QUESTION: What are your perceptions on the Universal Declaration of Human Rights? Would you like to amend any of the articles or add a new article to the declaration?
ANSWER: Universal Declaration of Human Rights
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
• All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
• Everyone has the right to life, liberty and security of person.
• No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Everyone has the right to recognition everywhere as a person before the law.
• All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
• Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
• No one shall be subjected to arbitrary arrest, detention or exile.
• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
• (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
• (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
• No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
• (1) Everyone has the right to freedom of movement and residence within the borders of each state.
• (2) Everyone has the right to leave any country, including his own, and to return to his country.
• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
• (1) Everyone has the right to a nationality.
• (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
• (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
• (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
• (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
• (1) Everyone has the right to own property alone as well as in association with others.
• (2) No one shall be arbitrarily deprived of his property.
• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
• Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
• (1) Everyone has the right to freedom of peaceful assembly and association.
• (2) No one may be compelled to belong to an association.
• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
• (2) Everyone has the right of equal access to public service in his country.
• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
• Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
• (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
• (2) Everyone, without any discrimination, has the right to equal pay for equal work.
• (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
• (4) Everyone has the right to form and to join trade unions for the protection of his interests.
• Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
• (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
• (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
• (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
• (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
• (3) Parents have a prior right to choose the kind of education that shall be given to their children.
• (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
• (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
• Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
• (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
• (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
• (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
• Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
The Universal Declaration of Human Rights is generally agreed to be the foundation of international human rights law. Adopted in 1948, the UDHR has inspired a rich body of legally binding international human rights treaties. It continues to be an inspiration to us all whether in addressing injustices, in times of conflicts, in societies suffering repression, and in our efforts towards achieving universal enjoyment of human rights.
It represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every one of us is born free and equal in dignity and rights. Whatever our nationality, place of residence, gender, national or ethnic origin, colour, religion, language, or any other status, the international community on December 10 1948 made a commitment to upholding dignity and justice for all of us.
IT IS Our Common Future
Over the years, the commitment has been translated into law, whether in the forms of treaties, customary international law, general principles, regional agreements and domestic law, through which human rights are expressed and guaranteed. Indeed, the UDHR has inspired more than 80 international human rights treaties and declarations, a great number of regional human rights conventions, domestic human rights bills, and constitutional provisions, which together constitute a comprehensive legally binding system for the promotion and protection of human rights.
Building on the achievements of the UDHR, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights entered into force in 1976. The two Covenants have developed most of the rights already enshrined in the UDHR, making them effectively binding on States that have ratified them. They set forth everyday rights such as the right to life, equality before the law, freedom of expression, the rights to work, social security and education. Together with the UDHR, the Covenants comprise the International Bill of Human Rights.
Over time, international human rights treaties have become more focused and specialized regarding both the issue addressed and the social groups identified as requiring protection. The body of international human rights law continues to grow, evolve, and further elaborate the fundamental rights and freedoms contained in the International Bill of Human Rights, addressing concerns such as racial discrimination, torture, enforced disappearances, disabilities, and the rights of women, children, migrants, minorities, and indigenous peoples.
The core principles of human rights first set out in the UDHR, such as universality, interdependence and indivisibility, equality and non-discrimination, and that human rights simultaneously entail both rights and obligations from duty bearers and rights owners, have been reiterated in numerous international human rights conventions, declarations, and resolutions. Today, all United Nations member States have ratified at least one of the nine core international human rights treaties, and 80 percent have ratified four or more, giving concrete expression to the universality of the UDHR and international human rights.
MY PERCEPTION –this Protect Human Rights
International human rights law lays down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights.
Through ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. The domestic legal system, therefore, provides the principal legal protection of human rights guaranteed under international law. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual and group complaints are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.
Most Islamic countries have signed the Universal Declaration of Human Rights. However, in 1948, Saudi Arabia abstained from the ratification vote on the Declaration, claiming that it violated Sharia law. Pakistan—which had signed the declaration—disagreed and critiqued the Saudi position. In 1982, the Iranian representative to the United Nations, Said Rajaie-Khorassani, said that the Declaration was "a secular understanding of the Judeo-Christian tradition" which could not be implemented by Muslims without conflict with Sharia. On 30 June 2000, members of the Organisation of the Islamic Conference (now the Organisation of Islamic Cooperation) officially resolved to support the Cairo Declaration on Human Rights in Islam, an alternative document that says people have "freedom and right to a dignified life in accordance with the Islamic Shari'ah", without any discrimination on grounds of "race, colour, language, sex, religious belief, political affiliation, social status or other considerations". Turkey—a secular state—signed the Declaration in 1948.
A number of scholars in different fields have expressed concerns with the Declaration's alleged Western bias. These include Irene Oh, Abdulaziz Sachedina, Riffat Hassan, and Faisal Kutty. Hassan has argued:
What needs to be pointed out to those who uphold the Universal Declaration of Human Rights to be the highest, or sole, model, of a charter of equality and liberty for all human beings, is that given the Western origin and orientation of this Declaration, the "universality" of the assumptions on which it is based is – at the very least – problematic and subject to questioning. Furthermore, the alleged incompatibility between the concept of human rights and religion in general, or particular religions such as Islam, needs to be examined in an unbiased way.
"A strong argument can be made that the current formulation of international human rights constitutes a cultural structure in which western society finds itself easily at home ... It is important to acknowledge and appreciate that other societies may have equally valid alternative conceptions of human rights. On the other hand, others have written that some of these "cultural arguments" can go so far as to undermine the very nature of human freedom and choice, the protection of which is the purpose of the UN declaration.
THE BIGGEST CHALLENGE IS THE UNIFORM IMPLEMENTATION ITS TRUE
---------- FOLLOW-UP ----------
QUESTION: As an HRD Manager what steps you will initiate before dismissing a workman found guilty of misconduct where there is the presence of a strong employees union.
Strong union or not,
The organization should have an effective
Policy and unbiased procedures.
<Company> has a human resources’ strategy that recognises the value of its people. Part of this strategy is the fair treatment of all employees. This requires a minimum standard of conduct and performance be agreed, set and communicated with all employees. If employees do not meet this standard, appropriate corrective action, such as training, should be undertaken. Discipline should only be engaged with an employee on a performance issue if all other corrective action has failed to achieve the desired result.
Where an employee has deliberately breached a Company policy or procedure, or engaged in misconduct, disciplinary procedures should be initiated.
Employees should be treated fairly and the proper procedures should be followed.
Employees must be made aware of their responsibilities, counselled and given the opportunity to reach the standards expected of them and the chance to defend themselves before action is taken.
It is a requirement to have a third party attend a disciplinary meeting, and notes taken be signed as a true record of discussions.
The expected standard must be clearly defined and the measurement criteria understood. A reasonable date for achievement of standards must be agreed. This should be shown as a minimum time, e.g. within one month.
For serious issues, employees must be advised in writing and such advice should be recorded on the employee’s personnel file.
▌ Poor Performance
Wherever possible the Performance Management System should be used to manage employee performance. However, there may be times when performance, conduct or employee attitude need to be immediately addressed.
If employees fall below required performance standards and performance management processes have not been adequate to address the issue they must be personally counselled and then given written confirmation of their deficiencies in performance (a written warning).
Such written warnings must clearly define the deficiency, the expected standard, by when it should be achieved, how the company will help the employee achieve the improvement required and the consequences of failing to do so.
A record of all meetings, training and/or coaching given and a summary of discussions must be kept by the manager concerned and a copy placed on the employee’s personnel file. This should include date, location and time of discussion.
If an employee consistently fails to meet agreed standards, he/she has been counselled and appropriate support/training has been offered and/or given, then further action is required. This may lead to the employee being dismissed.
If an employee has not been performing as required, and:
▌ all possible corrective action, including training and coaching, has been undertaken
▌ the manager concerned has documentation showing the conversations taken place, agreed action plans, and other communication with the employee
▌ the employee has been informed of the standards required and his/her performance deficiency(ies) with action plans in writing on at least two occasions and the consequences of failing to met the required standards
▌ the employee has been given the opportunity to appeal or respond to the issues highlighted on each occasion
▌ no other suitable option, or other appropriate positions, are available
If all these processes have been followed and the employee’s performance still has not improved, then the employee may be dismissed*.
Managers are expected to investigate misconduct and proceed through the following steps:
▌ a verbal warning should be given to an employee for minor misconduct. A record of the warning must be kept by the manager and should be signed by the employee. The employee must be given the opportunity to respond
▌ if the unacceptable behaviour continues, a written warning will be issued, and signed by the employee as being received and understood. The employee must be given the opportunity to respond
▌ a second written warning should be given to an employee if he/she requires further discipline for the same or a related issue, and also signed by the employee as being received and understood. The employee must be given the opportunity to respond
▌ employees who have been disciplined three times are subject to dismissal*
▌ details of disciplinary actions should be recorded on the employee’s personnel file and removed after six months if further disciplinary action is not required
If a manager considers the allegation to be serious, and it requires further investigation, an employee should be suspended on base pay for a maximum of two weeks while an investigation takes place. The individual must be informed, in writing, of the details of the allegation and advised he/she is under investigation. The employee must sign this notice as being received and understood.
This letter should invite the employee to present his/her version of events to the investigating officer and inform he/she may be accompanied by a representative. The only purpose of the representative’s visit is to observe – they are not participants.
Should we consider an employee’s conduct likely to lead to a situation in which we may wish to dismiss without notice, a diary must be kept at all times to record incidents and conversations and associated matters which may be needed in subsequent proceedings. The relevant manager is responsible for keeping this diary. This manager should also issue a written warning that a continuance of such behaviour will lead to instant dismissal.
Gross or Serious Misconduct
Summary (instant) dismissal for gross or very serious misconduct is possible (depending on the facts involved) for the following: insubordination, drunkenness, dishonesty, assault, deliberately endangering the safety of others, commission of a criminal offence on our site, and objectionable language**. Managers must, however, consult with senior management prior to taking this action*.
In such cases follow the procedure below:
▌ investigate the alleged offence thoroughly, including talking to witnesses, if any
▌ ask the employee for his/her response to the allegation (taking notes of this discussion)
▌ consult with the next most senior manager regarding possible action
▌ if still appropriate, following a thorough investigation, terminate/dismiss the employee
▌ keep a file on all evidence collected and action taken in these circumstances
All procedures must be followed in accordance with employment equal opportunity/anti-discrimination legislation.
*Note: In all such cases ‘procedural fairness’ guidelines will apply. This means the warning and dismissal process must allow the employee to offer their view of the events concerned. The employee must have every chance to defend himself/herself and has the right to appeal a decision made. If this process is not followed the dismissal may be overturned by an Industrial Relations authority.
**Note: For some offences <Company> retains the right to report the matter to the police where charges may be laid. The police will be notified with regard to any criminal act against the Company or another member of staff. Management has a duty of care to shareholders and staff and at all times will be subordinate to legal process.
During all stages of the disciplinary process employees have the right to appeal against any disciplinary action taken against them.
An employee who believes the disciplinary action taken against them is unfair, is able to appeal the process.
An appeal will be treated fairly, dealt with discreetly and actioned promptly.
This policy should be read in conjunction with the grievance policy.
An employee is entitled to lodge a written appeal to their supervisor’s manager detailing his/her objections to the disciplinary action within three working days of notification.
▌ acknowledge receipt of the employee’s objection
▌ investigate the matter thoroughly
▌ report back to the employee within seven days
If the appeal is disallowed an employee is entitled to appeal to the next most senior manager.
The next most senior manager should investigate the matter and report back to the employee within 10 working days.
The employee has no further right of appeal under this process if the second appeal is disallowed.
All procedures must be followed in accordance with employment equal opportunity/anti-discrimination legislation.
<Company> supports the right of every employee to lodge a grievance with his/her manager if the individual believes a decision, behaviour or action that affects their employment is unfair. We aim to resolve problems and grievances promptly and as close to the source as possible with graduated steps for further discussions and resolution at higher levels of authority as necessary.
Grievances should be actioned discreetly and promptly dealt with in an objective manner.
The employee should attempt to resolve the complaint as close to the source as possible. This can be at a quite informal and verbal level. If the matter is not resolved then further steps need to be taken.
All available attempts to settle a grievance before starting the formal grievance process should be taken.
For the formal grievance process to begin, complainants must fully describe their grievance in writing, including dates and locations wherever possible and the remedies sought.
The person(s) against whom the grievance/complaint is made should be given the full details of the allegation(s) against them and should have the opportunity and reasonable time to respond before resolution is attempted. The duration of this should not exceed one week.
If resolution is still not reached, the matter will be referred to the Managing Director for consideration and final decision. A grievance taken to this level must be in writing from the employee.
The employee’s manager will forward to the Managing Director any additional information thought relevant. The Managing Director will provide a written response to the employee and also communicate with any other parties involved.
If the matter is still not resolved, the employee will be advised of his/her rights to pursue the matter with external authorities if they wish.
In some circumstances, it may not be appropriate for an employee to discuss his/her grievance with the immediate manager. Grievances relating to harassment would fall into this category and an employee should be able to make their approach to a more senior manager.
All procedures must be followed in accordance with employment equal opportunity/anti-discrimination legislation.
The above procedure takes place for individual employee grievances. Whatever the final outcome, it will affect the attitudes of each party and their long-term relationship. The issues which sparked the grievance should be reviewed by management at executive level so the dispute does not reoccur.
Progressive discipline may be issued on employees even when the conduct that leads to more serious discipline is not the same that resulted in less sever discipline. That is, violations of different rules shall be considered the same as repeated violations of the same rule for purposes of progressive action.
Probationary employees are held to the highest standards for behavior and job performance. Progressive discipline is the exception rather than the rule for probationary employees.
The Company will normally adhere to the following progressive disciplinary process:
1. Verbal Caution: An employee will be given a verbal caution when he or she engages in problematic behavior. As the first step in the progressive discipline policy, a verbal caution is meant to alert the employee that a problem may exist or that one has been identified, which must be addressed. Verbal warnings will be documented and maintained by your [designate either appropriate individual (e.g., "your supervisor" or "your manager"]. A verbal caution remains in effect for [specify time (e.g., three months)].
2. Verbal Warning: A verbal warning is more serious than a verbal caution. An employee will be given a verbal warning when a problem is identified that justifies a verbal warning or the employee engages in unacceptable behavior during the period a verbal caution is in effect. Verbal warnings are documented and placed in the employee’s personnel file and will remain in effect for [specify time (e.g., three months)].
3. Written Warning: A written warning is more serious than a verbal warning. A written warning will be given when an employee engages in conduct that justifies a written warning or the employee engages in unacceptable behavior during the period that a verbal warning is in effect. Written warnings are maintained in an employee’s personnel file and remains in effect for [specify time (e.g., three months)].
4. Suspension: A suspension without pay is more serious than a written warning. An employee will be suspended when he or she engages in conduct that justifies a suspension or the employee engages in unacceptable behavior during the period that a written warning is in effect. An employee's suspension will be documented and, regardless of the length of the suspension issued, will remain in effect for [specify time (e.g., three months)].
5 Decision Making Leave : Generally following a suspension, an employee will be reprimanded them sent home for the day on decision making leave. This is intended to help the employee decide whether they should continue employment with the company. If the employee returns, they will be expected to work harder than before to follow the Company guidelines and continue their employment without interruption. The other option with this leave is the employee may choose to resign because employment with the Company is not a match.
6. Termination: An employee will be terminated when he or she engages in conduct that justifies termination or does not correct the matter that resulted in less sever discipline.
Again, while the Company will generally take disciplinary action in a progressive manner, it reserves the right, in its sole discretion, to decide whether and what disciplinary action will be taken in a given situation.
There is no one correct approach for handling employee discipline. Accordingly, like most personnel policies, discipline policies vary greatly. Competing interests make it important for employers to analyze what they expect a discipline policy to accomplish. Some employers adopt traditional progressive discipline or zero tolerance policies because they are interested in identifying and eliminating the problem employee. Many employment lawyers favor uniformly applied progressive discipline policies because they make a discrimination case easier to defend. These policies, however, do not always protect an employer’s investment in its employees, nor does it necessarily foster a positive working environment. Whether altruistic or not, some employers seek to assist employees who experience workplace problems and tailor their discipline policy to achieve this goal. Alternate policies are proposed.
There is no set number of steps for a progressive discipline policy. Typically there are at least three steps: caution, warning & termination. Many polices provide for suspension prior to termination.
Regardless of an employer’s choice, a discipline policy should be clear and specific. Likewise, it must be uniformly applied, particularly a progressive discipline policy. Thus, while a progressive discipline policy should allow for employer discretion, employers that adopt such a policy should abide by its terms, except in those rare instances that justify special treatment.
EMPLOYEE DISCIPLINE POLICY
All class A employees of the City of Providence.
To standardize practices and procedures relating to administering progressive discipline in response to an employee’s failure to meet the standards, objectives or rules of the City of Providence.
Offenses warranting disciplinary action can be divided into two general groups:
1. Infractions calling for penalties aimed at correction but which can
lead to more severe progressive discipline if not corrected.
• Unauthorized absence or early departure
• Careless workmanship
2. Infractions calling for more serious penalties, including discharge. The infractions include, but are not limited to:
• Stealing City property
• Striking a superior, insubordination or refusal to obey a legitimate order or instruction.
• Consuming alcohol, non-prescription drugs or illegal substances
on the job, or arriving at work under the influence of alcohol, non-
prescription drugs or illegal substances
• Intentionally damaging City property
• Violating Employee Codes of Conduct or Ethics
• Possession of weapons on the job when such possession is
not an express job requirement.
• Safety violations
• illegal conduct on the job.
The degree of discipline administered in any given situation must depend on the severity of the infraction and must be in accordance with appropriate labor contracts and, if applicable, must be objectively evaluated before taking the appropriate disciplinary action. It should be understood that an employee’s request for union representation should be honored at a disciplinary meeting. Written documentation explaining the issues surrounding disciplinary action are to be signed by the employee and the individual providing the warning. The
documentation is to be dated.
a. Talk to the employee in private. Describe the situation and review any previous discussions. Discuss any policies that my be related to the issue.
b. this type of discipline should be applied for infractions of a relatively minor degree. Supervisors should at all times inform the employee that he or she is administering an oral warning and that the employee is being given an opportunity to correct the condition. If the condition is not corrected, the person will be subject to more severe disciplinary measures.
c. A notation that an oral warning was given should be made for the supervisor’s records and notice sent to the Personnel Department.
a. This notice will be issued by the Director of the Department in the event the employee continues to disregard an oral warning, or if the infraction is severe enough to warrant a written record.
b. The Department Director of his designee will set forth the nature of the infraction in detail and will sign the notice. He or she will discuss the warning notice with the employee’s immediate supervisor, then with the employee, to be certain that the employee understands the reasons for the disciplinary action.
c. The warning notice will state the next step in this disciplinary procedure, i.e., referral to the Personnel Department for suspension, should there be a continuance or repetition of the infraction. All recommendations for suspension and/or discharge must be made to the Personnel Director.
d. An original of the warning notice is to be handed to the employee at the time of the discussion of the discipline. A copy is to be placed in the employee’s personnel file. A copy is to be sent to the Personnel Department and to the Union.
a. This form of discipline is administered as a result of a more serious infraction of rules, standards, or for excessive violations after the employee has received a written warning and has made insufficient effort to improve performance. This is the most severe form of discipline, short of a termination. It should be applied only after a thorough evaluation by the supervisor, the Department Director, and approval by the Personnel Director.
b. The Department Director shall state the reason (s) for the disciplinary suspension, and the duration of the suspension in a disciplinary letter of suspension to the employee. Again, the next step, i.e., discharge, should be noted in the letter. A copy of the letter of suspension is to be placed in the employee’s personnel file with original given to the employee. A copy is retained by the Personnel Department and one is sent to the Union.
c. If the infraction is so severe as to necessitate immediate removal of the employee from the work place, the Department Director or his/her designee should commence action by placing the employee on unpaid leave until circumstances are reviewed as specified above. Notification must be given to the Personnel Director immediately or at the beginning of the next workday.
d. When the employee returns from a period of disciplinary suspension, the Department Director should make certain that the employee gets back to the job with as little injury to the employee’s self –respect as possible.
Demotion is to be used in rare instances where employees have been promoted to a position in which they are unable to perform the responsibilities of that position or for disciplinary reasons. It should be applied only after a thorough evaluation by the Personnel Director and only after adequate written warning.
a. All city employees, with the exception of those so-called “at will” employees listed in Section 905 of the Providence Home Rule Charter, may be dismissed only for cause. Prior to a pre-termination hearing
being held, the City will ensure that the following criteria will be
1. The employer’s position with respect to the employee is reasonable.
2. The employer investigated before suspension and scheduling of the pre-termination hearing;
3. The investigation was fair.
4. Evidence supports the charge against the employee.
5. There was no discrimination.
6. The nature of the offense and / or the employee’s past record warranted the discharge.
b. Prior to discharging an employee, the Department Director must discuss his or her recommendation with the Personnel Director and the Mayor to be certain that all the facts have been reviewed and there is cause for discharge.
c. The Department Director shall notify the employee that a recommendation for termination has been made. The employee shall be notified that a pre-termination hearing has been set where the employee and his/her representative may set forth reasons why the proposed action of termination should not take place.
d. Deliberations are held by the Director of Personnel and the appropriate Department Director to consider the information provided by the employee as well as all information gathered by the Department. A decision regarding termination is then rendered by the Director
of Personnel. The employee is notified of the decision.