BACHELOR OF ENGINEERING

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 Every relationship can experience a
disagreement.

 Therefore there should be a systematic

procedure to resolve such disputes.

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They are in two main groups:-

 Collective disputes.

 Individual disputes.

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They involve issues that concern the majority of
workers.

They are taken up by the trade union leaders

on behalf of the workers.

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 The dispute must be between the workers
and their own employer.

 The dispute must concern issues on the

terms and conditions of employment.

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 A trade dispute exists. Leaders are acting in
furtherance of the dispute.
 Through secret ballot, majority voted to
strike.
 The employer and employees have been
informed in advance on intention to strike.
 The strike action does not involve
employers who are not party to the trade
dispute.
 The strike action does not threaten an
employee’s membership to the trade union.
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 Trade Union leaders can personally be held
responsible for unofficial industrial actions.
 If immunity does not apply ( for example,
participants in the industrial action cause
some loss of property or damages), the
affected parties can sue the trade union
leaders in the courts of law.
 There is also no protection to anybody who
strikes to support individuals who have been
dismissed from employment as a result of
unofficial industrial action.

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 Emphasis on collective action.

 Concerned with rule making and settlement

of employment conditions.

 The aim is to eventually reach agreement.

 Non conflict of interest is assumed.

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 Immunity does not apply. (Eg destruction of
property)

 Strikes to support individuals who have

been dismissed from employment as a
result of unofficial industrial action.

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 Stage One.
Shop floor trade union representative raises and
discusses an issue with the section or
department manager

Stage Two.
Local trade union officer and shop floor representative
discuss the issue with the company Personnel Manager

Stage Three.
Regional/national trade union officer discusses
the issue with the company managing Director.

Final Stage.
Either side (Trade union or employer) may seek
reconciliation or arbitration.

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 Stages one to three above are internal and
domestic within the company itself.
 If there has not been any solution at any
stage, then outside help from reconciliation
to arbitration services may be called for.
 The Employment and Labour Relations Act,
2004 Part VIII Sub-Part A to Sub-Part C apply.
 Organizations can always avoid strikes by
drawing up a mutually acceptable procedure
for dealing with collective disputes.

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A grievance is an individual dispute between
an employee and his or her employer.

Such issues are of interest to the trade

unions and the management.

Hence there should be written procedures to

deal with them and settle them as early as
possible.

Grievances are initiated by employees.

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 Stage One.
Employee raises grievance with immediate supervisor

Stage Two.
If unresolved, it is taken to the next higher level
accompanied with a trade union representative or a friend.

Stage Three.
If still unresolved, should be taken to a senior management
level still accompanied by a labour representative.

Final Stage.
Is still yet not resolved, it should be taken to the
Managing Director.

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 When a Grievance goes beyond the first
stage, then it should be documented and
records be kept indicating the first stage and
higher level procedures.
 This record is a good reference material for
the other higher level stages and especially
when the grievance turns into a collective
dispute.

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 Disciplinary matters are initiated by
management.

 The employer makes appropriate rules to be

followed by all employees.

 The employer provides fair and consistent

means of enforcing these rules.

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 Standards of employee behaviour at work are
set out in various company books such as
company rule book, employee rule books and
disciplinary procedures.
 One misconduct can be viewed differently
from one company to another
 Employee actions which can call for
disciplinary actions fall under three main
categories.

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 Poor performance.

 Misconduct

 Gross misconduct.

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 Consistent failure for an employee to work at
reasonable and acceptable standard.

 Evidence of negligence or unsatisfactory job

performance by the employee.

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 Breaches, infringements or non-observance of
company rules and directives.

 An employee fails to obey a lawful and

reasonable instruction given by a
supervisor/manager.

 Employee does unreasonable or unacceptable

behaviour eg. abusive language, under the
influence of alcohol at the work premises.

 Employee threatens violence to another employee

or a visitor while at work.

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 An employee falsifies various claim sheets
for payment.

 An employee does malicious destruction of

employer’s property.

 An employee does sexual misconduct at

work for personal satisfaction.

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 In the first occurrence, the immediate supervisor
will give a verbal warning to the employee and
record the action.
 If the employee fails to meet the agreed work
standard and a reasonable period of time has
elapsed after the verbal warning, a more senior
officer will give a written warning to the
employee.
 In the event that the employee continues to fail
meeting standards, then a very senior manager
will give a notice of dismissal to him/her.
 The person will get the right to appeal.
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 Managers should act in implementing
disciplinary actions fairly and consistently as
follows:
◦ Oral warning
◦ First written warning
◦ Second written warning
◦ Suspension of employee with payment
◦ Dismissal

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 It should be in a written form.
 It must specify the employee to whom it
applies.
 It must specify that the disciplinary hearings
should be conducted as soon as possible.

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 It should specify the possible disciplinary
actions intended to be taken such as
warning, dismissal etc.

 It should specify the levels of authority

competent to exercise this disciplinary
action.

 Employees who will be involved in the

disciplinary action must be informed of the
charges against them and the
consequences.

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 Allow the employees to present their case in
writing and in the case it is done verbally,
to state their case in the presence of a trade
union representative.

 Ensure that there is proper investigation of

every case before implementing a
disciplinary action to an employee.

 Employees disciplined must be informed the

reasons for the disciplinary action taken
against them.

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 under normal circumstances no employee
should be dismissed for the first offence
unless it is gross misconduct.

 Extend to the disciplined person the right to

appeal against the disciplinary action taken
against him/her.

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 Start

Yes Any grounds for No

disciplinary action?
No further action.
Gross No
misconduct?

Yes No
Misconduct?
Suspend prior to
final hearing
Yes No
Poor performance?
Issue written warning
and follow up.
Yes
No Improvement
Gross misconduct?
agreement and set date.
Notify in writing
Appropriate actions in
Yes light of hearing.
Dismiss and notify of
right to appeal. Counsel employee
appropriately.

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THANK YOU FOR
LISTENING

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