Disciplinary Procedure – Do’s and Don’ts

The disciplinary process can be daunting for all involved. Failing to follow the right procedure can expose the Company to litigation. The disciplinary process should be guided by the Company policy and Employment Laws of Kenya. Companies need to understand the procedure to follow throughout the disciplinary process to avoid violation of Labour Laws. Below is an outline of what to do and what not to do during the disciplinary process:

Do’s

• Conduct a thorough investigation. It is important to investigate to find factual evidence of the allegations before initiating a disciplinary process.
• Issue a show cause letter to the employee detailing the allegations that have been leveled against them. The employee should also be given at least 3 days to respond to the show cause letter.
• Send out a notice to attend a disciplinary hearing to the employee if the response to the show cause letter is not satisfactory.
• Ensure the employee is aware of their right to be accompanied by a witness of choice to the disciplinary hearing.
• Document the disciplinary hearing minutes and ensure they are signed by the parties present in the disciplinary hearing meeting.
• Inform the employee of the outcome of the disciplinary hearing. This can either be:
  • A verbal warning
  • A first written warning
  • A second written warning letter
  • A third/final written warning letter
  • Termination
  • Dismissal
• Inform the employee that they have the right to appeal the decision.
• Ensure that records of all documents relating to the disciplinary process are kept i.e., the show cause letter, the response to the show cause letter, the notice to attend the hearing, the disciplinary hearing minutes signed by all attendees, and the outcome of the disciplinary process.

 

Don’ts

• Fail to inform the employee of the allegations that have been raised against them.
• Fail to give the employee a chance to respond to the allegations.
• Include a fresh allegation without conducting a thorough investigation. Any new allegations that arise during the process must be investigated to establish their veracity.
• Dismiss an employee unfairly. Before deciding to dismiss an employee, it is crucial to determine whether the allegations amount to gross misconduct.
• Failing to keep proper documentation of the disciplinary process from start to finish.
• Failure to inform the employee of their rights during the disciplinary hearing process

If you would like disciplinary matters at your company to be handled by professionals, reach out to our team of experts at Virtual Human Resources Services Limited. We ensure strict adherence to set out company policies and Kenyan Labour laws throughout the disciplinary process.

 

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