There is often confusion about Discipline and Grievance. These are two separate processes requiring two very different Policies and Procedures.
- A Grievance is
- where a staff member has a complaint/issue and wants management to address it
- A Discipline is
- where there is a performance of misconduct issue relating to the employee
It is essential that all services have a written policy that outlines how both of the above are handled within the Early Years setting.
Discipline and Grievance are influenced by a range of legislation and also:
- The Code of Practice on Grievance and Disciplinary Procedures (S.I. No 146 of 2000) under the Industrial Relations Acts 1990 and
- The Code of Practice on Dispute Procedures, including procedures in essential services (S.I No. 1 of 1992).
It is very important that providers understand the process of discipline and grievance which can be very complex. Stepping outside the rules can result in legal exposure and the possibility of an employment law case against you. Employees have employment rights which must not be breached during the process and you must ensure you conduct a fair process.
The Canavan Byrne Team can help you navigate through the process of grievance and discipline. Our specialist team has both expertise in Employment Law and in the Early Years industry which sets us apart from other HR companies. We understand the nuances of working with children and the importance of children rights.