Staff Discipline Policy - Revision history

Mkille: added header

2012-03-07T18:01:27Z

added header

Tonyc at 21:02, 3 March 2012

2012-03-03T21:02:51Z

Rfs at 19:53, 3 March 2012

2012-03-03T19:53:06Z

Mkille: removed "this is a policy in development" and editing notices from the top and the appendices

2012-03-01T16:23:23Z

removed "this is a policy in development" and editing notices from the top and the appendices

Paulm: /* Time Scales/Terms of Expiry */

2012-02-24T00:13:35Z

Time Scales/Terms of Expiry

Paulm: formating corrections

2012-02-24T00:11:41Z

formating corrections

Mkille: formatting

2012-02-23T23:22:45Z

formatting

Mkille at 23:20, 23 February 2012

2012-02-23T23:20:56Z

Mkille: /* Scope */ formatting

2012-02-20T05:52:50Z

Scope: formatting

Mkille at 05:21, 20 February 2012

2012-02-20T05:21:02Z

Show changes

← Older revision		Revision as of 18:01, 7 March 2012
Line 1:		Line 1:
−	{{~~LinkNeeded~~}}	+	{{Policy Header
		+	\| PolicyName = Staff Discipline Policy
		+	\| notes = http://lists.freegeek.org/pipermail/minutes/2012-March/001293.html, http://lists.freegeek.org/pipermail/minutes/2012-March/001290.html
		+	}}

	==Scope==		==Scope==

← Older revision		Revision as of 21:02, 3 March 2012
Line 1:		Line 1:
		+	{{LinkNeeded}}
		+
	==Scope==		==Scope==

@@ Line 1: / Line 1: @@
 ==Scope==
 Free Geek's Disciplinary Procedure will be used only when necessary and as a last resort. Where possible, informal and/or formal counseling will be used to resolve matters prior to any disciplinary action being taken. The procedure is intended to be constructive rather than punitive but recognizes the fact sanctions must be applied in some circumstances.
@@ Line 286: / Line 283: @@
 * Issue final written warning (with oversight of DPPs)
 * Recommend demotion/firing

@@ Line 1: / Line 1: @@
-{{policy in development}}
 ==Scope==
-'''(last edited [[User:Mkille|Mkille]] 23:20, 23 February 2012 (UTC))'''
 Free Geek's Disciplinary Procedure will be used only when necessary and as a last resort. Where possible, informal and/or formal counseling will be used to resolve matters prior to any disciplinary action being taken. The procedure is intended to be constructive rather than punitive but recognizes the fact sanctions must be applied in some circumstances.
@@ Line 230: / Line 230: @@
 ==Appendices==
-(these appendices have not been edited along with the previous sections -- [[User:Mkille|Mkille]] 23:20, 23 February 2012 (UTC))
 ===Examples of Minor Misconduct===

@@ Line 95: / Line 95: @@
 The time frame for each step increases with severity, as defined here:
-Verbal Warning -- 6 months
+*Verbal Warning -- 6 months
+*First Written Warning -- 12 months
-First Written Warning -- 12 months
+*Final Written Warning -- 18 months
 This term is defined for each step of this procedure, and is to be communicated to the staff member as part of the written record.

@@ Line 22: / Line 22: @@
 At each stage, excepting dismissal, care must be taken to record in writing:
-    * the reasons for the action taking place
+*the reasons for the action taking place
-    * the expectations that have now been set for the employee
+*the expectations that have now been set for the employee
-    * what are the next steps to be taken by employee and Department Point Person
+*what are the next steps to be taken by employee and Department Point Person
-    * when the expectations are to be reviewed.
+*when the expectations are to be reviewed.
-−
 It is important that the expectations set meet the S.M.A.R.T. criteria of being Specific, Measurable, Appropriate,  Realistic and Time-bound.  Wherever possible, Department Point Persons should work with staff members to arrive at a mutually agreed upon set of expectations and time  scales.
@@ Line 51: / Line 51: @@
 The next step of the disciplinary procedure is the first written warning. It may be issued in a number of circumstances:
-    * as a second stage after a verbal warning if the expectations documented in the written record have not been met at the end of the specified review period or if there is a re-occurrence of the misconduct within six months.
+* as a second stage after a verbal warning if the expectations documented in the written record have not been met at the end of the specified review period or if there is a re-occurrence of the misconduct within six months.
-    * where the offense is of a serious nature that falls short of Gross Misconduct, and where a verbal warning is not appropriate.
+* where the offense is of a serious nature that falls short of Gross Misconduct, and where a verbal warning is not appropriate.
-    * where the recurrence or accumulation of offenses will lead to more severe disciplinary action, for example persistent absence without explanation.
+* where the recurrence or accumulation of offenses will lead to more severe disciplinary action, for example persistent absence without explanation.
 First written warnings expire after 12 months. They may be appealed by the staff member to the relevant body as described under the "Appeals" section. The staff member must be informed of this right at the meeting with their Department Point Person.
@@ Line 94: / Line 94: @@
 The time frame for each step increases with severity, as defined here:
 Verbal Warning -- 6 months
 First Written Warning -- 12 months
 Final Written Warning -- 18 months
 This term is defined for each step of this procedure, and is to be communicated to the staff member as part of the written record.
@@ Line 185: / Line 189: @@
 Oversight is a necessary component of any successful discipline policy. An Oversight Committee will meet periodically to review disciplinary actions and report on them to the collective and to the Board. The Oversight Committee shall be composed of the HR Administrator, another Collective member, and two Board members or their designees. The purpose of the review is to ensure that:
-    * Proper procedures were followed, internally and legally.
+* Proper procedures were followed, internally and legally.
-    * The cause of the disciplinary action is a valid concern.
+* The cause of the disciplinary action is a valid concern.
-    * All necessary documentation has been completed.
+* All necessary documentation has been completed.
-    * Discipline is being meted out consistently and without favoritism.
+* Discipline is being meted out consistently and without favoritism.
-    * DPPs and/or others recused themselves from discussion when appropriate.
+* DPPs and/or others recused themselves from discussion when appropriate.
-    * No DPP sought to unduly influence the choice of another DPP.
+* No DPP sought to unduly influence the choice of another DPP.
 If the Oversight Committee finds that any of the above criteria have not been met, they are empowered to dismiss the complaint, downgrade the offense, or remove/add notes in the personnel file. If the disciplinary action by a Department Point Person constitutes gross misconduct, the Oversight Committee is empowered to, if necessary, initiate disciplinary action against that Department Point Person.
@@ Line 220: / Line 224: @@
 Demotion will take the form of a removal of a staff member's collective status and/or transferral to a position with fewer responsibilities or one in which they will receive more direct supervision. It will be used:
-    * in instances where previous attempts to resolve the issue have failed, as a final attempt to solve a problem without dismissing a staff member.
+* in instances where previous attempts to resolve the issue have failed, as a final attempt to solve a problem without dismissing a staff member.
-    * where a staff member is determined to be incompetent or otherwise unable to carry out their duties but dismissal is not felt to be appropriate.
+* where a staff member is determined to be incompetent or otherwise unable to carry out their duties but dismissal is not felt to be appropriate.
 ===Dismissal===
@@ Line 275: / Line 279: @@
 All Department Point People shall have certain Line Manager responsibilities in order to successfully carry out disciplinary measures within their departments. These include:
-    * Provide counseling to workers in department
+* Provide counseling to workers in department
-    * Ensure workers in their department are adequately supervised
+* Ensure workers in their department are adequately supervised
-    * Resolve disputes
+* Resolve disputes
-    * Start investigations
+* Start investigations
-    * Put someone on paid administrative leave for up to 5 business days
+* Put someone on paid administrative leave for up to 5 business days
-    * Issue verbal warnings
+* Issue verbal warnings
-    * Issue written warnings (with oversight of DPPs)
+* Issue written warnings (with oversight of DPPs)
-    * Issue final written warning (with oversight of DPPs)
+* Issue final written warning (with oversight of DPPs)
-    * Recommend demotion/firing
+* Recommend demotion/firing

@@ Line 182: / Line 182: @@
-===Oversight===
+==Oversight==
 Oversight is a necessary component of any successful discipline policy. An Oversight Committee will meet periodically to review disciplinary actions and report on them to the collective and to the Board. The Oversight Committee shall be composed of the HR Administrator, another Collective member, and two Board members or their designees. The purpose of the review is to ensure that:
@@ Line 196: / Line 196: @@
 This committee will meet periodically only according to need; if there are no disciplinary actions to review, no meeting is necessary.
-===Discipline of Department Point Persons===
+==Discipline of Department Point Persons==
 Any DPP shall be empowered to initiate and conduct disciplinary action regarding any other DPP, subject to the other terms of this policy.

@@ Line 2: / Line 2: @@
 ==Scope==
-'''(last edited [[User:Mkille|Mkille]] 05:21, 20 February 2012 (UTC) ; there are still more edits to come)'''
+'''(last edited [[User:Mkille|Mkille]] 23:20, 23 February 2012 (UTC))'''
 Free Geek's Disciplinary Procedure will be used only when necessary and as a last resort. Where possible, informal and/or formal counseling will be used to resolve matters prior to any disciplinary action being taken. The procedure is intended to be constructive rather than punitive but recognizes the fact sanctions must be applied in some circumstances.
@@ Line 88: / Line 88: @@
 * Notice that any further repetition of the issue will result in Dismissal
-A decision to dismiss results in the immediate termination of the staff member. At this time, the  staff member is to receive written notice of the decision, explicitly including the steps to undertake a final appeal to the Board of Directors. Steps regarding end-of-employment procedures are to be carried out, as established, at this time.
+A decision to dismiss results in the immediate termination of the staff member. At this time, the staff member is to receive written notice of the decision, explicitly including the steps to undertake a final appeal to the Board of Directors. Steps regarding end-of-employment procedures are to be carried out, as established, at this time.
 ==Time Scales/Terms of Expiry==
@@ Line 116: / Line 116: @@
 ===Makeup of Appeals Panels===
-When an Appeals Panel is needed, one should be selected based on random chance of four Collective Members who have not yet had any role in the matter or any other conflict of interest. A quorum of three panel members is needed to make any decision.
+The HR Administrator or any current member of the HR Committee shall be ineligible to serve on an Appeals Panel at any time.
 If at any point the appropriate appeals body is not available (due to lack of quorum, vacations, illness, recusal or any other circumstance that necessitates it), that appeal is channeled directly to the Board of Directors, and the Board will name one or more designees to either round out an existing, short-handed panel of Collective members, or to form an ad hoc panel to serve in a manner consistent with this policy.
@@ Line 178: / Line 180: @@
 For example, the Board may determine the reason for dismissal was not merited at all, meaning the person is hired back just as before. Or they may have decided that dismissal was too severe of a consequence and demotion more appropriate. This would require additional details regarding terms of the new position be worked out before the staff member can return.
 ==Definitions==
@@ Line 193: / Line 218: @@
 ===Demotion===
-Demotion will take the form of a removal of an employee's collective status and/or transferal to a position with fewer responsibilities or one in which they will receive more direct supervision. It will be used:
+Demotion will take the form of a removal of a staff member's collective status and/or transferral to a position with fewer responsibilities or one in which they will receive more direct supervision. It will be used:
-     * in instances where previous attempts to resolve the issue have failed, as a final attempt to solve a problem without dismissing an employee.
+     * in instances where previous attempts to resolve the issue have failed, as a final attempt to solve a problem without dismissing a staff member.
-     * where an employee is determined to be incompetent or otherwise unable to carry out their duties but dismissal is not felt to be appropriate.
+     * where a staff member is determined to be incompetent or otherwise unable to carry out their duties but dismissal is not felt to be appropriate.
 ===Dismissal===
-Dismissal is the sanction of last resort. It is it used when misconduct has persisted and all other avenues have been exhausted, or in cases of Gross Misconduct such as theft or violence against another person.
+Dismissal is the sanction of last resort. It is used when misconduct has persisted and all other avenues have been exhausted, or in cases of Gross Misconduct such as theft or violence against another person.
 ==Appendices==
 ===Examples of Minor Misconduct===
-Listed below are examples of minor misconduct which may trigger the first step of the Disciplinary Procedure. This is not an exhaustive list, and does not pretend to anticipate the nuance of every situation. It is intended to provide guidance to managers, and concrete examples to all   employees.
+Listed below are examples of minor misconduct which may trigger the first step of the Disciplinary Procedure. This is not an exhaustive list, and does not pretend to anticipate the nuance of every situation. It is intended to provide guidance to Department Point Persons, and concrete examples to all staff members.
 * Persistent lateness without notice
@@ Line 256: / Line 283: @@
      * Issue written warnings (with oversight of DPPs)
      * Issue final written warning (with oversight of DPPs)
      * Recommend demotion/firing

@@ Line 2: / Line 2: @@
 ==Scope==
-'''(last edited [[User:Mkille|Mkille]] 05:21, 20 February 2012 (UTC) ; there are still more edits to come)'''''Italic text''
+'''(last edited [[User:Mkille|Mkille]] 05:21, 20 February 2012 (UTC) ; there are still more edits to come)'''
 Free Geek's Disciplinary Procedure will be used only when necessary and as a last resort. Where possible, informal and/or formal counseling will be used to resolve matters prior to any disciplinary action being taken. The procedure is intended to be constructive rather than punitive but recognizes the fact sanctions must be applied in some circumstances.
 '''
-These principles apply to discipline of bargaining unit employees and staff collective members. However, this particular procedure applies to the discipline of staff collective members.
+'''These principles apply to discipline of bargaining unit employees and staff collective members. However, this particular procedure applies to the discipline of staff collective members.'''
 '''
 A collective member can discuss any part of this policy with any other member of the Staff Collective. They can help clarify an employee's rights as well as give guidance and support where it may be needed. Every individual has the right to representation at any point during the disciplinary process.
@@ Line 14: / Line 14: @@
 This Procedure is an interim solution, designed to provide needed clarity regarding discipline issues in a manner consistent with Free Geek's current structure and culture. It strives to balance the need for transparency, fairness, effiency and due process. As an interim policy, this policy's execution and effects should be reviewed occassionally by both the Staff Collective and Board, and the policy should be amended, replaced or abolished as the situation demands.
 N.B. Nothing in this policy may usurp any party's legal rights, including the right to bring legal proceedings where appropriate.
 ==Procedure For Formal Discipline & Investigation==