Author: HR fleek Administrator

Discipline is the orderly behavior of an individual in any activity. In the context of the workplace, discipline means adhering to guidelines laid down in the company policy and procedures manual. It is the orderly conduct of affairs by the employees of an enterprise. According to William R. Spriegal, “Discipline is the force that prompts an individual or group to observe rules, regulations, and procedures that are deemed necessary to the attainment of an objective.” Disciplined persons achieve success on every front, disciplined employees follow through with their deliverables in return for achieving a company’s strategic goals. Even wars are won by disciplined soldiers. 

Indiscipline on the other hand is the act of misconduct in the workplace, when the employee ignores the established rules and doesn’t follow them. It is a lack of discipline or lack of control. The act of indiscipline occurs for many reasons, some of them may be personal, but many are related to the socio-economic factors of the time.

The following are the common causes of indiscipline: 

1. Unfair Management Practices

Undesirable management practices, policies, and activities such as employment of spies, undue harassment of workers with a view to creating fear among them, an autocratic attitude of supervisors towards their subordinates, wage discrimination, non-compliance with promotional policies and transfer policies, discrimination in allotment of work, defective handling of grievances, delay and payment of low wages gradually result in indiscipline among employees. 

2. Violation of Rights of Employees

Employees are human beings who have certain rights which should not be violated in any case. Some of these rights are, that they must be treated with respect, they should be allowed to express themselves or raise their voice, the right to contribute to the best of their abilities, the right to justice, the right to security of service, and right for self-development. If these rights are violated and suppressed employees feel dissatisfied. Discontent then prevails leading to gross indiscipline. 

3. Varying Disciplinary Measures

Consistent disciplinary actions must be there in the organization to provide equal justice to all employees. At different times and for everyone, the same standard of disciplinary measures should be taken otherwise it may give rise to growing indiscipline as it creates an atmosphere of favoritism.  

4. Inadequate attention to personnel problems

Delay in solving personnel problems develops frustration among individual workers. The management should be proactive so that there is no discontent among the workers. It should adopt a parental attitude towards its employees. However, it should be noted that no relationship can continue for long if it is one sided. Employees should also live up to their commitments and be reasonable in their demands. 

 5. Absence of Code of Conduct

Lack of properly drawn rules and regulations, or the existence of rules and regulations which are so impracticable that they cannot be observed; and the absence of service manuals and a code of behavior are a leeway to employee indiscipline due to the absence of direction on how employees should carry themselves and engage in an organization. This creates confusion and also provides the chance for discrimination while taking disciplinary action. A code of conduct is fundamental being a set of rules outlining the responsibilities and proper practices for an individual or organization.  

6. Absence of Grievance Settlement Machinery

The employee grievances cannot be put off by deferring or neglecting their solutions. The grievances should properly be inquired into and settled by the managers in a reasonable period. Neglect of grievances often results in reduced performance, low morale, and indiscipline among the employees. Strikes and work stoppages stem in many cases from the utter neglect of employee grievances. 

 

Conclusion 

Unless your company handbook prohibits indiscipline among employees, it may not be clear that you view this as misconduct. It is wise or rather mandatory to provide employees with detailed policy and procedure manuals outlining discipline expectations and consequences for infractions.  

 

 

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Did you know?

People with albinism synthesize vitamin D five times faster than dark-skinned people. Since vitamin D is produced when
ultraviolet-B light enters the skin, the lack of pigmentation means light can enter more easily.

It is estimated that in Africa 1 in every 5000 people has albinism. This rate is even higher in Tanzania where 1 in every 1400 people has albinism. Albinism is a rare, non-contagious, genetically inherited condition occurring in both genders regardless of ethnicity, and in all countries of the world. The rare hereditary condition occurs when the body fails to produce enough melanin, which in turn affects the color of the skin, hair and eyes. Both parents must carry the gene for it to be passed on even if they do not have the gene themselves.

 

What Challenges do Persons with Albinism
(PWAs) Face?

There are many myths and superstitions surrounding PWAs,  which has led to many of them being attacked and killed. In African countries where the general population has dark skin, hair and eyes, PWAs stand out making them easy targets for taunt and discrimination. In some parts of East Africa, witch doctors hunt them to harvest their body parts. In addition, Albino Women face the risk of being raped by HIV-positive men who falsely believe that having sex with them cures HIV. This has ended up infecting women with albinism with HIV.

 

Skin cancer is also common among persons with albinism in Sub-Saharan Africa, Most PWAs will die from skin cancer by the age of 40. The absence of melanin in their skin leaves them vulnerable to sun exposure, therefore basic health education is necessary on how they can protect themselves using sunscreen and sun-protective clothing.

Most PWAs are visually impaired and are classified as “Legally Blind”. Melanin is critical to the normal development of healthy eyes, therefore the reduced amounts lead to multiple eye defects such as; photophobia(inability to withstand glare and sun/light), foveal hypoplasia(Underdevelopment of the eye’s internal surface), and nystagmus(Involuntary eye movements resulting in reduced or limited vision).

In the education system, PWAs are often teased for their appearance and their low vision is not accommodated. This results in a high school drop-out rate, leaving most of them unskilled and unequipped for jobs. This leads them to do Menial Jobs Including jobs that expose them to the sun and resigns them to a life of poverty and deprivation.

 

What is the Kenyan Government Doing to Accommodate People with Albinism

1. In 2011 the government launched a sunscreen program to provide sunscreen to all PWAs in Kenya. The National Council for Persons with Disabilities has been implementing this program by providing one bottle of sunscreen lotion and lip balms per month to every registered persons with albinism
2. Students with albinism are given 30 extra minutes to complete examinations
3. The constitution of Kenya provides at least 5% of members of elected and appointed bodies should be persons with disabilities. This has seen the appointment of two PWAs; Hon Isaac Mwaura(who is currently a Nominated Senator), and Justice Mumbi Ngugi (a judge of the High Court).

 

Plans are however Still pending to amend the persons with disabilities Act(2003) to include persons with albinism. This will officially and legally classify PWAs  as persons with disabilities and oblige reasonable accommodation in key settings such as school and the workplace

June 13 is the International Albinism Awareness Day, let us celebrate and protect all persons living with disabilities

 

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WHY RUSHING TO COURT IS NOT AN OPTION

Since 2013 when county governments were operationalized, taking the place of what were municipal councils, town councils and city councils, there has been many employment grievances pitting the new levels of government with employees. The issues raised range from unfair termination, discrimination, sexual harassment, lack of payment, to low pay and lack of promotion.

 

A simple search for employment issues in counties on search engines bring out a plethora of hits. As with all disputes knowing the procedure for redress is key

The Public Service Commission is the first port of call

An aggrieved employee of a county government must first exhaust the appeal process at the Public Service Commission as provided under the County Governments Act and the Public Service Commission Act, one cannot come to Court in the first instance. Section 77 of the County Government Act provides as follows:

(1) Any person dissatisfied or affected by a decision made by the County Public Service Board or a person in exercise or purported exercise of disciplinary control against any county public officer may appeal to the Public Service Commission (in this Part referred to as the “Commission”) against the decision.

(2) …)

 

(3) An appeal under subsection (1) shall be in writing and made within ninety days after the date of the decision, but the Commission may entertain an appeal later if, in the opinion of the Commission, the circumstances warrant it.

 

From the above section the Court lacks original jurisdiction because the county employees, trade unions, or the employer are required to first apply for review to the Public Service Commission.

Additionally, section 77 of the County Government Act, is couched in mandatory terms with the operative word being “shall”.

Where a statute provides a remedy to a party, the Court must exercise restraint and first give an opportunity to the relevant bodies or State organs to deal with the dispute as provided in the relevant statute. This principle was well articulated by the Court of Appeal  in Speaker of National Assembly vs. Njenga Karume [2008] 1 KLR 425, where it held that;

 

“In our view there is considerable merit…that where there is clear procedure for the redress of any particular grievance prescribed by the Constitution or an Act of Parliament, that procedure should be strictly followed.”

 

Section 77 of the County Government Act has been affirmed by the Court of Appeal in Secretary County Public Service Board & Another –Versus- Hulbhai Gedi Abdlle [2016] eKLR where it held that the petitioners ought to exhaust the appeal jurisdiction before the Commission as provided in section 77 of the County Governments Act and Article 234(2) (i) of the Constitution.

Related to the above is Section 87 (2) of the Public Service Commission Act, 2017 which states,

“A person shall not file any legal proceedings in any Court of law with respect to matters within the jurisdiction of the Commission to hear and determine appeals from county government public service unless the procedure provided for under this Part has been exhausted.”

Section 89(1) of the Public Service Commission Act provides that any person who is affected by the decision of the Commission made under this Part may file the decision for enforcement by the Employment and Labour Relations Court provided for under Article 162 (2) (a) of the Constitution.

Against that backdrop, the Public Service Commission (County Government Public Services Appeals Procedures) Regulations, 2016 has been passed to provide for elaborate procedures for hearing of appeals in respect of county public service. The regulations provide that where the appeal is heard orally, then both the appellant and the respondent shall be given an opportunity to be heard and where necessary to present witnesses.

Conclusion

To avoid the perils of costs for suits dismissed for lack of jurisdiction, delayed justice, and lack of reprieve once a matter becomes time barred, familiarity with the procedure for addressing grievances by county government employees is very important. As the saying goes, ignorance of the law is no defense.

 

In case of any queries and or enquiries on this or any other immigration-related matter do not hesitate to contact us on info@hrfleek.com