Hi Dave, it’s Tu here returning your call. I got your phone call about the staff person causing concern.
You’re quite right that it’s not okay for him to be losing his temper and throwing things around. Of course the other staff are intimidated by him.
Your disciplinary procedures are quite clear, but you need to remember the concepts of fairness and due process.
Sean’s behaviour is inappropriate, but is not grounds for instant dismissal unless he assaults someone or causes serious damage to property. Make sure you investigate the situation properly. Ask why he is behaving this way and be clear about what has led you to take disciplinary action. Who observed the behaviour, and are the allegations true?
The process for dealing with the misconduct must be beyond reproach. A fair procedure usually consists of a verbal warning, one or two written warnings, a final written warning and then notice of dismissal.
You need to start with a verbal warning. The employment agreement outlines the process. Tell Sean to have a look at that and to contact the Employment Relations Service if he wants to. If he is on the collective agreement you probably have to contact the union as well.
You can have the best reason in the world to fire Sean, but if your process is not fair and open he’ll have good grounds against you for a personal grievance. Has Sean been given adequate opportunity to respond to the allegations and to put his side of the story? Have you considered it fully and without any prejudgment? Anything new that he raises as an explanation needs to be fully investigated too.
Once the investigation is complete you need to explain to Sean what you are doing. Make sure the consequences of the warning have been made clear to him. Make sure you have made clear to him what is required of him, and by when. You may need to offer him assistance, such as anger management or time management training, or mentoring. You also need to give Sean adequate opportunity to seek assistance and advice from a union, lawyer or other advisor.
Document everything that has happened and what action you have taken, and provide him with written explanations and warnings.
Ultimately, you must be seen to be fair.
If you end up dismissing Sean and he takes a personal grievance against you, he must request a statement of reasons from you within 60 days of the dismissal, and you must provide the statement within 14 days of the request.
You can try to resolve the matter between yourselves or seek mediation assistance through the Department of Labour. If mediation fails, you can take the matter to the Employment Relations Authority – and then to the Employment Court if necessary.
If the authority or the court decide that Sean was unjustifiably dismissed, they can make recommendations to you about the action that you should take to prevent future incidents in the workplace. They might order that Sean be reinstated into his or a similar position. They may order the reimbursement of wages or salary lost and can also make an award for damages for humiliation, loss of dignity, or injury to Sean’s feelings.
If the authority or the court decide not to accept Sean’s version of events, they do not have to make any orders at all – which would leave the situation as it is with Sean being dismissed.
You can see there are clear processes to follow. Have a read of the papers I have sent you on the disciplinary process, and let me know if you have any questions.
Good luck Dave.