalty, if any, must be communicated in writing to the Employee.

6. Key principles of natural justice Double punishment should not be given for the same offence, e.g. suspension without pay and dismissal The penalty should be consistent with the nature of the infraction and should not be unduly harsh and oppressive

7. PROCEDURAL FAIRNESS Ensures proper procedures in decision making which affect the rights, obligations and legitimate expectations of individuals A mechanism which promotes fair outcomes between disputing parties

8. Rights and Expectations RIGHTS An entitlement due by law, policy or practice. LEGITIMATE EXPECTATION Framed by the terms and conditions of the employment relationship; Prevailing national and international labour laws and conventions;

9. The Hearing Rule Where a person’s right or legitimate expectation is adversely affected, they must be allowed an adequate opportunity to present their case. A person charged with an offence has a ‘fair’ hearing before the outcome is determined.

10. The Bias Rule The investigator or authority must be unbiased in all procedures and in the making of any decisions . Persons must act with equity and good conscious . One must ensure there is no conflict of interest.

11. The Rule of Evidence The outcome/decision is based on logical proof or tangible evidence. Determination should not be based on suspicion or speculation .

12. Progressive discipline This is a series of steps designed to allow an employee the opportunity to improve his/her performance/conduct. Failure to improve can result in increasingly severe forms of discipline and possibly dismissal.

13. “ Progressive discipline is the process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so. The underlying principle of sound progressive discipline is to use the least severe action that you believe is necessary to correct the undesirable situation. Increase the severity of the action only if the condition is not corrected. ” - hr.iu.edu

14. It is NOT intended as a punishment! It is intended to assist the worker to overcome problems with job performance and conduct and to satisfy job expectations. An Employer MUST ensure and demonstrate that the worker was afforded due process before any penalty is imposed.

15. Employers’ responsibility in progressive discipline Document ALL violations. Clarify the facts, by checking the event(s) in question and whether you have sufficient evidence. Show the consequences of a failure to improve. Give the worker a reasonable opportunity to respond in writing

16. Employers’ responsibility in progressive discipline Be specific. Write in a clear, factual manner noting the relevant policy or procedure that was violated. Avoid emotional content, including personal impressions, labels, adjectives and drawing conclusions about the reasons for the worker’s behaviour

17. Benefits of progressive discipline Avoid expensive replacement and limitation costs; Ensure consistency and fairness in dealing with employee problems; Encourage higher productivity; Enhance communication between employers and employees. Improve employee morale Guarantee workplace problems do not go unchecked

18. Common offences where progressive discipline may be applied Refusal to obey legitimate instructions or insubordination; Physical abuse of treat thereof; Absenteeism; Excessive tardiness; Proven instances of on the job intoxication or drug abuse.

19. Negligence Complaints of sexual harassment or discrimination Very serious misconduct may warrant dismissal Examples of this type of behaviour include: Falsification of official documents Theft Physical abuse of co workers Overt harassment Substantial misuse of the worker’s official position

20. Progressive Discipline: Step-by- Step

21. Verbal warnings – should be recorded and worker provided with written confirmation that one has been given Written warnings – should state the offence clearly, refer to any previous verbal or written warnings, and indicate what consequence is applicable if the behaviour is not corrected or improved; can be applied at different levels (e.g. 1 st , 2 nd , 3 rd ) Suspension – usually a ‘disciplinary suspension’ without pay; should be clear (i.e. the worker’s loss in pay and the duration) Dismissal – should only take place if no other reasonable and/or fair alternative is available.

22. Factors to Consider BEFORE deciding on a Disciplinary Measures Penalties imposed in similar cases in the past Any extenuating circumstances (e.g. provocation, ignorance of rules, etc.) The worker’s disciplinary record, status and length of service The reasonableness of proposed penalty in view of the circumstances

23. Steps for Effective Discussions and Complete Documentation Describe the problem situation. Be specific. Include dates, times, and all relevant data pertaining to the problem . Summarize previous discussions. Attach any pertinent information from previous discussions. Describe what is expected of the worker and what is expected for correction of the problem. Include reasonable time parameters.

24. Describe what action you are taking. Describe what the consequence(s) will be for continued lack of improvement. Set a date for a follow- up meeting to discuss the worker’s performance relative to your expectations.

25. Points To Note Prompt action Neutrality Confidentiality Evidence Record keeping Documentation

26. Point to Note The principles and practices of good industrial relations are not law but ensures fairness in procedures which promotes an unbiased outcome.

27. Point to Note In developing a procedure/policy as it relates to employer/employee relationship what should always be taken into consideration are : Labour laws Principles of natural justice Good industrial relations practice

28. Questions????

29. Thank you!!!!!