“Discipline is supposed to be thoughtful and appropriate, not knee-jerk.”
Pat Summit
In employee discipline management, there are non-negotiables like instances or behavior that damage an organization’s foundational rules, procedures and standards. Rules on safety & wellbeing of employees cannot be held as compromise. Ensuring that respect & professional conduct must be maintained & fostered. Attendance & punctuality is no exception because it impacts productivity & quality or efficiency. Compliance to rules, procedures & applicable laws that are critical in protecting employees, upholding organizational integrity and ensures fair disciplinary actions are non-negotiable as well. Or are they?
Recently, I received a surprising digital message from a former co employees asking for my advice & opinion regarding a case that involved employees known to me. Prudence dictates that I should not be giving my opinion or take about the case as it already had undergone the necessary HR procedures & due process aside from the fact that I am not really privy to the actual situation and all the circumstances behind. I just told the employee that they should trust the wisdom & sense of fairness of the organization & the HR team because am pretty sure there is a sound disciplinary process in place.
A sound disciplinary process typically involves determining what happened based on the evidence.
Assessing the seriousness of the misconduct. Comparing the case with similar past cases to maintain consistency the after serious thought & deliberation if necessary, selecting a disciplinary measure that is reasonable and proportionate after identifying and considering mitigating and aggravating factors.
Fair discipline considers not only the offense committed but also the employee’s track record, recognizing that an isolated lapse should not be treated the same as a pattern of repeated misconduct.
Just to recall, in instances whenever I read incident reports or handled disciplinary cases, it is always difficult specially if those involved are known to me personally or if I know a bright “future” is at stake. The first-time offenders or the unexpected names to be investigated is a difficult scenario to fathom. Bur for familiar names in disciplinary cases, it is another story.
Knowing the widely accepted HR principle that the purpose of employee discipline is to correct behavior & not merely to punish, an employee’s overall work record, length of service, and prior disciplinary history should always be considered in determining the appropriate penalty. Wether the employee records show positive or negative results, they do matter in making that decision.
Aside from the facts on hand, investigation reports & testimonies, I always make it a point to pause, do a little more digging, by looking at mitigating & aggravating factors related to the case & to the employees involved.
Mitigating and aggravating factors are often central to fair employee discipline. They help ensure that discipline is proportionate to the misconduct rather than applying the same penalty to every case regardless of context. Considering these factors helps avoid arbitrary & stop gap decisions, there is room reconsideration.
All violations to policies & procedures require sanctions but there will always be circumstances that there are mitigating factors which oftentimes help justify a less severe sanction or an even harsher sanction because of the pattern of misbehavior of a particular employee.
Mitigating factors are past good behaviors, knack for compliance, display for discipline & the sincere desire to do well in general. It is also know as “track record”. Note that the lack of clear policies, proper training or poor supervision may also mitigates any offense.
Having a long and positive employment record plus a clean disciplinary history helps ease any situation because the misconduct could’ve been an isolated rather than a repeated offense.
Admittedly, I was also swayed by humble admission of wrongdoing and genuine remorse by erring employees than by the arrogance of proud violator. In one instance, instead of an automatic termination, the option to resign was offered. Equally relevant are the personal or work-related circumstances that contributed to such incident.
Some aggravating factors that I came across that help decision makers mete out stiff sanctions are repeating disciplinary offenses especially similar misconduct of the same employees involved. These establishes a predictable pattern in an employee’s attitude & demeanor. The repeated violations despite prior coaching or warnings are clear indications of recidivism.
Intentional & dishonest conduct or abuse of a position of trust or authority that results to significant harm to the organization, coworkers, customers, or the public agravates any situation. Any attempt to conceal misconduct or intentionally try to mislead investigators is an indication of lack of remorse or plain refusal to take responsibility for actions. Not to be left out are conducts that create serious safety, security, or compliance risks.
By considering mitigating & aggravating factors, it allows employers to distinguish between employees who made an isolated mistake and those who demonstrate a pattern of misconduct. They truly matter because they promote proportional discipline where the seriousness of the misconduct is balanced against the employee’s circumstances and work history.
When such factors are looked into, it shows there is thoughtful consideration of all relevant factors makes it easier to justify any decision if challenged. This demonstrates that the decision was reasoned, consistent and proportionate rather than automatic or arbitrary.
Simply put, two employees may commit similar violations, but the surrounding circumstances may justify different outcomes. Is it fair? Yes, if you take into consideration both mitigating & aggravating factors.
This scenario in every disciplinary decision, reflect the modern HR philosophy that discipline ishould be primarily corrective rather than punitive.
GOOD MORNING HARDWORKING PEOPLE!
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