Example 14. Disputes and dismissals
Policy
All staff are
entitled to natural justice in the settling of disputes and/or
in dismissals.
Procedures
Step
1 - First Warning- Verbal
A worker should
be told as soon as possible of any complaint concerning the performance
of his/her work.
Complaints
must be specific and should relate to the job being done.
The complaint
should be discussed by the supervisor and staff person and the
supervisor should outline how the staff person must improve his/her
performance.
The staff person
is entitled to have a representative of the Union or any other
person attend this discussion.
If this resolves
the dispute there is no need to proceed further.
Step
2 - First Written Warning
If the problem
continues or occurs again after the verbal warning the staff
person should be given written notice of the complaints against
her/him. The notice should indicate the time for a meeting between
the Executive Officer, the Chairperson of the Management Committee(or
his/her delegate), the staff person and a representative of their
choice.
At the meeting
the supervisor will present the complaints to the staff person.
The staff person has the right of reply and should be able to
discuss the complaints made against him/her.
The Chairperson
of the Management Committee (or his/her delegate) and the Staff
persons's representative are present as witnesses only.
The aim of
the meeting is to resolve the dispute but if this is not possible
the two parties should negotiate how the situation may be improved.
Undertakings could be made to change certain things within a
trial period.
Normally a
review would take place after a trial period.
Step
3 - Final Written Warning
If the problem
still persists, another meeting of the parties should be called
within a reasonable time and the staff person given written notice
to attend. Again she/he has the right of reply and can discuss
the situation.
The matter
should be discussed and further action may be considered.
The two parties
need to negotiate what this action might be and the staff person
is given written notice - a 'final written warning'
If this resolves
the dispute there is no need for further action.
Step
4 - Termination of Employment
If the problem
still continues after these three warnings any action proposed
in the 'final written warning' about what would happen if the
staff person did not change should be put into effect. In serious
cases this could include dismissal.
This disputes
procedure does not affect the rights of the employer to dismiss
staff on the spot where there has been a sufficiently serious
breach of conduct. |