Case Study Project Total Marks: 100

Elective- Human Resources Management

As an HRD Manager what steps you will initiate before dismissing a workman
found guilty of misconduct where there is the presence of a strong employees
union.
Firstly, look at the type of misconduct subject to the Standing order rules &
regulations is it Minor Misconduct or Major Misconduct that shall be identified.
Where ever certain misconduct is reported to have been committed by an employee
then as per the first principle of Natural justice he/she should be given fair
chance of hearing & explaining his/her conduct, which is alleged to be
misconduct.
1.1 Principle of Natural Justice:
1. That no one should be condemned unheard
2. That no one should be a judge of his own cause.

1.1.1 Besides these two basic principles of natural justice following steps to be
followed:
1. Workmen shall have fair opportunity to know the allegation against him
2. He should have fair opportunity to present his defense.
3. There should be an orderly course of procedure
4. The decision should be free from malice. Bias, and bad faith and victimization.
5. Justice must not only be done but should seem to be done.
6. Punishment should be commensurate with the guilt or misconduct
7. Order of punishment should be by a competent person as per law.

1.1.2 As a result of inquiry/disciplinary proceeding against an employee following

punishments are usually awarded except in the case where the workman is protected
workman.
 Warning
 Censure
 Withholding of increment with or without cumulative effect
 Recovery from pay of the whole or part of any pecuniary loss caused to
organization
 Reduction to a lower post or time scale
 Removal from service of organization which doesn’t disqualify from future
employment
1.2 Basics of Punishment:
1. Service of charge sheet on the worker in writing in giving a recital of the
specific misconduct
2. All evidences, documentary or oral proposed to be considered in support of the
charge
3. Calling upon workman within a reasonable time to state whether he wishes to
adduce any defense, cross examine any witness and produce any witness in
defense.

1.3 Essential Action Steps for holding disciplinary action:

1. Reform the employee and bring his/her conduct within the acceptable
standards
2. Deter others from similar misconduct
3. Maintain and enhance discipline

2.1.1. 06 Golden Action Steps while handling proper inquiry:

STEP– 1 Don’t avoid/overlook or neglect Disciplining
We being a HR manager often avoid disciplining the misguided hope that the problem
will go away if ignored but it doesn’t. In fact, problems ignore only get worse. It
might be difficult and stressful sometimes but you are the one who appointed and to
do so.
STEP – 2 Establish your Expectations
Let your employee & Union know what you expect from them. That way they can
monitor their behavior themselves and make effort to meet your expectations. Most
employees want to comply with the rules but need to be told what they are in order
to do so. Do you do it???
One important way to establish expectations is to educate your staff about your
organization‘s policies, traditions & culture which have immense and closed attention
to the problem resolution.
I.e If grooming is a problem then outline the policy of Attire and Personal
Etiquettes.
STEP – 3 Investigate a violation before disciplining
As a manager HR you must investigate the alleged incident to determine whether a
breach has occurred. This preliminary inquiry is intended to find out the prima facie if
a cause for initiating action doesn’t exists.
STEP – 4 Consider Seriousness of the Offence
If an offense has occurred/been reported consider how serious it is before initiating
action to discipline. The type of discipline you impose should be proportionate
to the seriousness of the offense.
I.e. The type like grooming or personal use of the company computers are general
considered minor offence whereas fighting or insubordination is more serious offense.
STEP – 5 Decided Appropriate level of Discipline & Issue the Notice form
Sometime mangers treat two employees differently for the same misconduct. I.e. A
Star performer may got slap on the wrist for the insubordination but an average
performer get stern written warning for the same behavior. These can create
unnecessary conflict and may result in to claim of unfair treatment and even
discrimination.
It is far better to tie the disciplinary measures it the offence, rather than the
employee. Before you meet with the employee, complete the discipline notice memo.
Be specific to the nature of the offence and the result of any investigation you
conduct into the matter. It’s also critical that you note the further violations.
STEP – 6 Discipline meetings are difficult & Continuous monitor the employee
behavior – Be Ready
When you meet with the employee be very clear about why you are imposing the
discipline, what rules has been violated and what will happen if it reoccurs.

Taking Union leaders into confidence and try to have reasonable approach. Involving
the union leaders in the disciplinary action can simplify the matter.