Employment Law - dealing with the discipline of staff
Based on a paper first presented at the CMA 2007 annual conference. Updated 30 June 2008.
Over the past five to ten years, managing the discipline of staff has become increasingly complex and difficult.
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In this session, I want to focus on some of the reasons why we need to get discipline of staff right, and the risks that can arise if we get discipline wrong. Following on from that, I’d like to provide some of the lessons that we have learned when dealing with discipline and employment law issues for our clients.
THE DANGERS OF GETTING IT WRONG
Quite apart from the damage to the life of another, Christian witness and credibility, there are a number of dangers for employers if they discipline staff inappropriately. These failures can result in protracted litigation, with large legal fees to boot, and expensive awards for damages. Additionally, employers may find themselves facing an order to re-employ an employee who was unfairly or unlawfully dismissed.
RISK 1: WHEN POLICIES ARE INCORPORATED INTO CONTRACTS OF EMPLOYMENT AND THE IMPLIED DUTY TO PROVIDE A SAFE WORK ENVIRONMENT
