Disciplinary, Grievance & Mediation Policy

Transcription

1 Policy name: Disciplinary, Grievance & Mediation Policy Incorporating Procedures: Grievance Procedure Disciplinary Procedure Procedure for Dealing with Low Work Standards Appeals Procedure Gross Misconduct Procedure Approved: 25th November 2016 Revision 1 approved 10th March Context RIAM is committed to providing an excellent service to our students, examination candidates and visitors. In order to maintain service standards, we are required to have procedures in place, which identify low work standards or breaches that are more serious and seek to address them. Such procedures put in place must be reasonable and fair for the employee. 2. Purpose This policy is in place in order to ensure fair and effective procedures are in place when a disciplinary issue, grievance or incident requiring mediation occurs in RIAM. 3. Scope 3.1 This policy applies to all RIAM employees. 3.2 Students who wish to bring a grievance to the attention of the RIAM must follow the Complaints Policy (available separately). 4. Benefits 4.1 Ensures a fair and effective procedures are in place when a disciplinary issue, grievance or incident requiring mediation occurs in RIAM. 5. Principles 5.1 Shop Stewards/Section Officers The Academy shall have regard for the special position of these staff members and carry out its obligations to them under the Industrial Relations Act Policy 6.1 Sanctions List RIAM Disciplinary, Grievance & Mediation Policy Page 1

2 6.1.1 Written reprimand/warnings Withdrawal of privileges Deferment of increment Suspension without pay Probation extended Demotion 6.2 Grave Breaches of Discipline/Gross Misconduct Notwithstanding the procedures below, the Academy reserves the right to discipline any employee up to and including summary dismissal in the case of very serious misconduct The following list, while not exhaustive, is an outline of offences warranting summary dismissal: (i) Breach of safety regulations likely to cause damage to oneself or other employees (ii) The theft or malicious damage to Academy property or that of another employee, colleague/member of management or resident (iii) Falsifying Academy records (iv) Assault on another employee or colleague/member of management (v) Sexual harassment at work (vi) Reporting for work under the influence of alcohol or illegal drugs such that, in the opinion of the Supervisor/Secretary, the employee is unfit for work (vii) Carrying out unauthorised work on the Academy premises or with Academy materials/misuse of Academy or colleague s property (viii) Engaging in remunerative employment while absent from work, irrespective of whether the absence is covered by a medical certificate or not (ix) Abuse of sick pay scheme In the event of a written warning or dismissal, an employee may appeal to the Academy's Board of Governors. Where a warning or dismissal is upheld, the member may appeal to the Labour Relations Commission (Rights Commissioners or Conciliation Service) and, if necessary, the Labour Court, or the Employment Appeals Tribunal 7. Procedures 7.1 Grievance Procedure RIAM Disciplinary, Grievance & Mediation Policy Page 2

3 7.1.1 This policy applies to dealing with grievances arising from an employee The grievance shall first be raised by the employee(s) with the Supervisor/Secretary If the matter is not resolved at the above stage it may be raised by the employee(s) and Shop Steward with the Secretary If the matter is not resolved it may be raised by the Branch Secretary accompanied by the Shop Steward with the Secretary and representatives of the Academy. 7.2 Disciplinary Procedure The Academy accepts that the disciplinary and grievance procedures governing members of the Union shall be no less favourable than those applying to any other employees of the Academy All matters of discipline shall be dealt with by the Academy in a manner which protects the dignity of employees and no disciplinary action shall take place in the presence of employees not concerned Where allegations are made against an employee which come under the disciplinary code, the employee shall be given 24 hours to furnish an explanation in regard to same Employees shall be given all reasonable facilities to explain their position Employees shall have the right of appeal against disciplinary action Disciplinary action shall not be implemented by the Academy pending the outcome of procedures laid down by the Procedural Agreement between RIAM and SIPTU All disciplinary matters shall be dealt with through the Secretary of the Academy The parties agree that formal procedures are necessary to ensure common and equitable disciplinary action for employees failing to meet standards of job performance or breach of work rules or other conditions of employment. This procedure is designed to ensure that every possible assistance is given to such employees in order to allow them to achieve the necessary standards of performance/conduct required. 7.3 Procedure for Dealing with Low Work Standards The maintenance of work standards and general behaviour is the immediate responsibility of the supervisor In order to help employees whose performance falls below the Academy's standards, the following procedure shall apply: (i) In the first instance a verbal non-recorded counselling session shall take place with the employee concerned. RIAM Disciplinary, Grievance & Mediation Policy Page 3

4 (ii) The employee shall be informed of the aspects of his or her performance/ conduct which falls below standard and advised of the improvements which are required. (iii) Every assistance shall be given to the employee in order to ensure that he/she effects the required improvements Stage 1: Verbal Warning (i) In the case of minor infringements, the Supervisor/Secretary directly concerned shall warn the employee verbally of the specific aspect of work or conduct which is below standard, stating clearly that this is a warning and advising on the improvements which must be made. This warning shall be recorded in the employee's file. (ii) The employee has a right to be accompanied by a fellow employee or by a union representative Stage 2: First Written Warning (i) In the event of continued failure to meet required standards, the employee shall be issued with a written warning. (ii) He/she will also be warned that continued failure to improve may result in further disciplinary action up to and including dismissal, in accordance with this procedure. (iii) The employee has a right to be accompanied by a fellow employee or by a union representative Stage 3: Final Written Warning/Suspension: (i) If the problem persists the Secretary may give the employee, in the presence of his/her representative, a second written warning, plus three days suspension without pay if appropriate. (ii) It shall be made clear that further disciplinary action, which may include dismissal, shall be taken if conduct or performance is not satisfactory. (iii) A copy of this warning shall be given to the local union representative as appropriate. (iv) The employee may be accompanied by a fellow employee or by a union representative at all stages of this procedure Stage 4: Dismissal: (i) If the problem remains, the employee concerned may be given notice of dismissal in line with the Minimum Notice and Terms of Employment Act. (ii) The employee may be dismissed in the event of the conduct or performance not having improved to the required level following the warnings set out above. RIAM Disciplinary, Grievance & Mediation Policy Page 4

5 (iii) The final decision to dismiss shall not be taken by the employee's immediate Supervisor/Secretary, but by the Board of Governors. The employee shall be advised in writing of his/her right to be accompanied by a fellow employee or a union representative. (iv) It is agreed, with the exception of the counselling stage, that an employee under this procedure shall have the right to be accompanied by a union representative. However, it is further agreed that in the case where a local union representative/shop steward is involved in disciplinary measures, they shall be accompanied by a full-time union official. (v) All warnings, with the exception of a final written warning shall remain on file for six months. (vi) A final written warning shall remain on file for twelve months. 7.4 Appeals Procedure An Employee may appeal against any disciplinary action through use of the Grievance Procedure Representation by a union representative may be offered in writing at all stages of the Appeal/Grievance Procedure. 7.5 Gross Misconduct Procedure Where an employee is suspended for an act of gross misconduct, the following procedure shall apply Step One: (i) The employee shall be suspended, with pay, by the Secretary and sent home pending further investigations of the alleged offence. (ii) Following preliminary investigation, the employee shall be met by the Secretary in the presence of a fellow employee or the union representative(s) and any allegation shall be put to them at such a meeting Step Two: (i) Following a full investigation of the alleged misconduct the employee may be warned in writing, suspended or dismissed, as appropriate, without recourse to the normal procedures set out above. 8. Responsibility 8.1 The RIAM Secretary is responsible for overseeing this policy and its operational procedures in relation to all undergraduate and postgraduate programmes. 9. Legislation and Regulation RIAM Disciplinary, Grievance & Mediation Policy Page 5

6 9.1 Industrial Relations Act Qualifications and Quality Assurance (Education and Training) Act Standards and Guidelines for Quality Assurance in the European Higher Education Area (2005) 9.4 Code of Practice for Provision of Education and Training to International Learners (2015) 9.5 National Framework of Qualifications (NFQ) 10. Related Documents 10.1 Code of Business Conduct 10.2 RIAM Disability Support Service Code of Practice 11. Document Control Approved: Approved by Board of Studies November 25th Revision 1 approved by Board of Studies March 10th Next review: Academic year 2019/20 RIAM Disciplinary, Grievance & Mediation Policy Page 6