When it comes to determining the appropriate sanction for an incident of misconduct, can an employer take into account a previous first written warning?
Posted in : First Tuesday Q&A NI on 6 November 2018 Issues covered:When determining an appropriate sanction for an act of misconduct, employers should ensure that they are familiar with the LRA Code of Practice on Disciplinary and Grievance Procedures, which sets out the different sanctions available, from warnings right up to dismissal.
From a practical perspective, employers should:
- adopt procedures that will encourage employees to improve rather than punish employees;
- act with impartiality and consistency; and
- impose a sanction that is reasonable and proportionate in the circumstances, taking into account:
- any guidelines and/or examples in any disciplinary procedure about relevant types of misconduct and level of sanction;
- any mitigating factors
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