Jayadeva de Silva

Introduction '
Management is the process of efficiently getting

activities completed with and through other

people.
The Management process includes planning,
organizing, leading and controlling activities that
take place to accomplish objectives.
People vs Other factors

HR Function
Recruitment, Selection, Development, Motivation,

Retention
Obtaining the services of people, preparing them,
activating them and keeping them.
Discipline Misconduct Punishment is about,
-activating
-retaining or not retaining people

Understanding what discipline is

all about
The standard of performance the company expects

from the worker is Discipline.

Performance is also a kind of behaviour.
A kind of behaviour that is expected by the
organization.
Assume that employee performance is a function of his
skill and motivation. (P = S X M).
Some workers will not provide the accepted behavior
even if they have the skill and motivation.

Human Resources Dicsiplinary

Control
Right kind of people, in the right number, in right

places, at the right time is part of Human Resource

Planning (HRP).
Attracting and retaining the right persons to the
organization is important
But only the right persons

What about wrong Persons ?

What about wrong persons ?
Reform or Rejected
Let us look at the next picture

Keep them Informed

Employees are informed about Discipline through
Letter of Appointment
Disciplinary Code

Employee Hand book

Notices
Circulars etc.

Now Let us

look at some
cases

 Sri Lankan Ports Authority Vs Balin Silva

A workman was absent on 3 earlier occasions and duly

warned and punished in terms of the Circular. 4th time he

was terminated.
The L.T. held that it was two harsh a punishment and that
the Circular was enforced discriminately.
The Court of Appeal found no grounds that the Circular
was applied discriminately and termination was up held.
Court of Appeal held that the Circular should be strictly
applied in order to maintain discipline among such a large
group of employees. There were around 15, 000 employees.

What are Expressed and Impressed

conditions of Employment ?
Conditions of employment
expressed.
implied

Discipline-Misconduct-Punishment
External Force- Punishment
Eg. An employee who is habitually late (a behavior

which is not accepted) is punished (external

disciplinary force),
So that his behavior is modified.
This is an issue that involves discipline, misconduct
and punishment.

What is Discipline ?
DISCIPLINE
Discipline is simply good behaviour. A situation where

there is no issues, disordered, chaos, confusion,

disobedience, misconduct etc. It is the expected standard
of behaviour of employees, which is required for an
organisation to function in an orderly and legal manner.
The conduct, expected by the organization ( Silva 1995)
The term discipline refers to a condition in the
organisation. When employees conduct themselves in
accordance with the organizations rules and standards of
acceptable behaviour. ( De Cenzo and Robbins 1999)
Discipline is about Expected Behavior standards

In other words..
The word discipline is synonymous with the words
regulation,
order,

control,
restraint,
obedience
authority

Let us look at

some more
definitions of
Discipline

 Practice of controlling the employees through strict laws

and punishing them when they are violated.

Method of encouraging employees to behave in accordance
with the standards created by the organization
Training that is used to have organisation regulations
enforced.
Official instructions given by the organisation as to what
an employee should do and should not do. Eg. Work
should commence at 8.15 A.M. daily
Objective of discipline is to encourage workers to behave in
a sensible manner.
Behave in a sensible manner

Why do we need

Discipline ?

From a case
The Ceylon General Workers Union Vs Wellawatte

Spinning and Weaving Mills Limited

It was observed I consider a quarrel among
workman a serious matter and deserves the highest
reprimand . If workman cannot settle their affairs
peacefully it will eventually end in a breakdown or at
least destruction the smooth flow of work in the work
place

To..
To regularize the behavior of the employees.
smooth and efficient functioning of an Organization,
To preserve organizations rules and regulations

which are made to achieve objectives.

As a part of the controlling function in Management,
For the health and safety of workers prevent accidents
To build a mutual co-operation amongst workers.,
To co-ordinate different departments of the
Organisation,

EDM
What is meant by Employee
Disciplinary Management

(EDM)?

EDM ..
It is the systematic procedure of

creating, promoting and maintaining

employee discipline so that goals and
objectives of the Organization are
accomplished..

Components of EDM
policy statement.
the rules and regulations,
Why so

authority
Awareness .
Monitor violations.
Punishment
Reviewed and revised .
Creating Awareness .

Explain.
Explain the Terms
-Preventive Discipline and
-Corrective Discipline

Preventive
Disciplining Employees Before-Preventive

Discipline
intended to prevent any rule violation
A proactive approach.
HR Department can help to create awareness
programmes. create a preventive disciplinary culture in
the organization

Corrective
Disciplining Employees

After - Corrective

Discipline
after a breach of a discipline
prevent any future rule violation.
A reactive approach.
fire - fighting

+ and Positive and negative

Approaches to
Discipline

++++++++
Positive Approach to Discipline
Not personal.
Rejects the misconduct not the employee.

To reform
Employees are bound to make mistake
- Way forward in HRM

-- Negative Approach to Discipline

Personal.
Rejects Employee not the misconduct.

To take revenge,
Employees should not commit any mistake
-Way back wards in HRM

Hot Stove
What is Hot Stove principle ?
When one touches a Hot Stove, the result is instant it

burns. People know that if one touches a Hot Stove he /she

burns up. This is a warning.
The result of touching a Hot Stove does not change From
time to time there is a consistency of the result, i.e. each
time it is touched, there will be burning.
Further the degree of the burn depends on the duration
you keep touching it,
Finally the result is not personal. However, touches get
burnt irrespective of, gender, age or statues

Application.
Application of Hot - Stove principle to Punishment
instant.
Warning

Consistency
Degree
personal,

Response
Prevents
is crucial
Gravity
No luck

Note
In the case of The Ceylon Plantation Workers

Union Vs Superintendent Baddegama Estate

It was held that (Our courts have repeatedly held) the
fact that an employee occupies an important position
in his union doesnt entitle him to any immunity from
punishment or different treatment in the matter of
punishment

Be Positive

 Be positive

What is meant by Progressive Discipline ?

oral warning,
1st st warning,
2nd warning,
Final warning
2nd Final warning
Termination

 Be positive

Counseling Approach for Discipline

identify the causal effect.
Use counseling techniques-listen
one individual uses a set of techniques or skills to help
another individual take responsibility or and to
manage their own decision making whether it is work
related or personal
E.g. an employee being late for work regularly
Eg Good employee absent regularly as of late

How to give

feedback to
employees?

 Sandwich Model of giving feedback

Your punctuality is excellent +
but you always report 15 to 30 minutes late after the

lunch break that affects our operation

If not you are our most productive worker +

Misconduct
What is MISCONDUCT ?
The word Misconduct is synonymous with the words

,Misdemeanor, delinquency ,transgression bad

behaviour, misbehaviour, and wrong doing ,offence etc
As per the case of Shalimar Rope Works Mazdoor
Union Vs. Shalimar Rope Works Ltd. (1953) ..
. An act should be regarded as an act of misconduct
if it is inconsistent, with the fulfillment of express or
implied conditions of service or if it has a material
bearing on the smooth and efficient working of the
concern

Why does a person

misconducts himself
or herself ?

 Why does a person misconducts himself or herself

economic,
environment

natural inclination to misconduct,

unsuitable working conditions,
bad management
deviation from past practices,

 denial or neglect of known issues

sudden provocation,
conflict of interest or values,

Psychological reasons,
individual styles, disorganization,
selfish interest, ulterior motives or
malicious intent, disparity in relative skills, etc
conflict if not resolved lead to misconduct.

Situations
Misconduct Arises ..
Attendance,
On the JOB behaviors.

Dishonesty,
Out side activities.

Gravity of the Incident

GRAVITY
Position held by the employee
In the case of H.G. Jayasekera vs The Ceylon

Transport Board, a Conductor attempted fraud of

Rs.1.40. The Court, taking into consideration the
nature of the business which was transporting people
for money and the employees position, the Court held
that as such the employee, being the conductor who
is in charge of collecting the money should act
honestly. Hence, this was considered a grave act of
misconduct

Gravity.
The Nature of the Business
In the case of Ceylon Mercantile Union vs Bartleet and

Company, the employee was found trying to remove 16 ounces

of tea. The Employees Union was going on the basis that, as the
quantum is small, it is not a grave act of misconduct, but the
Court held that the nature of the business was producing tea and
what the employee stated was the main produce. Hence, it was a
grave act of misconduct.
In a similar case LEWU vs The Superintendent Glen Alpin
Group an employee who has worked for 36 years was
terminated for having take 5-6 ounces of tea without the
employers permission.

E code says
The Establishment Code E-code states that the

seriousness of the misconduct must be judged not

only by the Act itself but in relation to the office
held by the person concerned and the
circumstances surrounding it (p.66 Vol. II).

Keeping away from work

Absenteeism
Absenteeism becomes a misconduct when it is habitual

and without authority. In the case of All Ceylon

Commercial and Industrial Workers Union VS General
Industries Limited it was held that chronic absenteeism
strikes to the very root of production , and employer
cannot reasonably expected to tolerate such behavior
beyond certain point .
In the case of Bawa Crockery House Limited Vs
Bhoumik the courts held that absence of the workman
for half a day without justification is not misconduct. It has
to be habitual and continues.

Getting late
Late attendance
Perera Vs The Insurance Corporation of Ceylon it

was held that Repeated Unpunctuality is serious

breach of duty

Being Negligent.
Negligence
in the case of Lever Bros Eksath Kamkaru

Samithiya Vs Lever Bros (Ceylon) . The Supervisor

in charge of certain machinery was found sleeping on
duty at his work station.
The machines should be attended to all the time if not
there could be serious damage caused to the workers
and property.
The supervisors conduct was considered as an act of
negligence

Disobeying.
Disobedience,
It was held in Premadsa Rodrigo Vs Ceylon

Petroleum Corporation The person issuing a

relevant order must have the authority to do so ,if not
there can be no disobedience .Order must be clear,
positive and unambiguous.
It was held in Equipment and Construction
Company Vs Cooray that Refusal to obey reasonable
orders is a misconduct

Abusing
Abuse ,

In the case of Wanija Ha Karmika Sewaka

Sangamaya Vs Ceylon Glass Company Hooting
,jeering and humiliating an executive is a misconduct
.

Assaulting..
Assault,
In the case of Piyasena VS Battaramulla

Talangama Town Council it was held that

Assaulting a superior officer even outside the premises
and out of working hours is a grave misconduct
In the case of Ceylon Mercantile Union vs
M.D.Gunasena and Co Ltd., it was held that
Assaulting a fellow employee is misconduct

Being dishonest.
Dishonesty
It was held in the case of The CMU vs M.D. Gunasena and co

limited alteration of a medical certificate amounts to

misconduct
Iin the case of Nidahas Karmika Saha Velanda Sevaka
Vurthiya Samithiya vs K.W. Susiripala it was held that
Diverting the employers customers to a business rival was
misconduct.
In the case of The CMU Vs The British Electric Co Ltd it was
held that Conspiracy to ruin the employers business, is
misconduct .
In the case of Charted Bank of India Vs Patel it was held that
disclosing confidential information relating to the employers
business, was a dishonest act.

Being drunk
Drunkenness.
It was observed In the case of Cloustan & Co Limited Vs

Corry The intoxication may be habitual or gross and

directly interfere with the business of the employer or the
ability of the servant to render service.
Or
it also could be an isolated act committed under
circumstances of festivity and in no way connected with or
effecting the employers business , hence it depends on the
question of fact .
In the state sector consumption of liquor in violation of a
circular has been held as a serious misconduct

What are THE ASPECTS

TO BE COVERED BEFORE
DISCIPLINARY ACTION IS
INITIATED ?

 In Jeewandarage Dayawathi Vs Pugoda Textiles Limited

the workman a Machine Operator was dismissed for thieving 03

pieces of cloth
period of service ( 8 years ),
the first act of misconduct,
negligible value of the pieces of cloth.
The workman was a cancer patient undergone surgery on several
occasions
LT she was reinstated without back wages on one year probation.
High Court reversed the decision of the LT,
but the Supreme Court restored the order of the LT.

 1. Seriousness of the problem

eg Dishonesty is usually considered most serious

than reporting to work 20 minutes late.

2. Duration of the problem

eg.The first occurrence is usually viewed

differently than the 3rd or 4th offence.

3.Frequency and nature of the problem

Eg. Is there a pattern in the occurrence which

could be identified

 4..Employees work history

Eg. How long, quality of the service, does he have a

strong track record, period of service in the
organization. Good and bad
5.Explanatory factors
Eg. A person who gets late to report to work on a
particular day due to his child being ill should be dealt
with leniently than a person who is late due to over
sleeping

 6.Degree of Socialization

Eg. Does the employee know the rules and

regulations, is he comparatively a new employee who
has had not the time to familiarize with the rules and
regulations. Has the management made an effort,
create awareness
7.History of the organizations discipline practice
Eg. Equiity demands consistency against some relevant
bench mark

 8. Implication for other employees

Eg. There is little point to taking a certain action

against the employee if it has a dysfunctional affect on
others in the Unit
9. Management backing
Eg. If the employees decide to take case to a high level
in management will you have reasonable evidence to
justify your decision
Individual disputes may lead to Collective disputes.

Punishment

 PUNISHMENT
Sri Laxshmi Saraswathi Motor Transport Co VS

Labour Court. A workman who was an office bearer

of a union had 17 years of service and a clean record.
One day he was found guilty for the delay in
transmitting some documents from the employers
branch office to the head office and he was dismissed.
The worker admitted that it was his fault but said that
it was due to forgetfulness.
The Court held that the punishment was grossly
disproportioned with the misconduct.

Types of Punishment

Types of Punishment
Oral warning,
Written warning
Fine or recovery of damages
Suspension without pay
Transfers
Stop, reduce or delay wage increments
Demotion
Compulsory retirement
Termination of service

Rules of natural

justice

 Rules of Natural Justice ?

In English law, natural justice for

the rule against bias (nemo iudex in causa sua)
Distributive Justice
and
the right to a fair hearing (audi alteram partem).-

Procedural Justice

Sample of a HR

Policy on Discipline