Caution — Difficult employee ahead!

Conducting a disciplinary procedure is not a pleasant task. Even the coldest, most dispassionate of bosses will agree that the experience is one that they least relish. It leaves a bad taste in the mouth of everyone concerned and the likelihood is that five minutes after the employee has left the meeting, he will be on JobStreet while cursing you under his breath.

More often than not the first time the HR department gets to hear about the disciplinary meeting is when it is stated in the memo sent to the employee. Well, let me advise all you managers out there that this is not a time to go at it alone. There are consequences to poor disciplinary procedures, consequences that could end up with an investigation by the Department of Labor and Employment and alienation of employees. Ultimately it could cost you money, time and reputation. From the mails I receive, many procedures are conducted poorly, without forethought and with a complete disregard for the law, the aftermath of which is then left at the door of the poor HR manager to try and fix, and sometimes it’s just too late.

Conducting a meeting to determine whether any action should be taken against an employee for an infringement of the rules is not something any manager should do without involving the human resource manager. Just like under the law, these meetings should be conducted without passion or prejudice. Remember punishment is a reactive measure, a consequence of unacceptable behavior. Discipline is pro-active and should be administered before the need to punish arises. So the first thought is, what are you trying to do – discipline or punish them?

We need to make sure that we are consistent and measured in our approach. Prior to taking any action, ask yourself these questions:

• Did the employee understand that the standard was not met?

• Was he made aware that failure to meet the standard would result in action against him?

• Was the performance standard reasonable?

• Do you have evidence that he failed to perform?

Once you have asked these questions, set a meeting with the employee, with the human resources manager present and a third party if the employee wishes. Make sure the meeting is private, away from the prying eyes and ears of the staff. State the facts. Avoid inflammatory remarks like "I’m thinking you want us to fail." Allow the employee to state his view. Tell him what you think the solution to the problem should be and ask for his input. A follow-up meeting might be required to determine the course of action after some thought has been given to the issue, but don’t have the employee waiting around too long like a condemned prisoner. Whatever course of action is decided upon there should be a period of review, to see if there has been any improvement or need for further action. All meetings should be documented and remember to be firm and calm; you are his manager not his parent. Listen, be specific, don’t exaggerate – "You’re always late! Don’t issue any hollow reassurances – "I’m sure you will be fine" – or patronizing remarks like "Are you sure you can handle that?" Three words to remember here are "Timely," "Impartial" and "Consistent." You may still not be popular at the end of the meeting, but at least it cannot be argued that you were not professional and fair.

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Bill Spindloe is a human resources consultant and trainer of Yapster e-Learning. E-mail him at [email protected]