Staff Disciplinary Policy and Procedure
Disciplinary Policy and Procedure for Individual Members of Staff
Date of Most Recent Approval: still in draft stage
Position Responsible for Developing and Maintaining the Policy:
DISCLAIMER: If there is a discrepancy between this electronic policy and the written copy, the written copy prevails.
PURPOSE AND SCOPE
This procedure is designed to help and encourage all staff to achieve and maintain satisfactory standards of conduct. The aim of this procedure, in conjunction with Free Geeks's policy and standing instructions as amended from time to time, is to ensure that all staff receive consistent and fair treatment. Note. This procedure applies to all permanent and part-time staff.
No disciplinary action will be taken against a staff member until the case has been fully investigated.
At every stage in the procedure the staff member will be advised in writing of the nature of the complaint against them, and will be given the opportunity to challenge the allegations and state their case before any disciplinary action is taken. Written notice should be given of formal disciplinary hearings.
Disciplinary hearings should be arranged as soon as possible after the alleged misconduct, normally within 5 working days. At all stages in the procedure the staff member will have the right to be accompanied by another staff member of their choice during any disciplinary interview. The hearing will be chaired by 1 Director of Free Geek, and 2 members of the staff collective. These posistions cannot be held by staff or Directors personally involved in the incident. A note taker should be present, and any witnesses called may be cross-examined by the staff member or their representative.
No staff member will be dismissed for a first breach of discipline except in the case of gross misconduct. Lesser penalties, for example being sent home with or without pay, may be applied under appropriate circumstances.
A staff member will have the right to appeal against any disciplinary penalty imposed.
The procedure may be implemented at any stage depending upon the seriousness of the staff member's alleged misconduct. The stage at which the procedure is being implemented will be clearly indicated to the staff member.
Minor faults, which can include breaching any of the Policies and Procedures of Free Geek, should be dealt with informally (i.e. without recourse to the Procedure), but where the matter is more serious, or an informal discussion has not resolved the problem satisfactorily, a disciplinary hearing should be arranged and the following procedure will be used.
STAGE 0: REPORT
The staff person or volunteer who witnesses the misconduct will contact 1 Director of Free Geek. In the case of a volunteer they can also inform a staff member who can contact a Director. The information regarding the incident will remain private and not be documented electronically.
If the misconduct requires an immediate action, such as an assault or impairment, the staff collective (excluding the staff member in question) has the capacity to send the staff member home or if appropriate, call for Police attention to the matter. This decision and the reason for it must be documented in writing the same day and will be kept on the individual's Personnel File.
STAGE 1: ORAL WARNING
If conduct does not meet acceptable standards the staff member will normally be given a formal Oral Warning by a Director or 2 members of the staff collective, or a combination of both. They will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure, and of their right of Appeal. A brief note of the Oral Warning will be kept on the individual's Personnel File, and a copy given to the staff member, but it will be disregarded for disciplinary purposes after 6 months subject to satisfactory conduct being maintained.
STAGE 2: FIRST WRITTEN WARNING
If the offence is a serious one, or if a further offence occurs, a written warning will be given to the staff member by 1 Director or 2 staff members or a combination of both. This will give details of the complaint, and will warn that action under Stage 3 will be considered if there is no improvement or if there is any further breach of Free Geek policy, and will advise the staff member of their right of Appeal. A copy of the Written Warning will be kept on the individual's Personnel File, but will be disregarded for disciplinary purposes after 6 months, subject to satisfactory conduct being maintained.
STAGE 3: FINAL WRITTEN WARNING
If there is still a failure to improve, and conduct is still unsatisfactory, or if the misconduct is sufficiently serious to warrant only one written warning but insufficiently serious to justify dismissal (in effect combining both first and final written warning), a Final Written Warning will normally be given to the staff member by 1 Director or 2 staff members or a combination of both. This will give details of the complaint, will warn that dismissal will result if there is no satisfactory improvement, and will advise of the right of Appeal. A copy of the Final Written Warning will be kept on the individual's Personnel File, but will be disregarded for disciplinary purposes after 12 months, subject to satisfactory conduct being maintained (in exceptional cases a longer period may be specified when the warning is issued).
STAGE 4: DISMISSAL
If, during the period of the Final Written Warning, conduct is still unsatisfactory, or if a further offence occurs (or in the case of Gross Misconduct - see below), dismissal will normally result. A decision to dismiss a permanent or part-time staff member may only be taken once consensus has been reached by the staff collective (not including the staff person in question) and 1 to a limit of 3 Director's of Free Geek. If the mis-conduct jeopardizes the Directors legal duties to Free Geek(i.e breaks the laws of Canada) and in the unlikely event that consensus is not met, the Directors can make the decision to dismiss the staff member with out consensus from other staff members. Dismissal will be provided within 10 working days with written reasons for the dismissal, the date on which employment terminates, and notification of their right of Appeal.
MISCONDUCT AND GROSS MISCONDUCT
Misconduct is defined as actions in contradiction to Free Geek Policy or the laws of British Columbia or Canada. The following are given as examples, and not limited to: breaching any of the Policies and Procedures of Free Geek, behaviour which is likely to bring Free Geek into disrepute, damages the interests of staff and volunteers, or causes loss of public or professional confidence; unauthorised removal or use of Free Geek property or assets; malicious or negligent damage to Free Geek property; breach of safety requirements; unauthorised absence from duty; neglect of duty; disregard of reasonable instructions; being under the influence of drink or drugs at work; conflicts of interest; unauthorised disclosure of confidential information; breach of no-smoking rules. (This list is not exhaustive).
Gross Misconduct, of which the foregoing may include examples, will be misconduct deemed to be so serious that Free Geek can no longer tolerate the presence of the staff member. Examples may include, but are not limited to; breaching any of the Policies and Procedures of Free Geek, physical violence; theft or fraud; deliberate falsification of records, deliberate damage to Free Geek property; serious incapability through being under the influence of alcohol or drugs at work; serious negligence which causes an unacceptable loss, damage or injury. A staff member who commits such an act or omission will therefore be liable to summary dismissal - i.e. without notice. (This list is not exhaustive).
A staff member who wishes to appeal against a disciplinary decision must do so in writing to a Director of Free Geek within 5 working days of being notified of that decision. A hearing shall then be arranged in not more than 10 working days from the date of receipt of notification. An Appeal Committee will be formed to conduct an Appeal Hearing. At the end of the hearing the Director from the Committee will then notify the appellant of the decision and confirm the same in writing within 5 working days or may defer the decision for notification in writing within 5 working days.
An Appeal other than against a decision to dismiss will be heard by 1 Director, who was not part of the original decision and a minimum of 1 but limited to 2 members of the staff collective.
An Appeal against dismissal will be heard by 2 Directors, who were not part of the original decision, and a minimum of 1 but limited to 2 members of the staff collective.
The appellant may request to be present at the Appeal Hearing.
The decision of this Appeal Hearing is final.