Employee Relations - Assessment

Read the scenario and prepare a comprehensive report. The report should include the following tasks:

1. A critical argument on the role of discipline in managing employee relations. Augment your discussion with practical implications. You should ideally provide examples to support your discussion.

2. Discussion on the impact of discipline on the psychological well-being of employees and discuss the determinants of an effective disciplinary process.

3. Case analysis: Factoring in the above discussion, apply ACAS (Advisory, Conciliation and Arbitration Service )- code of practice on disciplinary and grievance procedure, to address the following:

a. Analyse the disciplinary proceeding outcomes- Is David's decision a fair one? Justify your position.

b. Was the disciplinary process initiated as per ACAS? Comment your views with logical arguments.

c. If you were David, what will be your decision for the above scenario? Can Frank appeal through grievance? Critically argue your views.

Please note: To analyse the case, in addition to ACAS, you can also use the local/regional legal frameworks.

Scenario:
Mr. Frank works as a control officer at XATA Limited as control officer from February 2006 until his summary dismissal on 19 December 2013. On 8 November 2013, the employer held a celebratory event at a Hotel. Staff were informed that this was a work event, to which normal standards of behaviour and conduct would apply, and any misbehaviour would be subject to the employer's procedures and guidelines. It appears that the celebration "was clearly branded as an XATA event". The event started at 7pm but Mr. Frank was not normal and he was intoxicated, even before the start of the event. Another employee, Mr. Lee (whom Mr. Frank knew), also attended the event, was also intoxicated. Early on in the evening, there was an incident between the two men, which involved Mr. Lee kneeing Mr. Frank in the back of the leg and in tum, Mr. Frank gave Mr. Lee a firm stare. Later in the evening, Mr. Lee kneed Mr. Frank in his leg again and in response, Mr. Frank punched Mr. Lee on his face. Mr. Frank and others went on to a club after leaving the celebration. Mr. Lee waited outside the club venue and texted Mr. Frank seven times in total, threatening to "harm him". He invited Mr. Frank to leave the club and said he would follow him and beat him up. However, no further incident occurred between the two and it seems Mr. Frank did not receive Mr. Lee's texts until the following day.

The employer instituted disciplinary proceedings against both men. Among other things, Mr. Frank was accused of punching Mr. Lee and engaging in "behaviour which had the potential seriously to impair the reputation of the firm". Mr. Frank claimed that Mr. Lee had inflicted a dead leg by kneeing him and that he had "lashed out in self-defense". After adjourning the disciplinary hearing until 18 December to make further enquiries, the manager involved (Mr. David) summarily dismissed Mr. Frank for gross misconduct with effect from 19 December. His appeal was dismissed. Mr. David also conducted the disciplinary proceedings against Mr. Lee. He concluded that, although his texts were "of an extremely violent nature and wholly inappropriate", they were made as an immediate response to being punched. He imposed a final written warning on Mr. Lee.