What considerations should managers be aware of during positive discipline procedures?

Answer 1

First: Was the employee aware of the rule (Shop rules/"common sense" rules) allegedly violated? Are they posted?

Second: Was the rule allegedly violated "reasonably related" to efficient and safe operation of the company, and was the performance of the employee "reasonably expected" by the employer?

Third: Did the employer make an hones effort to discover if in fact the employee violated the rule, or disobeyed a lawful order of management?

Fourth: Did the company investigate the matter fairly and objectively (the person making the accusation should not be involved in the investigation other than as a witness to the violation)?

Fifth: Did the company "judge" obtain substantial evidence (lesser proof than "beyond a shadow....", unless the charge involves destruction of property, gross insubordination or the like) that the employee was guilty?

Six: Has the employer applied its rules and penalties even-handedly to all employees under the same circumstances?

Seven: Was the penalty reasonably related to (a) the offense, and; (b) the record of the accused?