DISCIPLINARY PROCEDURE

 

It is Athlone Regional Sports Centres policy to provide the best possible standards of pay, benefits and conditions of employment.  In return, employees are expected to contribute high standards of workmanship, attendance, co-operation and acceptable levels of productivity. 

 

The Unfair Dismissals Acts, 1977 – 2001 set out various grounds of dismissal, which, if properly established, will be held to be fair if it results wholly or mainly from one or more of the following:

 

• Capability,
• competence or qualifications of the employee
• Conduct
• Redundancy
• Due to a restriction imposed by or under any statute

 

 

Capability

Athlone Regional Sports Centre has the reasonable expectation that employees attend work on a regular basis. 

Capability concerns external factors impeding employees in the proper performance of their work.  Dismissals for lack of capability usually relate to problems the employee has in relation to attendance at work.  Thus, employees who fail to attend work regularly, who are persistently late, or who are absent for long periods may be regarded as being incapable of performing the work they were employed to do.

In cases of illness-related absence, while the company request the employee to provide a medical certificate after the first 3 days of absence and on a weekly basis thereafter, the provision of a medical certificate will not generally protect an employee against dismissal.  Dismissals for lack of capability may occur as a result of persistent short-term absences or for long-term absence.

 

Short-term absenteeism

Disciplinary action up to and including dismissal for persistent short-term absenteeism may be taken where;

• An employee has a continuing pattern of absence over a protracted period
• it was reasonable to conclude that the position would not improve substantially or at all
• The continuation of that level of absenteeism was unacceptable
• The situation is causing major problems for the company.
• Adequate warnings of the consequences of continuation would be given to the employee.

 

Long-term absence

Where an employee is absent from work for a prolonged period, the company may be justified in terminating the contract of employment. The considerations, which apply in such cases, include the following:

1. Whether or not the continuing absences poses actual or potential problems for the Company.
2. Whether or not there is any reasonable prospect of an early return to work.

 

 

 

 

 

In general, the assessment of when the employee may be in a position to return to work is one, which would be on the basis of an up-to-date medical opinion.

 

Employees who are absent from work are required to maintain regular written contact with the company with regard to their condition.  It is essential to establish the likely duration of the absence and the return to work date.

 

Athlone Regional Sports Centre reserves the right to refer an employee who is absent from work to a medical doctor or specialist at any stage.  Any such referrals will be discussed with the employee in advance.  Failure to attend may result in disciplinary action.

 

 

Competence and Qualifications

Dismissals for competence would normally relate to an employee’s inherent ability to perform their work well or adequately.  This will relate to the work which an employee is required to do.  Where an employee is given a warning regarding their work performance, reasonable time for improvement will also be given.

 

Conduct

Dismissals resulting from conduct of an employee can arise from a wide variety of situations.  The disciplinary procedure will be used where breaches of standards occur e.g. lateness.  In cases on Gross misconduct (examples below) where the offence is so serious that dismissal is the only appropriate sanction an employee whom following an investigation is found guilty will be dismissed without notice.

 

Redundancy

A dismissal by reason of redundancy will not be unfair where a genuine redundancy situation exists as per the Redundancy Acts 1967-2003, the dismissals result wholly or mainly from the redundancy and the person/persons selected was fairly chosen.

 

Informal Counselling

In cases on minor infringements, the employee will initially be informally spoken to by his/her immediate Manager and be given guidance on improvements required, which will be recorded on the employee’s personnel record.  At this stage the employee will be made aware of the disciplinary procedure to ensure he/she is aware of it, understands it clearly and its consequences.  If necessary a copy of the disciplinary procedure will be given to the employee

 

Disciplinary Procedure

Where an employee’s conduct, attendance or performance warrants disciplinary action and informal counselling fails to resolve the problem, the following disciplinary procedures will apply, (except in cases of gross misconduct attracting summary dismissal).

 

1. Formal verbal warning

• In the event of a breach of conduct, poor attendance or lapse from performance, adequate notice will be given; a meeting will be arranged with the employee who will be clearly informed that it is a disciplinary meeting.

 

• During the meeting the Duty Manager or General Manager will state clearly the nature of the lapse in work performance or alleged offence, the time and place where it is alleged to have occurred and the extent to which the offence is considered to be serious. The employee will be advised on what improvements need to be made, with an agreed timescale to improve.

 

• During the meeting the employee is entitled to respond to the alleged breach in conduct or work performance and have representation of their choosing at the meeting. The employee and his/her representative’s response will be considered carefully before any decision on disciplinary action is made.

 

• If a formal verbal warning is warranted, the employee will be given a formal verbal warning by the relevant Duty Manager or General Manager. It will clearly inform the staff member concerned of the standard/conduct he/she is failing to achieve, stating clearly that this is a warning and that repetition could result in further disciplinary action.

 

• This warning will be recorded on the employees’ personnel record and a copy will be given to the staff member. This formal verbal warning will be active on the employee’s file for 6 months. 

 

• Subject to satisfactory service, the verbal warning will cease to have effect following the expiry of the 6 months and a note to that effect will be placed on the employee’s personnel file.

 

2. First written warning

• If the staff members performance or conduct remains less than satisfactory in relation to that agreed at stage 1, or there is a further breach of conduct, poor attendance or lapse from performance, adequate notice will be given and a meeting will be arranged between the relevant Duty Manager or General Manager or both and the employee who will be clearly informed that it is a disciplinary meeting.

 

• During the meeting the Duty Manager or General Manager will state clearly the nature of the lapse in work performance or alleged offence, the time and place where it is alleged to have occurred and the extent to which the offence is considered to be serious. The employee will be advised on what improvements need to be made, with an agreed timescale to improve.

 

• During the meeting the employee is entitled to respond to the alleged breach of conduct or work performance and have representation of their choosing at the meeting. The employee and his/her representative’s response will be considered carefully before any decision on disciplinary action is made.

 

 

 

 

 

 

 

 

 

• If a first written warning is warranted, A letter signed by the Duty Manager or General Manager will be issued to the employee containing the following information:
• Facts surrounding the misconduct or work standards not achieved;
• Details of previous meetings;
• Statement that the written warning constitutes disciplinary action and failure to achieve the required standards will result in further disciplinary action.

A copy of this written warning will be placed on his/her personal file. This first written warning will be active on the employee’s file for 9 months.

 

• Subject to satisfactory service a written warning will cease to have effect after 9 months and a note to that effect will be placed on the employee’s personnel file.

 

3. Final Written Warning

• In the event of a further breach of conduct, poor attendance or lapse from performance or if there is no improvement in the staff members conduct or work performance, adequate notice will be given a meeting will be arranged between the relevant Duty Manager or General Manager or both and the employee who will be clearly informed that it is a disciplinary meeting.

 

• During the meeting the Duty Manager or General Manager will state clearly the nature of the lapse in work performance or alleged offence, the time and place where it is alleged to have occurred and the extent to which the offence is considered to be serious. The employee will be advised on what improvements need to be made, with an agreed timescale to improve.

 

• During the meeting the employee is entitled to respond to the alleged breach of conduct or work performance and have representation of their choosing at the meeting. The employee and his/her representative’s response will be considered carefully before any decision on disciplinary action is made.

 

• If a final written warning is warranted, A final letter of warning, signed by the Duty Manager/General Manager will be issued to the staff member making it clear that his/her employment may be terminated if there is no improvement in conduct or performance. A copy of this final written warning will be placed on his/her personal file. The final written warning will be active on the employee’s file for 15 months.

 

• Subject to satisfactory service a final written warning will cease to have effect after 15 months and a note to that effect will be placed on the employee’s personnel file.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4. Suspension/Dismissal

• If, following a final written warning an employee is guilty of further breaches of conduct or the staff members conduct or performance still fails to improve; the employee may be suspended with pay pending an investigation of the employees conduct.

 

• Adequate notice will be given, a meeting will be arranged between the relevant Duty Manager or General Manager or both and the employee who will be clearly informed that it is a disciplinary meeting.

 

• During the meeting the Duty Manager or General Manager will state clearly the nature of the lapse in work performance or alleged offence, the time and place where it is alleged to have occurred and the extent to which the offence is considered to be serious.

 

• During the meeting the employee is entitled to respond to the alleged breach of conduct or work performance and have representation of their choosing at the meeting. The employee and his/her representative’s response will be considered carefully before any decision on dismissal is made.

 

• During the course of the investigation, the staff member concerned has the right to have all allegations brought to his/her attention and he/she has the right to respond to the allegations.

 

• The decision to recommend dismissal to the General Manager may be made by the appropriate Duty Manager or by the General Manager himself.

 

• The decision will be confirmed to the employee in writing. This letter will be signed by the Duty Manager or General Manager will be issued to the employee containing the following information:
• Facts surrounding the misconduct or work standards not achieved;
• Details of previous meetings;
• Details of the appeal procedure

 

Disciplinary Process

• In general the steps in the procedure will be progressive, e.g. formal verbal warning, first written warning, final verbal warning suspension and dismissal. (However for example, for more serious offences a written warning may be issued as a first stage in the procedure and for a proven gross misconduct offence dismissal without notice may be recommended.)

 

• Records will be kept of all verbal and written warnings. These records will be kept confidential.

 

• Warnings will cease to have effect following the specified period of satisfactory conduct and will be disregarded for future disciplinary purposes. However, if while on a warning an employee is guilty of further breach of discipline, the new warning will start to take effect after the previous warning expires.  

 

 

 

 

 

 

 

 

• There may be occasions where a staff member’s conduct is satisfactory throughout the period the warning is in force only to lapse very soon thereafter. Where a pattern of such conduct emerges and there is evidence of an undermining of the disciplinary process, the staff members previous disciplinary record may be borne in mind in determining the length of any future warnings,

 

 

• The following are examples of offences, which will result in disciplinary action being taken against an employee up to and including dismissal:
• Consistent lateness
• Breach of contract of employment terms
• Failure to carry out reasonable instructions
• Failure to perform the job function to a competent level

 

The above points are examples only and are not exclusive.  In the event of any disciplinary action been taken against an employee, management undertake to outline clearly the offence for which the employee is being accused of and to operate these procedures under the laws of natural justice. In conducting any investigation, management will investigate the facts of the case interviewing witnesses and gathering relevant information.  Management reserve the right to utilise the company’s CCTV footage as part of any disciplinary investigation

 

 

The procedure complies with the general principles of natural justice and fair procedures, which include:

• The staff member must be presented with the case against him/her;
• he/she must be allowed to be represented and given the opportunity of representation;
• he/she must be permitted – and allowed an opportunity to state his/her own case;
• The staff member concerned has the right to a fair and impartial examination of the issues being investigated, taking into account the allegations or complaints themselves, the response of the staff member concerned to them, any representations made by or on behalf of the staff member concerned and any other relevant or appropriate evidence, factors or circumstances.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gross Misconduct

If an employee is found after investigation to be guilty of gross misconduct he/she will be formally dismissed (i.e. without notice).

 

Acts, which constitute gross misconduct, are those resulting in a serious breach of contractual terms and might include the following; (this is not an exhaustive list).

 

• Theft, fraud and deliberate falsification of records;
• Physical violence, serious sexual harassment and bullying;
• Dishonesty, breaches of trust
• Deliberate damage to property;
• Serious insubordination;
• Misuse of Athlone Regional Sports Centre’s property or name;
• Bringing Athlone Regional Sports Centre into disrepute;
• Serious incapability whilst on duty brought on by alcohol or illegal drug abuse;
• Serious negligence which causes or might cause unacceptable loss, damage or injury;
• Serious infringement of health and safety rules.
• Persistent failure or refusal following warning to carry out duties as set out in the Terms and Conditions of Employment, or reasonable instructions from the Managers.
• Persistent poor time keeping or absence from work.
• Disclosure of confidential information or documents unless authorised to do so.
• Violence, threatening or grossly offensive behaviour towards another employee, a customer or a member of the public.
• An act that endangers the safety of others.
• Falsification of expense claims or timesheets.
• False declarations on any of the Company’s forms or documentation.
• Breach of Money Laundering procedures.
• Theft or larceny or aiding or abetting a theft or larceny to take place.
• Breach of the Company’s Security Policy and procedures.
• Deliberate damage to or unauthorised malicious interference with the Company’s property.
• Smoking in forbidden areas.
• Forging or creating false records.
• Unauthorised use of the Company’s stationary or good name.

 

 

gROSS mISCONDUCT

 

• In cases of gross misconduct stages 1-4 above do not normally apply and a staff member may be formally dismissed without recourse to the previous stages or without notice.

 

• If there is an allegation of gross misconduct, the staff member will be suspended with pay pending the outcome of an investigation into the alleged breach of discipline.

 

• During the course of the investigation, the staff member concerned has the right to have all allegations brought to his/her attention and he/she has the right to respond to the allegations. If the investigation upholds a case of gross misconduct, the normal consequences will be dismissal. 

 

• The decision to recommend dismissal will be confirmed to the staff member in writing. This letter will also include details of the grounds surrounding the gross misconduct and the appeal procedure.

 

 

 

 

Investigations

Where there is an allegation of Gross misconduct the following applies:

• The staff member is interviewed by management, presented with the charge, given an opportunity to respond and then suspended pending completion of the investigation.
• The management will then conduct a full and objective investigation into the facts of the case, interview witnesses and gather evidence.
• The staff member is then be interviewed a second time, presented with a summary of the evidence and again be given an opportunity to reply.
• It is on the basis of the totality of this evidence that management will decide whether or not to dismiss. This decision will not be taken during or at the end of the disciplinary meeting.  Management will allow itself the opportunity to ponder the evidence further and then convey its decision as soon as possible.
• During the course of the investigation the employee will be entitled to have representation of their choosing at the meetings with management.

 

 

 

Representation

It is agreed that at all stages above an employee shall at all times have the right to representation of their choosing in any disciplinary discussion with management.

 

DISCIPLINARY APPEAL PROCEDURE

An employee has the right of appeal.  An appeal will normally be made to the next management level above that which the disciplinary decision was taken or to an agreed independent 3^rd party in the event that the company General Manager has dealt with the matter.  Appeals must be made in writing to the General Manager within 5 working days of the disciplinary decision being communicated to the employee.