The "Employee Management System" (E.M.S.) is a management process that should be used to solve human resource problems. When used in the correct manner it has the potential to open lines of communication that would otherwise not exist. This in turn could be of benefit to both management and unions alike. Unfortunately in some instances it has been seen as a disciplinary action, utilised by some to threaten or intimidate staff. This of course is non-productive, and in most instances only inflates the problem or at best postpones its effects.

The following are the steps a manager should take when instigating this process. If followed correctly these steps should ensure that all employees are dealt with in a "fair and reasonable" manner when problems arise.

The following information is given so those who may be involved in the process might have a better understanding of how it works. Armed with this knowledge, the protection of employee's rights and the success of this system should be preserved. Employee's who, at any time feel that they have a legitimate complaint relating to the way they have been dealt with under the E.M.S. process, should refer to the "Grievance Process".

1. Investigate the facts of the case and act immediately.

2. Identify what caused the problem: - it may not be under the control of the employee (eg. poor job design bullying).

3. Collect information from the employee, the witness, and any past records.

1. The purpose of this discussion is to correct rather than punish or blame.

2. Bring the problem to the employee's attention.

3. Explore the causes. The employee must be given the opportunity to state his case.

4. Develop solutions and get an agreement to an improvement plan. Keep a written record of the informal discussion.

5. May have as many informal discussions as necessary but as a guide, after 2, move onto step 3.

1. Inform the employee in advance (48 hours notice should be given).

2. Advise him/her of the right to have a nominee and role of this person.
(For further information relating to the role of a nominee please click here.)

It is the nominee's role to ensure that the correct process is followed. The nominee should verify the accuracy of statements and provide support in respect to the rights of the employee. He must not speak for the employee, but may ask for a "time out" during an interview whenever he feels the need to advise the employee or manager of any inconsistency in relation to the correct process. The role of the management's nominee is of a simular nature (ie. not speak for the manager but ensure the correct process is followed). It is always a good idea for the nominee to take notes of the key points during an interview for future reference.

3. Hold the interview privately and ensure confidentiality.

4. Explore the causes of problem and discuss what has to be done.

5. Explain what will happen if the situation occurs again.

6. Make sure the written record is complete and accurate.

The employee is to be given the opportunity to read and sign this record. It is always a good idea for the nominee to call a "time out" to ensure the employee has the time to read and comprehend this record before he signs it. It is not a good idea to refuse to sign this record, however if there is a grievance the employee must write this on the record before signing. It must be made clear what he or she is not happy with so the issue may be followed up using the grievance process. A copy of this record should be given to the employee when completed and signed.

7. Allow the employee to state their case.

8. A second or third interview may be necessary.

9. A formal warning should then be issued (include all issues discussed).

1. Give reasons for discipline process

(a) It may be due to successive disciplinary responses.
(b) It may follow a disciplinary response for severe misconduct (eg. assault).

2. List the steps taken during the disciplinary process, ie. specific occasions, all discussions and agreed outcomes.

3. State the areas of the Code of Conduct that were breached.

4. Outline the actions necessary to avoid further disciplinary measures.

5. Outline possible further disciplinary actions - ie. likely to be dismissal.

6. Refer to Divisional Level 3 Manager regarding the authorisation to issue Final Warning.

This is the final step before dismissal.