Professional Documents
Culture Documents
WHAT IS A GRIEVANCE?
Contract violations involve such matters as seniority, hours of work, staffing, wages, working
conditions, holidays and vacations - matters specifically covered in the contract.
The contract does not cover every practice on the job. Some have been established and
recognized by both the management and the union, and may be written or unwritten.
Laws written to protect workers are implicitly part of the contract and a violation of such a law can
constitute a grievance.
If management sets forth rules and sets policies, it may be a grievance if it violates these rules.
1. WHO… is involved?
4. WHAT…
Is management's position?
5. WHY
Is this a grievance?
Has the contract been violated? (What about violations of past practice or the law?)
6. HOW
Should the grievance be settled? (What adjustments are necessary to correct the injustice?)
Provide only enough information to identify the grievance so that management can respond.
(3) How the Monday, July 02, 2007Monday, July 02, 2007 problem should be fixed (remedy)
Arguments, evidence and justification for the grievance should be used in oral arguments with
management. However, you should jot these facts down before you argue the case with
management.
Use the phrase "violates the contract" and the words "including but not limited to Article...". If
these terms are used, you are not limiting yourself to one specific article; additional article can be
added later.
4. AVOID PERSONAL REMARKS
The grievance states the union's position, not the grievant's opinion. Avoid the use of the terms "I
think" or opinions of management officials.
Use the general phrase "to be made whole in every way". If you limit the remedy you don't allow
the union room to bargain on the grievance; or an item might be unintentionally left out - you may
not be able to add it in at a later time.
Example:
The union requests that the grievant, Billy Brown be recalled to his job classification with full back
pay for all wages and benefits lost.
Wrong!
The union requests that the grievant, Billy Brown be made whole in every way, including recall to
his job classification with full back pay for wages and benefits lost.
Right
By including the term "made whole in every way", the grievant should receive any and all losses
due to management's improper action.
This could include wages, seniority, insurance benefits, vacation accruals, etc.
However, even though the term "made whole in every way" is added, the union must advise
either the management official or the arbitrator as to the specific benefits requested.
Go over the written grievance. Explain the requested remedy and obtain the grievant's full
understanding.
7. SOLIDARITY
Explain the grievance to your members. Be sure they understand and support your efforts.
Let the grievant know the status of the grievance - keep him or her advised of the stage it is at
during the steps of the grievance and arbitration procedure.
9. ARBITRATION
Prepare each case on the assumption that it may go to arbitration. Most cases are lost or won
based upon the early investigation of the grievance.
Keep names, dates, memos that relate to the grievance. Other stewards may eventually get
involved
STEP A Informal:
Must be discussed with the grievant’s immediate supervisor within 14 days of the occurrence or
when the grievant or the Union may reasonably have been expected to have learned of the
occurrence.
Verification of a STEP A Informal Decision Date: At the conclusion of the STEP A Informal
meeting the Union should request the supervisor to initial the STEP A Formal Grievance Form to
verify the date of the Step A Informal decision.
STEP A Formal:
The STEP A Formal Grievance Meeting must be held with the installation head or designee within
7 days of the STEP A Informal decision.
The STEP A Formal Grievance Form must be completed within 7 days of the STEP A Formal
Grievance Meeting.
STEP B APPEAL:
Must be appealed in writing to STEP B representative’s office and include the entire grievance
file.
Failure to appeal within the time limits is considered a waiver of the grievance if the Postal
Service raises the issue of timeliness. In such cases, NALC will not be able to successfully obtain
arbitration of the grievance on its merits. HOWEVER , NALC representatives should note that if
Postal Service fails to schedule a meeting or render a decision within the time limits prescribed in
Article XV, this failure shall automatically move the grievance to the next step of the grievance-
arbitration procedure.
DEVELOPING INFORMATION IN INVESTIGATORY GRIEVANCES
SOURCES OF INFORMATION
1. RECORDS
Personnel File
Production Records
Performance Records
Grievance Records
Safety Records
Medical Records
2. SPECIAL REPORTS
Medical
3. INTERVIEWS - In-House
Management
Union
Neutral
4. INTERVIEWS - External
5. POLYMORPHICS
6. POLICE
7. EMPLOYEE INFORMANTS
8. LOCUS OF INVESTIGATION
Examine reports
Examine records
Decide on action now to be taken such as formulate charge; hold up; drop entirely
PROOF
Evidence is used to establish proof of a fact in the mind of the arbitrator. The degree of proof
required depends on the nature of the case and must simply satisfy the arbitrator. There are three
degrees of proof used by arbitrators in making decisions:
A greater degree of proof will be required for cases determining more critical issues for the
individual, the labor/management relationship, and the law. Generally, arbitrators look for clear
and convincing proof in the majority of cases.
BURDEN OF PROOF
One party has the obligation to establish through evidence the issue to be proven. This burden of
proof consists of two elements:
The burden of proof depends on the nature of the case. Generally, in non-disciplinary hearings,
the grieving party, which is usually the union, bears the initial burden. In disciplinary cases, it is
usually the employer who has the burden of proving just cause. The burden of proof may also
shift. In arbitration, the concept of burden of proof may be applied according to the particular
arbitrator who may or may not find it useful to decision making.
Listen very carefully to the questions that are asked and to answer only the question asked in the
most direct and simplest way possible.
Dress neatly.
There are seven (7) specific questions that must be answered in an arbitrator's mind to establish
that a suspension or discharge was for "just cause." A positive "no" answer to one or more of the
questions would indicate that "just cause" did not exist.
1. Did the organization give to the employee forewarning or knowledge of the possible or
probable disciplinary consequences of the employee's conduct? In other words, were there some
kind of written (or oral) instructions governing the situation the employee is being disciplined for.
This could be a notice posted on a bulletin board or found in an order book. The important thing is
that it must be proven that there was actual written or oral communication of these rules before
the incident occurred.
2. Was the rule or managerial order reasonably related to the orderly, efficient and safe operation
of the organization’s business? Even if he/she believes it's unreasonable, the employee must
obey the order. The employee can later file a grievance.
3. Did the organization, before administering discipline to an employee, make an effort to discover
whether the employee did, in fact, violate or disobey a rule or order? The employee has a right to
know what he/she is being disciplined for. The investigation should be made before disciplinary
action is taken. In too many cases, the action is taken without proper investigation.
4. Did the organization conduct the investigation fairly and objectively? (No comment needed.)
5. At the investigation, was there substantial evidence that the employee was guilty as charged?
6. Has the organization applied its rules, orders, and penalties evenhandedly and without
discrimination to all employees? Have other employees been guilty of the same infraction of rules
and not received a disciplinary action?
7. Was the degree of discipline administered by the organization in a particular case reasonably
related to (a) the seriousness of the employee's proven offense,and (b) the record of the
employee in his/her service with the organization? It would not be just to fire an employee for
being tardy twice over a six month period if he/she had an unblemished record for 15 years prior
to that. On the other hand, if the employee has a record of previous offenses, that record should
not be used to judge whether he/she is guilty of the latest offense.
Following the above will not guarantee a winner in all grievances, but it should enhance their
chances of being settled successfully.
2. CLEARLY STATED - This mean that the practice has been observed by the parties and is
followed without protest or objection from one party or the other.
3. DURATION - That is to say that it has existed and been followed over a reasonably long period
of time. In this regard a "bridge effect" may be of significance to some arbitrators. The bridge
effect results from a practice commencing under one agreement and continuing unchanged and
unprotested into a renewed agreement. As a result it bridges one collective bargaining agreement
with another between the parties without having been changed or discontinued.
4. JOINTLY ACCEPTED AND ACTED UPON - This means that both parties, through their line
representatives, have operated as though the practice in fact, existed and was a guiding rule.
This should indicate to the arbitrators that a practice exits that is agreeable to and accepted by
both parties.
One import factor that should be noted is that the frequency of the practice may not be as
important as the mutual observance. In other words, a practice which occurs only three times a
year and which, on each occasion, is consistently executed may have more weight on an
arbitrator's decision than another practice, which occurs 15 times a year but is not consistently
administered from one time to another.
Proof of past practice requires documentation and evidence. It is essential that when a past
practice exists and is grieved, all possible documentation and facts be submitted along with the
allegation of a violation of the past practice.
In order to be binding, past practice should have one or all of the aforementioned elements.
TYPES OF INFORMATION
DISCIPLINE
Letter of warning
Swastik73:
"All disputes, complaints or grievances arising out of the terms and conditions of
employment, or recognized working procedures, or written, negotiated agreements
must be presented through this procedure. The employee(s) shall continue to work
as directed by management pending the final disposition of the issue."
"Prior to any formal grievance, the employee must discuss the issue with his/her
immediate supervisor within three (3) working days after the date of occurrence, or
three (3) working days after the date which the affected employee(s) could
reasonably been made aware of the issue giving rise to the dispute or complaint."
"If not resolved by the immediate supervisor within three (3) working days, the
employee(s) may submit a formal grievance, in writing, to Step 1 no later than three
(3) working days."
The General Manager, or his designate shall render a decision, in writing, to the
District Union Representative no later than five (5) working days. If the matter is not
resolved, the Union may submit the matter to ARBITRATION within ten (10) working
days of receipt of Management's STEP 3 answer.
ARBITRATION: Each party shall submit a list of five (5) names to the other. From the
Ten (10) names presented, one (1) should be selected as the impartial arbitrator. If
no one is acceptable, the union shall submit three (3) names; the company shall
submit two (2) names resulting in a list of five (5) names. (In subsequent cases, the
arrangement will be reversed.) The party submitting the most names will be the first
to eliminate one name, the other party will follow and the sequence will continue
until only one name is left.
(In the US a list of qualified arbitrators may be obtained from the American
Arbitration Association [AAA], the Federal Medication and Conciliation Service
[FMCS], or the National Academy of Arbitrators [NAA]. Usually, they are attorneys or
professors who have developed a reputation as fair, impartial and unbiased.)
The parties agree that the sole remaining name shall be the arbitrator for this case
only. The parties further agree that the decision rendered will be final and binding on
all parties, i.e. Management, Union, grievant and employees. The expenses of the
arbitration, including the arbitrator's fee shall be [borne equally by the parties OR
paid by the losing party]
The arbitrator will have no authority to add to, delete from, or amend any
term/condition of employment, or recognized working procedures, or written,
negotiated agreements.
Post hearing briefs will not be filed unless requested by the arbitrator, or at the
request of either party.
The arbitrator's decision may be oral (bench decision) or written. If written, it shall
be delivered to the parties simultaneously no later than thirty (30) working days
form the close of the hearing.
Swastik73:
As an alternative to the Grievance Procedure I submitted, some Companies (usually
without unions) have established a "Peer Review" process.
Under this scheme, selected employees (usually 3) are teamed with selected
management (2) to hear employee complaints. At the end of the hearing the
"judges" vote by secret ballot ("complaint is upheld; complaint is denied"). Counting
of ballots is stopped when a majority is reached and all ballots are destroyed.
The next step is to train the "selectees" as to the duty and scope of their
responsibility. To judge the case on the facts and evidence presented by both
sides;Not to be intimidated by management or coerced by employee(s); Be willing to
question witnesses, respectfully, to gain further insight and clarification of their
statements as well as to assess credibility; To render a fair decision, based solely on
"just cause" and not on personal or emotional considerations, and to recommend a
just penalty for the offender.
In the beginning, Management will have some doubts as to the overall impact of
such a Review procedure on its authority to "run the business". In some cases, an
argument directed at "empowerment of employees", "employees as strategic
business partners", or (in the US, usually involving discrimination cases) "a cheap
prelude to determining the overall case prior to litigation" is sufficient for
management to take a "try and see" appoach.
Yes.
Persons with complaints, concerns, grievances want a swift review and resolution of
the problem by management. Such quick response is beneficial to the employee,
Management and the organization.
The employee because (s)he knows that the issue has been addressed in a timely,
fair and consistent manner, even though they may not like the resultant answer.
The organization runs more efficiently since everyone knows that the issue has been
resolved, one way or the other, and the employees can apply their efforts to their
responsibilities.
The "3 Step" procedure encompasses a progressive face to face review of the issue
by sequentially higher levels of Management and Labor. The issues become clearer
as the parties move away from emotion and toward logic. (This is the method most
commonly used in the US.)
Of course, this presumes that the parties actually want to resolve the grievance in a
manner beneficial to both. If there is a hidden agenda, wherein one party seeks to
come out ahead, the issue usually finds its way to arbitration.
Yes.
Persons with complaints, concerns, grievances want a swift review and resolution of
the problem by management. Such quick response is beneficial to the employee,
Management and the organization.
The employee because (s)he knows that the issue has been addressed in a timely,
fair and consistent manner, even though they may not like the resultant answer.
The organization runs more efficiently since everyone knows that the issue has been
resolved, one way or the other, and the employees can apply their efforts to their
responsibilities.
The "3 Step" procedure encompasses a progressive face to face review of the issue
by sequentially higher levels of Management and Labor. The issues become clearer
as the parties move away from emotion and toward logic. (This is the method most
commonly used in the US.)
Of course, this presumes that the parties actually want to resolve the grievance in a
manner beneficial to both. If there is a hidden agenda, wherein one party seeks to
come out ahead, the issue usually finds its way to arbitration.
Dear Swastik,
I don't have a readiy to use designed format for grievance handling however iam
posting a guideline for creating your own grievance handling policy. I hope this
would be of help to you.
Employees become concerned or worried about all sorts of issues, some are work
related and others are of a more personal nature but may impact on their work
situation. Issues may concern individual workers or affect group of workers leading
to individual or collective grievances.
When employees voice these concerns to managers, in order to seek some sort of
redress, they are initially classified as complaints. Good day-to day management
should ensure that the majority of such matters are resolved quickly and to the
satisfaction of all parties. It is not, however, always possible to find quick and easy
solutions to employees complaints.
Iit is a good practice to separate grievance and disciplinary procedures, as their aims
are very different. Appeals against disciplinary decisions should be channelled
through the disciplinary appeals procedure, not the grievance procedure. Thet
decisions on the scope of grievance procedure need to be made at the design stage
and should depend on the size, nature and culture of the organization as well as how
sophisticated its existing procedures are.
It is obvious that fair and efficient handling of complaints and grievances in the
workplace can significantly contribute to good employee relation. This can be
achieved through good management practices but it is preferable to adopt a formal
written policy and procedure, to ensure consistency and a co-ordinated approach.
Another benefit is that should things go wrong, and a poorly handled grievance leads
to legal intervention the organisation will have a better defence if it can be shown
that a comprehensive grievance procedure was in place and was correctly utilised.
• simple to understand
Further the procedure should ensure that, if a grievance is not settled at the informal
or the first formal stage, workers should have the right to have their grievances
heard at further levels, i.e. the right to appeal should be built into each stage.
The number of stages contained in the procedure will depend on the size and nature
of the organisation, the management structure and the availability of resources. In
the informal stage the grievance is discussed informally with the immediate
manager. If the matter is not resolved the grievance is taken to the next stage and
so on. In each stage a more senior manager handles the issue; the last stage being
handled by the managing director or his authorised deputy or by a grievance
committee.
Further the grievance procedure should provide for proceedings and records to be
kept confidential. The organisation must keep accurate records detailing the nature
of the grievance, the management response and the reason behind it, as well as any
action taken. The managers handling the grievance should be open minded and
impartial in their thoughts and actions and should be trained in grievance handling.
It will be a good practice that another management representative who can act as a
witness and/or a note taker accompanies managers.
The grievance procedure should be made known to all workers either by providing
individual copies during induction or by providing access via the organisation’s
intranet site. The grievance procedure document should specify the scope and rule
out issues that are covered by other company procedures such as the disciplinary,
harassment, job evaluation appeal procedures etc. Further it would a good practice
to have a pro forma document for notification of formal grievance and a flow chart
showing how the procedure operates. Also, special allowances should be made for
individuals who are disabled and whose first language is not English.
Needless to say, the grievance procedures should adhere to the rules of natural
justice. It should be fair and seen to be fair. There should be full investigation by an
unbiased individual to establish the facts of the case. Employees who have raised a
grievance should not subsequently be disadvantaged in any way.
Regards,
Faizal Haque
REGULATIONS
When you start work with a new employer, he or she must give you,
within two months of the starting date, a written statement of
employment particulars, such as pay and hours, and this must include a
note of the employer’s disciplinary and grievance procedures. In
particular, the note must set out any disciplinary rules which apply to
employees and tell you to whom you should go if you have a grievance.
Under the new Regulations an employer and an employee must in certain
circumstances, by law, follow these minimum procedures.
These new minimum procedures apply only to employees but not to other
workers who supply services to employers, for instance freelancers or
subcontractors. This is an important and complex point. If you need help, or
advice on whether or not the procedures apply to you, you can contact your
trade union representative or local Citizens Advice Bureau
www.adviceguide.org.uk. You can also get advice from Acas: at
www.acas.org.uk or on their helpline 08457 47 47 47; or the TUC’s website
at www.worksmart.org.uk.
Key points
Your employer is • bound by law to have disciplinary, dismissal and
grievance procedures and to tell you what they are.
Before using these procedures you and your • employer should attempt to
sort problems out informally where possible.
GRIEVANCE PROCEDURE
You are now required to send your • employer a written statement of
your grievance. Your employer must then arrange a meeting to discuss
it, and then tell you the decision. You have a right to appeal against
that decision at a further meeting and you must appeal to complete
the procedure in the Regulations. If you disagree with what your
employer decides to do after the appeal meeting, you will need to
make a claim to an employment tribunal if you want to resolve the
matter by legal means.
As a general rule, you will not be able to • make a claim to an
employment tribunal based on a grievance unless you have put your
grievance to the employer in writing and then allowed 28 days to
pass. This rule does not apply if your grievance is about dismissal, or
about disciplinary action that you agree was taken against you on
conduct or capability grounds (unless you think the action involved
unlawful discrimination against you).
THE MEETINGS
You have a right to be • accompanied to any meetings to discuss your
grievance, and any meetings about dismissal or disciplinary action
which your employer intends to take against you. You may choose to
be accompanied by someone you work with or a trade union official.
GOING TO A TRIBUNAL
You can make a claim to an • employment tribunal by completing a
claim form, available from Jobcentres, Law Centres and Citizens
Advice Bureaux, or online at www.employmenttribunals.gov.uk. You
should note that you will generally need to do this within a specified
time limit, which can be as short as three months beginning with the
day your employment ended or when the matter you are complaining
about happened. However, in certain circumstances this time limit
will be extended if you complete the first step of the statutory
procedure.
The first thing to do if you have concerns is raise the matter with the
person specified in the grievance procedures, usually your line manager.
If this is not possible, or if your problem is with that person, you should
go to the next most senior person. Try to get the problem resolved
informally at this stage.
Although these first discussions are informal, you may find it helpful to
keep a brief note of any discussions you had, noting the date and time,
whom you spoke to, and the main points covered. These will be useful if
the problem is not resolved at this stage and you have to go on to more
formal procedures.
The meeting
When your employer has read your written statement he or she must
invite you to a meeting to discuss your grievance. He or she can allow
himself or herself a little time to look into your complaint but should not
delay for an unreasonable amount of time.
Prepare carefully for the meeting and discuss the matter fully with anyone
you have asked to accompany you. If there is anyone there you don’t
know, ask your employer to introduce them. Your employer should
explain how the meeting will be held, who will speak and when. Your
employer should give you an opportunity to set your case out calmly and
clearly, and, if appropriate, to explain what you have done to try to
resolve the problem informally. Be proactive. Use the opportunity to
make some suggestions as to how the problem might be resolved. This
will help you and your employer. Be concise. If you have any other
grievances, consider if you need to raise them separately.
After the meeting – not necessarily straight away – the employer must
tell you what he or she has decided. If you do not agree with his or her
decision, you have the right to appeal, and your employer should inform
you of this.
The Appeal
If you feel that your grievance has not been satisfactorily dealt with, you
should tell your employer that you are going to appeal. An example of an
appeal letter is on page 16. He or she must arrange a meeting to discuss
this. The same rules apply to this as to the original meeting. It must be
at a reasonable time and place and you have a right to be accompanied. If
you do not appeal, but go straight to an employment tribunal with your
complaint, any money you are awarded may be reduced by between 10%
and 50%.
After the appeal meeting, the employer must tell you what he or she has
decided. This is his or her final decision. If you are still not satisfied, and
you think that your employment rights have been infringed, you may have
to take the matter to an employment tribunal (see chapter 3). But
discuss it first with your trade union representative or local CAB.
Raising a grievance after you have left your job
If you leave a job but still have an outstanding grievance, you can pursue
it using a shorter, two step procedure, known as the modified procedure,
if:
You and your • employer agree in writing to use the modified
procedure; and
Your • employer did not know about the grievance or the procedure
was either not started or was started but not completed before you
left the employment.
The new statutory minimum procedures come into play when the
employer actually contemplates dismissing you or taking other disciplinary
action against you. However, many employers already follow additional,
preliminary procedural steps – for instance, holding investigation
meetings and/or issuing a series of verbal or written warnings,
culminating in a final written warning – before reaching this point. If you
are already entitled to this as part of your terms and conditions of
employment, the new statutory minimum procedures do not change
things. They will need to be followed in addition to your employers’
previous procedures. Not to do so may count as unreasonable behaviour.
It would help to make a short note of any discussions you have with
management about a work problem, recording the date of the discussion,
whom you spoke to and the main points discussed. This may be useful if
your employer takes formal proceedings.
At the point your employer contemplates taking disciplinary action or
dismissing you, he or she should follow the minimum statutory
disciplinary procedures. “Disciplinary action” here means action taken on
grounds of your conduct or capability and does not include warnings or
suspension on full pay.
If your employer does not follow the new statutory minimum procedures,
and
The hearing
Once he or she has sent you the statement your employer must invite
you to a meeting to discuss the issue. He or she should allow you
enough time to think about what has been said but should not delay the
meeting for an unreasonable time.
Prepare carefully for the meeting and discuss the matter fully with anyone
you have asked to accompany you. If there is anyone there you don’t
know, ask your employer to introduce them. Your employer should
explain how the meeting will be held, who will speak and when. Your
employer must give you an opportunity to set your case out calmly and
clearly. Listen to what your employer has to say and give your side of
the case. Be concise. The employer may dismiss or take the disciplinary
action against you at this point.
Prepare carefully for the meeting and discuss the matter fully with anyone
you have asked to accompany you.
After the meeting the employer must decide what he or she is going to
do and tell you what it is. This is his or her final decision and if you are
still not happy with it, and wish to continue, you will need to take your
case to an employment tribunal.
Can the grievance procedure apply to a dismissal or disciplinary
procedure?
You do not need to start a grievance procedure over a dismissal in any
circumstances (unless you are complaining about constructive dismissal –
i.e. you are claiming that you were forced to resign because of your
employer’s behaviour).
You can start a grievance procedure about disciplinary action if:
you disagree with • your employer that the action was taken on
conduct or capability grounds; and/or
you consider that the action constituted unlawful • discrimination
against you.
Instant dismissal
An instant dismissal when the employer has not made any investigation
of the circumstances is nearly always unfair. However there are some
very rare cases involving gross misconduct where tribunals have ruled
that the dismissal was fair because the circumstances made an
investigation unnecessary. In these cases the Regulations allow the
employer to dismiss first and then operate a two-step procedure going
straight from the written statement to the appeal without holding a
hearing in between.
A list of valid reasons is set out below. Some of them involve complex
legal matters and if you are uncertain as to whether the reasons apply in
your case you should get advice from trade union representative or your
nearest Citizens Advice Bureau.
The reasons for not lodging a written grievance are:
You were not an employee of the employer (but were, for • instance,
a worker supplying services as a freelancer or contractor, or were a
job applicant).
Your claim is brought under a law that is not listed • in Schedule 4 to
the Employment Act 2002 - the main example is a claim about a
breach of contract (but you may still be penalised in terms of
compensation if you do not complete the procedures).
Your employment • has ended, you did not put your grievance in
writing to your employer before your employment ended, and it has
since become not reasonably practicable for you to do so, for
example if he or she has gone abroad.
It is not • practicable for you to put your grievance in writing to your
employer within a reasonable period, for example because your
employer is a sole trader and is not available due to long-term
illness.
Your grievance is that you • were dismissed or about disciplinary
action that your employer says was taken on the grounds of your
conduct or capability (unless you disagree that those were the
grounds, or think that the action was unlawfully discriminatory).
You have reasonable grounds for believing that that • putting your
grievance in writing to your employer would result in significant
threat to you or your property or some other person or their
property.
You have been subject to harassment and have reasonable • grounds
to believe that putting the grievance in writing to your employer
would result in further harassment.
The grievance was put to • your employer in writing by an
appropriate representative (for example, an official of a recognised
trade union) on behalf of you and at least one other employee.
Special cases
If you are applying for a redundancy payment special time limits apply.
These are complicated and you should seek advice from the Redundancy
Payment Helpline on 0845 145 0004.
Costs
Unless you (or your representative, if you have one) abuse the system by
acting unreasonably, or by pursuing a claim which has no reasonable
prospect of success, you will not have to meet the respondent’s costs.
This is one of the ways in which the employment tribunals differ from the
ordinary civil courts.
Dear……………. Date………………..
I am writing to tell you that I wish to raise a grievance.
This action is being considered with regard to the following
circumstances:
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
I am entitled to a hearing to discuss this matter. I am entitled, if I wish,
to be accompanied by another work colleague or my trade union
representative. Please reply within (not more than 2 days of the date of
this letter.
Yours sincerely
Signed …………………… Employee
Dear……………. Date………………..
On ………….. I was informed that the Company had decided to
…………………………………. based on my grievance of
…………………….. raised on ……………….
I would like to appeal against this decision. I wish the following
information to be taken into account:
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
Please reply within x days fronm the date of this letter.
Yours sincerely
Signed …………………… Employee
Dear……………. Date………………..
On ………….. I was informed that ……………. [insert organisation name]
was considering dismissing OR taking disciplinary action [insert proposed
action] against me.
I would like to appeal against this decision. I wish the following
information to be taken into account:
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
…………………………………………………………………………………………
Yours sincerely
Signed …………………… Employee
hi all,
GRIEVANCE REDRESSAL PROCEDURE
AIMS & OBJECTIVES: To provide the employees an easy and readily accessible
machinery for prompt disposal of their day to day Grievances.
SECOND STAGE (AREA LEVEL): If the employee is not satisfied, he may request the
Manager/HoD to forward his Grievance to the Grievance Committee constituted at
Area level which consists of –
a) One permanent member nominated by the Recognised Trade Union of the Area
OR in his absence, a representative duly authorised by the said Union.
b) A representative of the Registered Trade Union OR a co-worker of the worker’s
choice.
All the officers are requested to put in their best efforts to examine and redress the
genuine grievance submitted by workmen at different stages expeditiously.
I have sent this posting for everybody's reference,kindly give me your comments on
the same.
Regards,
Sonit Singh
Sonit:
Consider:
At the SECOND STAGE, I would recommend the addition of one more Union
representative. In addition, a secret ballot as to the disposition of the grievance
(“has merit“/ “does not have merit“) should be taken. When a majority is reached - 4
votes for either position - the counting will cease. This system precludes any
pressure on the management or union to vote “for” or “against” the employee. The
vote is not on the person, but the situation as represented by the facts.
Just my thoughts.
Bill Kuzmin
PALADIN Human Resource Consulting
4. Review discipline decisions: The disciplinary decisions must be reviewed before being
implemented. This will ensure uniformity and fairness of the system and will minimize the
arbitrariness of the disciplinary system.
5. Notification of conduct that may result in discipline: Actions that lead to misconduct can be
listed and documented so the employees are aware of such actions. This will unable them
to claim that they have not been notified, in advance, regarding the same.
6. Information regarding penalties: The employer should define the penalties and other
actions like warnings, reprimands, discharge and dismissal well in advance. All these action
plans must be communicated to the employees.
8. Documentation: Effective discipline requires accurate, written record keeping and written
notification to the employees. Thus less chance will be left for the employee to say the he
“did not know” about the policy.
9. Discipline should be fair: The disciplinary decision should be fair enough for the employee.
Both over-penalization and under-penalization are considered to be unfair for the problem
employee. Moreover, an internal fairness is to be maintained, that is, two employees who
have committed the same offense should be equally punished.
10. Discipline shall be flexible and consistent: The manager administering discipline must
consider the effect of actions taken by other managers and of other actions taken in the
past. Consistent discipline helps to set limits and informs people about what they can and
cannot do. Inconsistent discipline leads to confusion and uncertainty.
11. Disciplinary action should be prompt: The effective discipline should be immediate. The
longer time lag between the misconduct offense and the disciplinary action will result in
ineffectiveness of the discipline.
To maintain harmonious relations and promote industrial peace, a Code of Discipline has been
laid down which applies to both public and private sector enterprises. It specifies various
obligations for the management and the workers with the objective of promoting cooperation
between their representatives.
Avoiding litigations
Eliminate all forms of coercion, intimidation and violations of rules and regulations governing
industrial relations.
To ensure better discipline in industry, management and unions agree on not indulging into
various actions. These actions can b summarized as follows:
• that no unilateral action should be taken in connection with any industrial matter and
that should be settled at appropriate level
• that the existing machinery for settlement of disputes should be utilized with the
utmost efficiency
• that neither party will have recourse to coercion, intimidation, victimization or go –slow
tactics
• that they will avoid litigation, sit-down and stay-in strikes and lock-outs
• that they will promote constructive co-operation between their representatives at all
levels and as between workers themselves
• that they will establish upon a mutually agreed grievance procedure which will ensure a
speedy and full investigation leading to settlement;
• that they will abide by various stages in the grievance procedure and take no arbitrary
action which would by-pass this procedure; and
Management Agrees
• not to support or encourage any unfair labor practice such as discrimination and
victimization of any employee
• to take appropriate disciplinary action against its officers and members in cases where
enquiries reveal that they were responsible for precipitate action by workers leading to
indiscipline
Union agrees
• that their members will not engage or cause other employees to engage in any union
activity during working hours
• to discourage unfair labor practices such as negligence of duty, damage to property and
insubordination
Maximum effectiveness is achieved with a minimum of bad side effects when formal
corrective discipline (reprimands, written warnings, disciplinary layoffs) is applied sparingly to
the few employees who fail to respond to proper training, extensive counseling and informal
corrective efforts. Listed below are some questions which the supervisor should ask himself
when deciding whether or not to reprimand or penalize an employee.
1. In my judgment, would a discussion with the employee be a more effective way of getting
him to correct his behavior than a formal reprimand or penalty? For example, if the
misconduct is an isolated instance of misbehavior by a usually reliable employee, a
discussion is ordinarily more effective than a penalty or reprimand.
2. Or, is the misconduct part of a pattern of repeated offenses which I have already tried
unsuccessfully to correct by methods short of a formal reprimand or penalty? If so, formal
discipline MAY be in order.
3. Has similar misconduct on the part of the employee or other employees been tolerated
(ignored or condoned) in the past by management? If so, have employees been put on
notice that such misconduct (for example, lining up early at the time clock or taking
excessive relief time) will no longer be tolerated, and has an effort, short of formal discipline,
been made to correct the problem?
4. Have I asked the employee for his explanation and permitted him to tell fully his side of the
story?
5. Have I checked his explanation before indicating to him my belief that he was guilty of
misconduct?
6. In discussing the matter with the employee, have I taken a calm, courteous but firm
approach? All employees, even those guilty of misconduct, are entitled to be treated with
courtesy and respect.
7. Are there any aspects of the case, which, if brought to light in the processing of a
grievance before an impartial arbitrator or in a legal proceeding, would reflect unfavorably on
the character, judgment or conduct of any member of management? If so, this factor should
be carefully considered when deciding whether or not formal disciplinary action is to be
taken.
8. If formal disciplinary action is taken, can management prove, beyond a reasonable doubt,
that the employee is guilty in the event a grievance is filed? If not, formal discipline should
not be taken. Corrective action should be limited to a discussion with the employee. The
following items may be helpful in sustaining management's burden of proof:
--physical evidence such as a scrapped or damaged part or tool, beer or whiskey bottle, etc.
(Such evidence should be retained until any grievance is resolved.)
--comments by witnesses
10. If formal discipline is contemplated, have I checked the employee's prior discipline,
attendance and tardiness record to determine the proper extent of penalty? Have I fully
taken into account any period of good conduct since the prior disciplinary action?
11. In my own mind, is the penalty fair, and is it the most effective way of bringing about the
desired correction in the employee's behavior?
12. have I taken the time to explain fully to the employee the reason for the penalty and what
will be expected of him in the future? Grievances protesting reprimands and penalites
sometimes are filed because the supervisor has failed to adequately explain to the employee
why he is being penalized. When the penalty is being issued, the supervisor should try to get
a commitment from the employee that he will make an effort to correct his behavior. For
example, in a situation involving absence or tardiness, the employee's record should be
reviewed with him and the number of times he has been absent or late pointed out to him. If
this is done the employee may understand that he is not being penalized for a single
instance of absence or tardiness.
13. Have I considered reviewing disciplinary issues with the union representative and trying
to enlist his help in dealing with the problem before resorting to formal discipline? Doing so
can put the union representative in a position, in event of formal discipline, to remind the
employee that he had been warned about his behavior.
14. Have I complied with the union representation provisions of the union contract?
--Was the reason for the penalty stated briefly and accurately on the penalty slip?
--If the employee requested his union representative, was the representative called promptly
and the employee furnished represenation before he left the plant?
--Was the employee notified in writing of the reason for the warning, reprimand, suspension
or dismissal?
--Was the union representative notified in writing in accordance with the union agreement?
Discipline in the workplace. It sounds almost like an oxymoron, doesn't it? After all, discipline is
something used with children, right? And hopefully, you've got all adults working for you. So the
notion of conducting a discipline session makes everyone feel uncomfortable - as though you are
somehow overstepping your bounds.
That discomfort you're feeling can make you go easy on someone ("Oh, it more than likely won't
crop up again so I'm not going to do anything about it") or go too far ("A buyer complained that
she was on hold too long so I'm writing you up!")
Neither option can be ideal for you, your association or your employee. You do need to discipline
an employee whose actions have crossed the line . . . however you need to accomplish it
properly.
First things first: recognize what discipline actually means. It is a follow-up to coaching. You do it
because you have already given corrective feedback and suggested ways to correct the problem
-and the employee in question has failed to heed your advice. Discipline is a way of declaring,
"That correction needs to occur. If it doesn't, there will be consequences." It will sound basic, yet
the truth is it's easy to make mistakes in this arena which a) result in an ineffective session, after
which nothing changes, b) strain your relationship with your employee, c) anger or upset him or
her to the point of much worse performance (this, in turn, will lessen morale), and/or d) lead to
legal action against you or your firm.
Unpleasant as it can be, you have to address employee infractions. Here's why.
The initial as well as most obvious reason can be simply that: You expect your employee to do
the right thing. You would like him to stop being rude to patrons or missing major deadlines or
showing up two hours late each Monday . . . whatever. (Yes, of course, the present rule-breaker
may be a woman, but we are trying to steer clear of that confusing he/she/his/her conundrum.
Please bear with us!)
Conduct a discipline session ideally and you increase the likelihood that your employee will cease
this offending behavior and improve dramatically.
The other reason not to let things slide can be a bit more complicated. Suppose your employee is
merely, well, a lost cause? Suppose you know in deep down that he's not going to ever develop
into an intuitive, innovative "happy corporate citizen?"
That's all the more grounds to discipline him. Perfectly-structured, properly documented discipline
sessions - with all your I's dotted and T's crossed - may be half of the battle of getting him out the
door . . . with a clear conscience and tiny odds that a disgruntled employee will pursue litigation.
Conducting effective discipline sessions are both an art and a science. We'll teach you
where you can compromise . . . and where you can't.
A part of this "art" we mentioned above involves understanding which type of discipline session
might be appropriate when. The other part involves determining what you can say throughout a
session. You do have some leeway depending on the particulars of your employee and also his
breach. Every case is different, every person is distinct, and most every workplace culture is
unique . . . so it's hard to submit carved-in-stone rules.
Not to worry. Dr. Joanne G. Sujansky, CSP (Certified Speaking Professional, CEO, as well as
Founder of KEYGroup®) offers them. Her study "How to Discipline an Employee - Employee
Discipline That Works," provides real-life examples of discipline cases and clearly pinpoints the
components that determine what should be done - both type (which out of the four opportunities
might be ideal and why) as well as tone (what to say in a session and how to say it).
Here are a few nagging issues Dr. Sujansky's report can answer:
• Are there ever occasions when it is proper to permit an infraction to slide? If so, when?
• What infractions call for immediate action - for example removal from the workplace and
also, under more serious circumstances, immediate termination?
• How do I proceed if I find out during the session that this employee is dealing with
personal problems - such as alcoholism, drug abuse or domestic violence?
• What if an employee breaks a "common sense" rule that seems obvious to me but is not
covered in the employee handbook?
• Am I truly justified in disciplining him? I've heard that discipline should be conducted in
private to spare the employee's pride. But then I've also heard that a witness should
always be there for legal reasons. Which is right?
Without a doubt, few employee discipline matters are in fact black and white. Dr. Sujansky
addresses them head on:
• The reason it's critically important to put everything in writing. (The report even supplies a
"documentation template" you can use.)
• That one phrase you should never say during a discipline session.
• Three things never to put in writing.
• What to do if an employee refuses to answer a question.
• What to do if an employee asks to resign over a discipline session.
• When to use the infamous "final caution" - and why it has to actually be final.
The company has adopted a progressive discipline policy to identify and address employee and employment
related problems. This policy applies to any and all employee conduct that the company, in its sole discretion,
determines must be addressed by discipline. Of course, no discipline policy can be expected to address each and
every situation requiring corrective action that may arise in the workplace. Therefore, the Company takes a
comprehensive approach regarding discipline and will attempt to consider all relevant factors before making
decisions regarding discipline.
Most often, employee conduct that warrants discipline results from unacceptable behavior, poor performance or
violation of the company’s policies, practices or procedures. However, discipline may be issued for conduct that
falls outside of those identified areas. Equally important, the company need not resort to progressive discipline, but
may take whatever action it deems necessary to address the issue at hand. This may mean that more or less
severe discipline is imposed in a given situation. Likewise, some company polices like sexual harassment and
attendance, contain specific discipline procedures.
Progressive discipline may be issued on employees even when the conduct that leads to more serious discipline is
not the same that resulted in less sever discipline. That is, violations of different rules shall be considered the same
as repeated violations of the same rule for purposes of progressive action.
Probationary employees are held to the highest standards for behavior and job performance. Progressive
discipline is the exception rather than the rule for probationary employees.
The Company will normally adhere to the following progressive disciplinary process:
1. Verbal Caution: An employee will be given a verbal caution when he or she engages in problematic behavior. As
the first step in the progressive discipline policy, a verbal caution is meant to alert the employee that a problem
may exist or that one has been identified, which must be addressed. Verbal warnings will be documented and
maintained by your [designate either appropriate individual (e.g., "your supervisor" or "your manager"]. A verbal
caution remains in effect for [specify time (e.g., three months)].
2. Verbal Warning: A verbal warning is more serious than a verbal caution. An employee will be given a verbal
warning when a problem is identified that justifies a verbal warning or the employee engages in unacceptable
behavior during the period a verbal caution is in effect. Verbal warnings are documented and placed in the
employee’s personnel file and will remain in effect for [specify time (e.g., three months)].
3. Written Warning: A written warning is more serious than a verbal warning. A written warning will be given when
an employee engages in conduct that justifies a written warning or the employee engages in unacceptable
behavior during the period that a verbal warning is in effect. Written warnings are maintained in an employee’s
personnel file and remains in effect for [specify time (e.g., three months)].
4. Suspension: A suspension without pay is more serious than a written warning. An employee will be suspended
when he or she engages in conduct that justifies a suspension or the employee engages in unacceptable behavior
during the period that a written warning is in effect. An employee's suspension will be documented and, regardless
of the length of the suspension issued, will remain in effect for [specify time (e.g., three months)].
5 Decision Making Leave : Generally following a suspension, an employee will be reprimanded them sent home for
the day on decision making leave. This is intended to help the employee decide whether they should continue
employment with the company. If the employee returns, they will be expected to work harder than before to follow
the Company guidelines and continue their employment without interruption. The other option with this leave is the
employee may choose to resign because employment with the Company is not a match.
6. Termination: An employee will be terminated when he or she engages in conduct that justifies termination or
does not correct the matter that resulted in less sever discipline.
Again, while the Company will generally take disciplinary action in a progressive manner, it reserves the right, in its
sole discretion, to decide whether and what disciplinary action will be taken in a given situation.
Policy Commentary
There is no one correct approach for handling employee discipline. Accordingly, like most personnel policies,
discipline policies vary greatly. Competing interests make it important for employers to analyze what they expect a
discipline policy to accomplish. Some employers adopt traditional progressive discipline or zero tolerance policies
because they are interested in identifying and eliminating the problem employee. Many employment lawyers favor
uniformly applied progressive discipline policies because they make a discrimination case easier to defend. These
policies, however, do not always protect an employer’s investment in its employees, nor does it necessarily foster
a positive working environment. Whether altruistic or not, some employers seek to assist employees who
experience workplace problems and tailor their discipline policy to achieve this goal. Alternate policies are
proposed.
There is no set number of steps for a progressive discipline policy. Typically there are at least three steps: caution,
warning & termination. Many polices provide for suspension prior to termination.
Regardless of an employer’s choice, a discipline policy should be clear and specific. Likewise, it must be uniformly
applied, particularly a progressive discipline policy. Thus, while a progressive discipline policy should allow for
employer discretion, employers that adopt such a policy should abide by its terms, except in those rare instances
that justify special treatment.
If 2010 proves typical, there will be over 100,000 lawsuits and claims filed against
employers in the US and the average cost to defend a wrongful discharge suit will be
above $150,000.
Dealing with employee disciplinary issues is not pleasant for any manager or business
owner. It is, however, important. A common complaint of top performing employees is
that underperforming employees are not dealt with promptly and firmly. Yet, to avoid
lawsuits and discrimination claims, disciplinary issues need to be handled carefully and
correctly.
First, make sure that your employee handbook, policies and procedures do not erode your
employment at will status. The courts are increasingly ruling that handbooks and other
official communications are implied agreements.
Second, work on preventing the need for discipline. Hire hard, slow and for fit with your
organization, which will reduce both costly turnover and the need for employee
discipline. Make expectations clear before hiring, during orientation and then give staff
regular feedback. Most employees want to do a good job, so tell them what a good job is
in terms of duties and behaviors.
Deal with employee disciplinary matters right away. Deal with the matter privately and
confidentially. In addressing the matter with the employee, focus on the action, not the
employee (attack the performance not the performer). And focus on specific, observable
behaviors not general issues, like ‘team play’ or ‘attitude’. Allow the employee to explain
his/her side (due process) and keep an open mind. Make sure you document such
conversations and actions thoroughly and factually (no suppositions). Write as though it
may see the light of day- it might! Personnel files and supervisory notes are discoverable.
Remember that discipline in the workplace is about compliance, not punishment.
Discipline when an employee does not meet productivity, quality and conduct standards.
If you must terminate, do it as humanely as possible. Taking the job is one thing; taking
one’s dignity is another and often is what precipitates lawsuits and claims. Consider
separation agreements. Done properly, it assures the employer will stay out of court and
helps the terminated employee get on with their life.
Tip # 4 - Prevention
You need to hold regular meetings to address some of the issues that
you may be noticing within the organization. Let your employees know
what behaviors are acceptable and which ones are inexcusable. Give
each employee a copy of your performance and behavioral policies and
email it to them as well. Ask your employees to read over these
policies, sign a contract paper that states they agree to the terms and
disciplinary action of the policy if they are caught violating the policy.
Good documentation is important to protect yourself and the business.
When you are firm about the policy, your employees will take it
seriously. If you notice they are starting to walk a thin line between
the policy and going over the edge, call them into your office and try
to help them quickly correct the action before they end up facing
punishment.
Tip # 5 - Be firm
Since you are the manager, you need to be firm. You don't have to
rule your staff with an iron fist, but they do need to know who is in
charge of the and they need to fear violating the policy.
The maintenance of harmonious industrial relations within an industry depends on the extent of
promotion and maintenance of discipline in the organizations. No organizations can grow and
prosper without effective disciplinary system. Discipline on account of employees means
complying with the predefined rules and regulations of the organization. It is a form of training
that enforces organizational rules. Conduct problems arise from the employees who fail to
follow the code of conduct of the organization. These employees are most often affected by the
disciplinary system of the organization. Such employees are often called problem employees.
The problem employees comprise a small number of employees, but they are the ones who
cause the most disciplinary situations.
If employers fail to deal with problem employees, negative effects on other employees and work
groups may result. Some common disciplinary issues caused by problem employees include
absenteeism, tardiness, productivity deficiencies, pilfering, alcoholism, insubordination, misuse
of equipments and other company resources, and negligence. The goal of discipline is behavior
modification, that is, to modify unacceptable behavior and misconduct.
The Disciplinary System
About IBM
IBM India - A Profile
IBM has been present in India since 1992 (re-entry, after an exit in the 1970s). Since
inception, IBM in India has expanded its operations considerably with regional
headquarters in Bangalore and offices in 14 cities including regional offices in New
Delhi, Mumbai, Kolkata and Chennai. Today, the company has established itself as one
of the leaders in the Indian Information Technology (IT) Industry.
IBM has set the agenda for the industry with 'on demand business' - a kind of
transformation where an organisation changes the way it operates and reduces costs;
serving customers better, reducing risks and improving speed and agility in the
marketplace. IBM is already working with customers to transform them into 'on demand'
businesses. IBM is the only company in the world that offers end-to-end solutions to the
customers from hardware to software, services and consulting. Linux support further
enhances IBM's e-business infrastructure enabler capability.
Our offerings: IBM is the only IT company in the world and also in India that offers
end-to-end solutions to customers from hardware to software, services and consulting.
IBM Global Services is the world's and also India's largest information technology
services and consulting provider. IGS provides the entire spectrum of customers' e-
business needs -- from the business transformation and industry expertise of IBM
Business Consulting Services to hosting, infrastructure, technology design and training
services. IGS delivers integrated, flexible and resilient processes -- across companies and
through business partners -- that enable customers to maximise the opportunities of an
on-demand business environment.
Software Group the largest provider of middleware and the second-largest software
business in the world offers its customers comprehensive solutions to meet their e-
business requirements. IBM Software provides best-of-breed solutions for financial
services, manufacturing, process, distribution, government, infrastructure and small &
medium business sectors. IBM Software portfolio consists of:
- Transformation and integration solutions that are built on the IBM WebSphere
middleware platform.
- Information leveraging solutions that are built on a portfolio of Data management
(DB2) tools.
- Lotus product line to help organisations leverage collective know-how.
- Tivoli range of products to enable organisations to manage complex technological
infrastructure.
- Rational range of Application Development Tools to help software development
houses develop applications in a structured and systematic way.
Systems and Technology Group: The portfolio of eServers (xSeries, iSeries, pSeries,
and zSeries) offer a broad range of products from entry level, mid-range to high-end
servers and mainframes, presenting customers with the best technologies and practices to
support their e-business infrastructure requirements.
IBM has been providing leading-edge storage technology to organisations around the
world for nearly half a century. IBM offers a complete portfolio of storage networking
products and solutions that not only includes LTO, SAN, NAS but also IP Storage -
iSCSI appliances and gateways.
IBM's Personal Computing Division was acquired this year by Lenovo Group Limited,
the leading Personal Computer brand in Asia. Lenovo will continue to be the preferred
supplier of PCs to IBM and IBM will provide service and support for 5 years to Lenovo
PCs.
IBM Global Financing provides flexible and attractive financing and leasing programs
to fund Information Technology (IT) requirements of Indian customers. IGF helps
customers through greater access to the hardware, software, solutions and services
essential to compete in the global marketplace.
Customers can buy IBM products from its Business Partners. Also, IBM makes available
its range of 'Think' offerings and xSeries eServers through ShopIBM
(http://www.ibm.com/shop/in), an online product store.
India is an important market for IBM and the company has been making significant
investments from time to time.
IBM Innovation Center for Business Partners: (One among 10 facilities worldwide)
Independent Software Vendors are encouraged to port their solutions on IBM platforms
at this Center and develop Web based applications for Indian customers.
Linux Solution Center, Bangalore: (One among 7 facilities worldwide) The center
supports Business Partners and Independent Service vendors across the ASEAN / South
Asia region.
IBM Linux Competency Center, Bangalore: (One among only 4 facilities in Asia) This
center develops standards and embedded software for open source, undertaking high-end
research in the area for IBM Worldwide.
India Software Lab at Bangalore and Pune: The Software Lab in India develops,
enhances and supports key IBM Software products & technologies in collaboration with
other IBM labs world wide. Center for Advanced Studies at Bangalore was established at
the India Software Labs to allow universities access to IBM's leading-edge product
development and the supporting infrastructure, while IBM has the opportunity to work
with academic leaders and researchers on research projects.
India Research Laboratory , Delhi: (One among 8 facilities worldwide) IBM's India
Research Laboratory (IRL) focuses on areas critical to expanding the country's
technological infrastructure. It also has significant initiatives in Services and Sciences,
Information Management, User Interaction Technologies, e-Commerce, Life Sciences,
Distributed Computing and Software Engineering. Currently, IRL researchers are
working on several projects like bioinformatics, text mining, speech recognition for
Indian languages, natural language processing, grid computing, and autonomic
computing, among others.
IBM also set up its Global Delivery Centres at Bangalore, Pune, Gurgaon and
Kolkata. They deliver "best-of-breed" technology solutions to IBM customers worldwide
covering middleware, e-business technologies, enterprise and web technologies, data
warehousing across functional areas like Supply Chain Operation Services, Financial
Management Services, Human Resource Services, Customer Relationship Management,
e-Business Integration, Application Management Services.
Global Business Solution Center in Bangalore - IBM further expanded its global
consulting delivery capabilities with the establishment of a first-of-a-kind Global
Business Solution Center. The center will allow IBM's more than 60,000 consultants to
collaborate and deploy reusable tools and assets in 55 key business areas such as
Consumer Driven Supply Chain Optimisation, Banking Risk and Compliance and
Product Lifecycle Management.
With the acquisition of Daksh eServices, one of Asia's leading business services
providers, with service delivery centers in India and Philippines, IBM further enhanced
the BTO service capability. With Daksh, IBM adds banking, insurance, retail, hi-tech
telecommunications and travel verticals to BTO India’s service capabilities.
Partnering India
IBM shares the belief that India can unleash its true potential only through making IT
available to and usable for large numbers of people. IBM's Community initiatives focus
on education and children and leverage its expertise in technology to address societal
issues. IBM has partnering relationships in India with a number of educational
institutions. IBM has also set up an IT Center in Mumbai in association with Victoria
Memorial School for the Blind to impart IT education to visually impaired people. IBM
KidSmart Early Learning program was launched to further strengthen IBM’s
commitment to community in India. This is the only program in India aimed at
introducing technology at the pre-school level in disadvantaged sections of society to get
a head start on their academic development through the use of age-appropriate software
developed by IBM. Tryscience is another community related programme launched, which
reinvents science learning, recreates the interactive experience of onsite visits, and
provides science projects as well as multimedia adventure field trips for museum visitors
- primarily children, their parents and teachers.
In his 30 years of experience Mr. Annaswamy has held various senior management
positions in world renowned corporations, covering areas such as product management,
project management, manufacturing operations, quality and profit & loss responsibility.
Prior to joining IBM, he was the President and Chief Executive Officer for GE Medical
Systems, South Asia, and Managing Director, Wipro-GE Medical Systems. He also held
the position of Adviser with the Ministry of Health, Sultanate of Oman, for a period of
three years in the mid-1990s. Mr. Annaswamy began his career with Philips Medical
Systems.
Mr. Annaswamy has held leadership roles in a number of industry forums. He currently
serves as the Chair of the Confederation of Indian Industry’s (CII) National Committee
on Intellectual Property Owners, a role he has held since 2007. Mr. Annaswamy was an
elected member of Nasscom's Executive Council from 2004-2008. He also served as the
Co-chair of CII’s advisory committee on its National Innovation Mission. In 2009,
BusinessWeek listed Mr. Annaswamy among India’s 50 Most Powerful People.
Under Mr. Annaswamy’s leadership, IBM in India/South Asia has earned appreciation
from a wide variety of government and industry bodies for its progressive employment
practices and market leadership. Recent recognition includes the 2008 National Award
for the “Best Employer of People with Disabilities” from the Vice President of India. In
2007, IBM India received recognition as the overall best company from the Indo
American Chamber of Commerce.
SAIL's wide range of long and flat steel products are much in demand in the domestic as well as the
international market. This vital responsibility is carried out by SAIL's own Central Marketing Organisation
(CMO) that transacts business through its network of 37 Branch Sales Offices spread across the four
regions, 25 Departmental Warehouses, 42 Consignment Agents and 27 Customer Contact Offices.
CMO’s domestic marketing effort is supplemented by its ever widening network of rural dealers who meet
the demands of the smallest customers in the remotest corners of the country. With the total number of
dealers over 2000 , SAIL's wide marketing spread ensures availability of quality steel in virtually all the
districts of the country.
SAIL's International Trade Division ( ITD), in New Delhi- an ISO 9001:2000 accredited unit of CMO,
undertakes exports of Mild Steel products and Pig Iron from SAIL’s five integrated steel plants.
With technical and managerial expertise and know-how in steel making gained over four decades, SAIL's
Consultancy Division (SAILCON) at New Delhi offers services and consultancy to clients world-wide.
SAIL has a well-equipped Research and Development Centre for Iron and Steel (RDCIS) at Ranchi which
helps to produce quality steel and develop new technologies for the steel industry. Besides, SAIL has its
own in-house Centre for Engineering and Technology (CET), Management Training Institute (MTI) and
Safety Organisation at Ranchi. Our captive mines are under the control of the Raw Materials Division in
Kolkata. The Environment Management Division and Growth Division of SAIL operate from their
headquarters in Kolkata. Almost all our plants and major units are ISO Certified.
Major Units
• Maharashtra
Elektrosmel
t Limited
(MEL) in
Maharashtra
Click here for further details
Joint Ventures
• NTPC SAIL Power Company Pvt. Ltd (NSPCL)
A 50:50 joint venture between Steel Authority of India Ltd. (SAIL) and National
Thermal Power Corporation Ltd. (NTPC Ltd.); manages the captive power plants at
Rourkela, Durgapur and Bhilai with a combined capacity of 314 megawatts (MW). It
has installed additional capacity by implementation of 500 MW (2 x 250 MW Units)
power plant at Bhilai. The commercial generation of 1st Unit has commenced in
April’2009 and the 2nd Unit in October 2009
The Government of India owns about 86% of SAIL's equity and retains voting control of the Company.
However, SAIL, by virtue of its ‘Maharatna’ status, enjoys significant operational and financial autonomy
The Precursor
SAIL traces its origin to the formative years of an emerging nation - India. After independence the
builders of modern India worked with a vision - to lay the infrastructure for rapid industrialisaton of the
country. The steel sector was to propel the economic growth. Hindustan Steel Private Limited was
set up on January 19, 1954.
Hindustan Steel (HSL) was initially designed to manage only one plant that was coming up at
Rourkela. For Bhilai and Durgapur Steel Plants, the preliminary work was done by the Iron and Steel
Ministry. From April 1957, the supervision and control of these two steel plants were also transferred
to Hindustan Steel. The registered office was originally in New Delhi. It moved to Calcutta in July
1956, and ultimately to Ranchi in December 1959.
The 1 MT phases of Bhilai and Rourkela Steel Plants were completed by the end of December 1961.
The 1 MT phase of Durgapur Steel Plant was completed in January 1962 after commissioning of the
Wheel and Axle plant. The crude steel production of HSL went up from .158 MT (1959-60) to 1.6 MT.
A new steel company, Bokaro Steel Limited, was incorporated in January 1964 to construct and
operate the steel plant at Bokaro.The second phase of Bhilai Steel Plant was completed in
September 1967 after commissioning of the Wire Rod Mill. The last unit of the 1.8 MT phase of
Rourkela - the Tandem Mill - was commissioned in February 1968, and the 1.6 MT stage of
Durgapur Steel Plant was completed in August 1969 after commissioning of the Furnace in SMS.
Thus, with the completion of the 2.5 MT stage at Bhilai, 1.8 MT at Rourkela and 1.6 MT at Durgapur,
the total crude steel production capacity of HSL was raised to 3.7 MT in 1968-69 and subsequently
to 4MT in 1972-73.
Holding Company
The Ministry of Steel and Mines drafted a policy statement to evolve a new model for managing
industry. The policy statement was presented to the Parliament on December 2, 1972. On this basis
the concept of creating a holding company to manage inputs and outputs under one umbrella was
mooted. This led to the formation of Steel Authority of India Ltd. The company, incorporated on
January 24, 1973 with an authorized capital of Rs. 2000 crore, was made responsible for managing
five integrated steel plants at Bhilai, Bokaro, Durgapur, Rourkela and Burnpur, the Alloy Steel Plant
and the Salem Steel Plant. In 1978 SAIL was restructured as an operating company.
Since its inception, SAIL has been instrumental in laying a sound infrastructure for the industrial
development of the country. Besides, it has immensely contributed to the development of technical
and managerial expertise. It has triggered the secondary and tertiary waves of economic growth by
continuously providing the inputs for the consuming industry
The statutory procedures for handling discipline and grievance issues introduced in October 2004
were widely criticised and were repealed in their entirety with effect from 6 April 2009. (Those in
Northern Ireland should note that the Employment Act 2008, which repealed th statutory procedures, is
not applicable there - the Department for Employment and Learning has published detailed guidance -
see Useful contacts below).
From 6 April 2009 the important provisions governing discipline and grievances at work are to be
found in:
Numerous other pieces of legislation cross refer to discipline and grievance issues. Some important
examples include the:
Our factsheet for CIPD members outlines the key changes from April 2009.
• Go to our Discipline and grievance procedures: key changes factsheet
Employers’ own disciplinary, grievance and dismissal procedures and the Acas Code of Practice are
essential to ensure that good dispute handling behaviour is adopted.
The Acas Code of Practice Disciplinary and Grievance Procedures was revised to reflect the removal
of the statutory procedures and a new version1 came into force on 6 April 2009. CIPD endorses the
Code. Following it is crucially important for employers: an employment tribunal will consider whether
the employer has followed the Code and, if they have not, then the tribunal may adjust any awards
made by up to 25% for unreasonable failure to comply.
In situations where the trigger event occurs on or after 6 April 2009, an employment tribunal will
consider whether the employer has followed the Acas Code and, if they have not, then the tribunal
may adjust any awards made by up to 25% for unreasonable failure to comply.
CIPD members can find out more on the content of the Code, the legal aspects of this topic and likely
future developments from our FAQ on Discipline and grievances procedures in the Employment Law at
Work area of our website.
There are two main areas where a disciplinary system may be used: capability/performance and
conduct.
Capability/performance
It is inevitable that at some stage all employers will encounter difficulties with the performance of their
employees in the workplace. Many employers will have a specific capability procedure to deal with
such matters. It is good practice and also more efficient that such issues are addressed informally, as
and when they arise. Only when informal options have been exhausted and where there is no
alternative should managers enter a more formal disciplinary or capability procedure.
Situations where an individual is unable to do their job because of ill-health may also fall into this
category. In these instances an employee should be dealt with sympathetically and offered support.
However, unacceptable levels of absence could still result in the employer making use of warnings.
See our factsheet on absence management for more information.
Conduct
Employee misconduct could range from continued lateness, failure to follow a reasonable
management instruction, abuse of the organisation’s computer system or Internet access, bullying
behaviour or creating a hostile work environment, through to theft, fighting and committing criminal
offences. The more grave offences may constitute gross misconduct. In all cases, even gross
misconduct, an employer should attempt to follow the recommendations in the Acas Code.
Stages of the process
• letter
• meeting
• appeal.
There must always be a full and fair investigation to determine the facts and to decide if further action
is necessary. The new Acas Code recommends at least these three steps in the majority of cases.
However, in some cases a second meeting stage may be appropriate.
Record-keeping
All records should be kept meticulously, as this will be vital should a case be taken to an employment
tribunal. The type of records that should be kept by employers are minutes of meetings, emails,
attendance notes, notes of telephone calls, copies of correspondence etc.
All line managers should be trained and supported so that they are able to carry out disciplinary
meetings with their team. The HR department should be able to assist them by providing a source of
advice on preparing for and conducting the interview and relevant legislation.
• Ensure all the facts are investigated in advance (including consulting the individual’s personal
file for relevant information) and plan how the meeting is to be approached.
• Make sure the employee knows from the letter inviting them to the meeting why they have
been asked to attend and that they have a right to have a companion present.
• Make sure the individual has reasonable notice, ideally more than 72 hours, and that they
have a chance to arrange an appropriate representative if they wish.
• Provide appropriate statements from people involved in advance of the meeting, together with
any key information you intend to rely on.
• Make sure another member of management can be there to take detailed notes and help
conduct the interview.
• Never pre-judge the outcome of the interview before hearing the employee's perspective.
• Start the interview by stating the complaint to the employee and referring to appropriate
statements from people involved.
• Give the employee ample opportunity to put forward their side of the story and call any
supporting witnesses.
• Employers can also call witnesses, but they can only be in the room for the relevant part of
the interview – not the duration.
• Make use of adjournments: always take a break to consider and obtain any extra information
you need before reaching your decision. You can also take breaks if things become heated or
people are upset during the interview.
• Deliver the decision (and give reasons, taking into account any mitigating circumstances),
confirm review periods and ensure you give details of how to appeal.
• Confirm the decision in writing.
• It is important that everyone involved in disciplinary action understand the importance of
following the correct procedure, as even if the case against an employee seems proven, they
can still be deemed to have been treated unfairly if the correct procedures are not followed.
An individual is entitled to be accompanied by a work colleague or trade union official at formal
disciplinary and grievance interviews. It would be good practice for an employer also to offer this at
any purely investigatory meeting. Employers do not have to allow other companions (for example
family members or lawyers) but may do so if they wish.
Potential outcomes
No action
After the meeting, the employer may decide that no action is necessary. For example, if an employee
was unclear about what was expected from them and they agree to try to resolve the issue via
additional support or counselling.
Warnings
Alternatively, the employer may decide to give the employee a warning. An organisation’s policy
should outline exactly what warnings will be given, but the following are examples of warnings and
organisation may use:
• verbal/ oral warning (Acas no longer recommends this stage as part of a formal procedure,
but for cases of minor misconduct this will often be a reasonable method to prevent a problem
escalating.)
• first written warning/improvement notice
• final written warning.
Employers should specific a ‘life’ for formal disciplinary warnings after which they are disregarded for
disciplinary purposes. Typical timescales suggested in the Acas non statutory guidance for the types of
warning are:
It may be appropriate for a warning to continue to be regarded for a longer period, provided the
timescale was specified in the organisation's disciplinary policy from the outset. The time period
employers select for warnings to remain current, and the penalties imposed, must be reasonable in all
the circumstances. For example, they must take into account the nature of the misconduct, the
employee's disciplinary record and be consistent with penalties imposed in similar cases. .
Dismissal
There are currently six potentially fair reasons for dismissal. These are given in our dismissal
factsheet.
Employers need to be sure that any decision to dismiss an employee will be seen as ‘reasonable’ by
an employment tribunal. The employer must follow the Acas Code prior to any dismissal and also have
been fair overall, for example by complying with internal procedures, treating employees consistently
and carrying out a proper investigation.
CIPD members can find out more from our FAQs on unfair dismissal and wrongful dismissal in the
Employment Law at Work area of our website.
It is essential that grievances from employees are treated in the same fair manner and all line and
senior managers must be familiar with their organisation's grievance procedure.
There are a number of additional factors to bear in mind when dealing with grievances concerning
harassment. For further details see our factsheet on bullying and harassment in the workplace.
Individuals should be encouraged to discuss ordinary, day-to-day issues informally with their line
manager. This helps concerns to be heard and responded to as soon as possible.
Where this has been unsuccessful, or circumstances make this route inappropriate, employers should
consider using mediation - more information can be found in our factsheet on that topic.
If matters remain unresolved, they should be raised formally through the grievance procedure.
Employees should also be aware of the formal route open to them, including:
• the three stages of the statutory procedure and any further elements of the organisation’s
additional procedures
• with whom to raise the complaint and appropriate sources of support
• timescales within which the organisation will seek to deal with the complaint
• details of the stages of the grievance procedure, for example, how a complaint may be raised
with the next level of management if a satisfactory resolution is not reached.
As in disciplinary matters, record keeping is important and the Acas Code should be followed.
CIPD viewpoint
Ensuring that people are treated fairly and enabling them to work in a non-hostile environment are
important factors in the creation of a productive working environment. The CIPD believes that where
possible employers and employees should seek to resolve most matters that arise in the course of the
working relationship informally. This approach helps minor concerns to be resolved speedily without
the need to take recourse to formal action. It also limits disruption to work and reduces any personal
embarrassment in discussing issues of concern.
Disciplinary and grievance procedures are essential when informal mechanisms are ineffective, or
where they are inappropriate given the nature of the issue arising. These procedures can also help
prevent unnecessary staff turnover and absenteeism, as well as avoiding costly and time-consuming
tribunal cases.
It is essential that those implementing these procedures have the necessary training and guidance to
do so, in line not just with minimum legal obligations but also with the principles of fairness and natural
justice reflected in the Acas Code.