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GRIEVANCE, DISCIPLINE AND
DISMISSALByte size learning skills course of 1 comprehensive
session
In this course, we are concerned with dissatisfaction. Grievance is a
solemn word that we rarely use in general conversation, but has a specific
meaning when applied in the workplace. It describes a feeling of
dissatisfaction by an individual employee which is sufficiently strong for
that person to decide to ‘take on’ the employer, by formally
expressing that dissatisfaction and seeking redress. In this action, the
employee has the support of law. There has been a long-standing
requirement for employers to inform employees about the arrangements for
resolving a grievance, but a judgement in 1995 (W A Goold (Pearmak) Ltd
v. McConnell and anon, 1995, IRLR 516) declared that employers had a
duty to provide such a procedure.
Discipline
is a word closely related to
punishment, but it again has a specific meaning in the workplace, as being
the opposite of grievance. If managers, representing the employer, are not
satisfied with the work performance of an employee, they have recourse to
disciplinary processes and procedures. These are not specifically directed
at punishment and should be based on mutual trust and confidence that they
are a means of resolving a problem rather than legitimising punishment.
Dismissal
is a more straightforward word, meaning the point at which the employer
terminates the contract of employment. There is considerable law
surrounding this act, but in this unit we deal only with the broad
principles. The employee is not necessarily passive in dismissal. There is
provision, as was shown in the Holness case, for the employee to resign
and then claim constructive dismissal (and compensation) because of
unreasonable behaviour by the employer.
Textbook
You
will need to read Chapters 29, 30 and 13 from the textbook
Human
Resource Management (1998) 4th edition,
Derek Torrington and Laura Hall. Hemel Hempstead: Prentice Hall
International.
Course Content
Introduction
Objectives
Grievance and discipline
Obedience to authority
Discipline
Grievance
Rules and keeping them
Grievance procedure
Disciplinary Procedure
Grievance and disciplinary
interviewing
Dismissal
Summary
References
Further reading
Self Assessment
Tutor-marked Question Paper
Qualification:
Certificate of Completion in Grievance,
Discipline and Dismissal
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