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Chapter Review

2243 words - 9 pages

1. | TOH HUI LING | B061510068 |


Chapter 20: Effective Discipline and Domestic Inquiry Procedures
The purpose of discipline is to encourage employees to meet established standards of job performance and behaviour. This means all employees are expected to adhere to rules and regulations. Discipline is ...view middle of the document...

Termination simpliciter (a simple termination by the employer without reason following the terms of the letter of appointment) is not acceptable by the Industrial Court in Malaysia.
Misconduct may be described as conduct which is not consistent with the conditions of the employee’s contract of service. A major misconduct is a serious action or failure to act by an employee that may lead to immediate dismissal. For example is wilful insubordination or disobedience. A minor misconduct is an offence which is not serious enough to take serious disciplinary action. However, minor misconduct, if allowed to be repeated often, will become a major misconduct. Employees who commit offences at work may be charged twice, that is a charge of misconduct to be heard at the domestic inquiry within the company and a criminal charge in the Criminal Court.
Positive discipline is that if an employee who develops a disciplinary problem is treated with self-respect and given an opportunity to solve the problem. The focus of positive discipline is on correcting the behaviour and communicating the expected change rather than threatening and punishing. However, negative discipline means that the employees were treated as a child who must be punished. Negative discipline process has two major weaknesses. First, no one ever feels good about being punished. When a person is punished, that is negative, and there may be some residual bad feelings among all those involved. The second weakness is that punishment will force a person to conform but a person convinced against his will does not change his opinion. He may comply in the short-term because he is forced, but there is no active co-operation and when no one is there to enforce the rules, the person will still break them. Employee seem to welcome the less punitive aspects of positive discipline.
Progressive discipline may be positive or negative, depending on the policy or philosophy of the manager or organization. When positive discipline is adopted, an employee who commits a minor offence will initially be given an opportunity to correct himself. On the other hand, progressive discipline may adopt a negative approach whereby each step is a warning of more severe disciplinary action. For the positive discipline, firstly, the superior has a verbal discussion with the employee when he identifies the problem. The superior will keep a written record of the discussion in a separate working file in his desk and not in the employee’s personnel file. If the employee’s performance improves, the superior will advise and compliment him so that he will keep up the good work. If there is no improvement despite all the help given, then the process goes to step 2. In step 2, the superior has a serious counselling session with the employee where he will stress the need for improving performance. No threats are given because the aim is to discuss the need for performance to improve. The counselling session is recorded. Should the...

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