Do you feel the requirements Management must provide to support their disciplina

Question

Do you feel the requirements Management must provide to support their disciplinary action towards an employee are excessive?

No requirements are not excessive as the management in any company has a responsibility to ensure that its employees and any other persons working with the Department (including contractors and volunteers) maintain high standards of conduct and performance. The Department is committed to a high performing workforce and to providing safe and supportive work environments where excellence is pursued, underperformance is managed, diversity is valued and everyone is treated with respect, fairness and dignity. Discrimination, sexual and other forms of harassment, bullying, violence and threatening behaviour are unacceptable.

Fairness for all

In the management of complaints, misconduct and unsatisfactory performance matters, the principles of natural justice must be observed as required. The Guidelines incorporate these principles and include the following

the right of an employee to know the allegation(s) being made against him or her

the right of each party to be heard in respect to the allegations

the right of each party to be treated fairly

the right of the employee to have a support person or representative present during formal interviews as part of these Guidelines (the role of the support person/representative is detailed below in the Guidelines)

the right of each party to an investigator and a decision maker who acts fairly and in good faith

the right that a decision is based on evidence.

SUGGESTIONS

The burden of proof has two components. First, the plaintiff must satisfy the burden of production, which has also been referred to as the burden of going forward. As the terms suggest, this burden requires the plaintiff to put forth evidence in the form of witness testimony, documents, or objects. After the plaintiff presents his or her case-in-chief, the burden of production shifts to the defendant, who then has the opportunity to provide evidence either rebutting the plaintiff’s evidence or supporting the defendant’s own arguments.

So the in house department which should be different to HR department must be created to handle such issue on the preliminary stage. A concrete proofs if gathererd with clarity can be enough to fight a case.

Explanation / Answer

This week I would like your input about the burden of proof Management must provide to the the arbitrator in support of their disciplinary actions towards an employee. Do you feel the requirements are excessive? Also, please provide suggestions to satisfy the burden of proof requirement for a manager's disciplinary actions.

Do you feel the requirements Management must provide to support their disciplinary action towards an employee are excessive?

As a manager, what suggestions do you have that would satisfy the burden of proof requirement for your actions?

Stated another way: How do you C.Y.A.?

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