Within a business organization, the concept of "due process" means that, before disciplining an employee for violating some rule or policy, a business must follow a specific course of action established by that company. Sometimes, these policies are to a great extent dictated by law. Just as in the courts, these procedures are intended to guarantee that a person's rights are upheld. So if a manager hears from a supervisor that an employee has been consistently late for work or engaging in behaviors that affect their performance in the workplace, the company should have procedures in place for dealing with this situation. An investigation may be required, followed by a conference with the individuals involved. An employee might have to be presented with a memorandum that puts the accusation in writing. Counseling or other interventions might be required. These steps are put in place to formalize the process of managing a workplace and, even if not required by law, are important inasmuch as they help businesses avoid expensive wrongful dismissal claims. In short, people cannot be dismissed, or even substantively disciplined, without just cause, and due process must be followed to ensure, and document, that the employer's action is legitimate and justified.
https://www.shrm.org/resourcesandtools/hr-topics/employee-relations/pages/the-elements-of-due-process.aspx
Sunday, August 4, 2013
Explain the concept of "due process" in disciplinary action.
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