Disciplinary Procedure and Its Effects on Employees

CHAPTER ONE 1. 0INTRODUCTION 1. BACKGROUND The research focused on disciplinary procedures and its effect on employee’s performance. As we all know that discipline is the major factor to be considered in every human being and in every aspect of life, and so are disciplinary procedures are regarded as a critical tool for management to succeed. Many people associate disciplinary procedures with negative feedback. If implemented properly, these procedures will positively affect the relationship between a manager and their employees.

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Employees embrace accountability and it actually improves employee job satisfaction. Correcting employee performance issues is a procedure. Effective interpersonal communication, written communication and the management skills list must be utilized to assist the employees. Poorly implemented procedures may negatively impact work place performance. The following must be present for employees:- I. Clear expectation must be established before disciplinary procedures can be implemented; the employees have to know exactly what is expected of them. (Job description outlining is expected).

II. Process, good employees will not perceive corrective procedures negatively if there is a clear process. Managers must implement a process that addresses issues before they create a problem. III. Consistency, managers must be committed to put forth the time and effort required to properly implement the procedures. Employee issues must be addressed consistently to be successful. IV. Follow up / feedback, disciplinary procedures must provide employees feedback on their progress when asked to correct and issue managers need to address and follow up on. 1. STATEMENT OF THE PROBLEM

In this research study it is noted that various organizations have their own codes of conduct and ethics intended to establish standards of ethical conduct of employees and to be applied consistently with the organizational requirements. The research study reveals that despite all the measures which had been taken and implementing of the disciplinary procedures to correct unacceptable behaviors, regulate standards of conduct, incapacity and to adopt a progressive approach in the work place it was found that there is little or no effect on employee’s performance.

Most of the employees tend to concentrate on their own personal interest in one way or the other. Some were in very deep thoughts and worries of fears for being not sure of their future of tomorrow! Some were worried about expenses of life, ie bus fares for coming to work the following day, worried about personal financial problems as they lack motivations from their employer. 2. PURPOSE OF THE STUDY I. The purpose of the study was to find out the effects of various disciplinary actions on employee and their effects on performance. II. To evaluate the disciplinary procedures and its effect on employees performance. III.

The study will also feature the process and requirements for the right employees to be discipline. 3. RESEARCH OBJECTIVES I. To enhance employee’s independence to enable the organization carries out its key functions effectively. II. To determine the relationship between the disciplinary procedures and employees performance. III. To establish the indicators of employees performance. 4. RESEARCH QUESTIONS I. What are the different procedures used to discipline workers in organization? II. What are indicators of employee’s performance? III. What is the relationship between the disciplinary procedures and employees performance. . ASSUMPTIONS OF THE STUDY. I. Lack of cooperation The researcher assumes that not all the employees would be willing to co – operate well and disclose the correct relevant information. II. Favorable climate The researcher assumes that there would be good atmosphere and weather condition that would allow her / him conduct his research study at the right given time. III. Cost and expenses The researcher assumes that the research study would not cost him a lot that it would not be too expensive to conduct. IV. Time bias The researcher assumes that the time would not be a hinderer’s factor to the study.

V. Research study The researcher assumes that he / she would be able to conduct his / her case study and be able to gather relevant information as the study itself is very interesting. 6. SIGNIFICANCE OF THE STUDY The study would benefit the following:- I. THE ORGANIZATION The research study would benefit much the organization and the courts In that it would be able to sort out its problems and adopt a progressive approach in the work place, and hence the increase in performance and the productivities as well reduce sickness and a lot of absenteeism. II. THE EMPLOYEES

The research study would benefit the employees in that the employees who can gain access to employment explore career opportunities, raise their wages and salaries reduce their cost of living and balance effectively the demand for work and home. III. FAMILY MEMBERS The study would benefit family members’ n increasing attention and care to their families rather than worrying about their future which was insecure with the current system of governing. 7. SCOPE OF THE STUDY The research study will be conducted at the Mombasa High Court in Coast Province of the Republic of Kenya. It will compromise of all the Judicial Staff (paralegal staff). . LIMITATION OF THE STUDY The research study in this field has limitation in the area / region of study as it’s mainly in the region of Mombasa where we have only two courts. Mombasa High Court and Tononoka Children’s Court. I. The schedule time for the research would not enable the researcher collect enough information since the topic was too wide. Therefore, it would lead to limiting the methods of collecting data to meet the time limit. II. Financial problems would hinder the researching success as the researcher would be required to travel around as the researching areas are not at the same location.

III. Due to confidential information the researcher would not be able to get the proper information as some employees would hide their problems for fear of being dismissed / expelled from their work. IV. Lack of proper and adequate information due to fear of being quoted for revealing the office information which somehow is a secret and were forbidden to reveal. 9. OPERATIONAL DEFINATION OF TERMS I. Disciplinary procedures a) Is referred to as the systematic ways / instructions set by the employer to guide, regulate stands of conducts and incapacity within an organization. ) It can also be referred to as a set of rules and regulations set to correct unacceptable behavior and adopt a progressive approach in the work place. II. Employees performance Is referred as the accomplishment of a given task measured against present known standards of accuracy, completeness, cost and speed to the workers by the employers. III. Effect Is referred to as a result or change of something. IV. Discipline Is referred to as an action or behavior on the part of the authority is an organization (usually management) aimed at restraining all employees from behavior that threatens to disrupt the functioning of the organization.

V. Motivation Is referred to as the driving force by which human achieve their goals. VI. Employee Is referred to as someone who works in a firm or organization and is being paid regularly on monthly basis. VII. Organization Is referred to as a social unit of people, systematically structured and managed to meet a need or to pursue collective goals on a continuing basis. VIII. Procedures Is a chronological sequence of steps to be undertaken to enforce a policy and to attain an objective. It lays down the specific manner in which a particular activity is to be performed.

IX. Performance Is referred to as the accomplishment of a given task measured against preset known standards of accuracy. CHAPTER TWO LITERATURE REVIEW 2. 0 INTRODUCTION This chapter will analyze views from several authors related to disciplinary procedures and its effects on employee’s performance. The chapter has four sections which include a theoretical literature review, empirical literature review, critical review, gaps in the literature and the summary of the specific objectives of the study. 2. 1 THEORETICAL LITERATURE REVIEW

Dr. Kjervik – 1984 stated that, the goal of progressive discipline is to improve employee performance. The process of progressive discipline is not intended as a punishment for an employee to overcome performance problems and satisfy job expectations. Discipline is most successful when it assists an individual to become an effectively performing member of the organization. Discipline refers to the actions imposed by an organization on its employee’s failure to follow the organizations rules standards or policies.

Traditional approaches to discipline, based on punishment are known to promote adversarial relationships between leaders and followers. A More effective approach now being used by many organizations recognizes good performance and encourages employee commitment to the organization and its goals. Once the employees sees the discrepancy between actual and expected performance, the burden is with more positive approaches to discipline, organizations still need to have some form of disciplinary procedures, whether formal or informal, that carries successive stiffer penalties for repeated or more serious offenses. . 2 EMPIRICAL FRAME WORK 2. 2. 1 ESTABLISHING AND COMMUNICATING WORK RULES Disciplinary procedure is to establish work rules that are in line with the organization’s goals or objectives. These work rules become the basis for disciplinary actions when the rules are broken. They are generally established jointly by management, the organization’s Human Resource unit and employees who should have an opportunity for input to ensure that rules are fair and can reasonably be followed. Work rules are directly related to work behavior and productivity.

Employees who continually violate the rules that have been established even though employees might have had input in the development of the final version. The organization’s work rules should be presented in a printed format, and each employee should be given a copy. This is usually accomplished in the form of an employee handbook. The handbook may have other information but the work rules are a critical part of it. In some organizations, these work rules are discussed at meetings, seminars or training sessions. Employees with long tenure in the organization typically review the rules periodically.

Work rules should be reviewed from time to time and if necessary, revised. If an organization makes major changes in the way it operates because of new equipments, expansion or construction or new ownership, it would need to revise its work rules accordingly. Small companies with only a few employees also need to have written work rules, such companies may not have an employee handbook, but it is still wise for the rules to be written down and presented to each employee. Additionally, these rules may be posted in spot where all employees can read them easily. 2. 2. EVALUATING EMPLOYEES In the employee evaluation process, either formal or informal, behaviors requiring disciplinary actions are often revealed. Informal evaluation might occur at all times as supervisors monitor employees. Formal evaluations of each employee should be completed regularly so that deficiencies can be discovered and discussed with the employee. When employees violate work rules, a change of behavior is sought, although small companies with only a few employees may not use a formal written evaluation, it is still important that employees be evaluated regularly.

Small companies may find it easier to take corrective actions than large companies because of the closeness of the supervision to each of the work situations. In contrast a supervisor in a large organization might be responsible for fifty, a hundred or more workers. When employees break the rules of the organization, they often need assistance to change their behavior so as to operate within the established parameters. Counseling and coaching could be a part of this process but they usually take place prior to disciplinary actions.

If employees change their behavior as a result of disciplinary actions and confirm to the established work rules, there is no need for further discipline if a change in behavior does not occur then a harsher disciplinary procedure will need to be implemented. The need to resort to disciplinary procedures maybe lessened by:- a) Smart hiring using background checks and extensive interviews. b) Performance evaluations with clear goals and objectives. c) Training and development to improve skills and increase performance. d) Rewarding performance and goal achievement. 2. 2. 3 USING THE DISCIPLINARY PROCEDURE

Although most employees do follow the organizations rules and regulations there are times when the employer must use the discipline procedure. Frequent reasons for using the procedure include the following:- a) Absenteeism b) Abusing customers c) Abusive language towards supervisor d) Assaults and fighting among employees e) Causing unsafe working conditions f) Damage or loss of machinery or materials g) Dishonesty h) Disloyalty to employer (includes competing with employer, conflict of interest) i) Falsifying company records (including time records, production records) j) Falsifying employment application k) Gambling l) Horseplay ) Incompetence (including low productivity) n) Insubordination o) Leaving place of work without permission (including quitting early) p) Loafing q) Misconduct during strike r) Negligence s) Obscene or immoral conduct t) Participation in a prohibited strike u) Possession or use of drugs or intoxicants v) Provence or abusive language (not toward supervisor) w) Refusal to work overtime x) Sleeping during work time y) Slow down z) Theft threat or assault of management representative. A formal disciplinary procedure usually begins with an oral warning and progresses through a written warning suspension and ultimately discharge.

Formal disciplinary procedures also outline the penalty for each successive offense and define time limits for maintaining records of each offense and penalty. For instance tardiness records might be maintained for only a six month preceding the offense would not be considered in the disciplinary action. Less formal procedures generally specific the reasons for disciplinary action as being for just or proper cause. Preventing the disciplinary procedure from progressing beyond the oral warning stage is obviously advantageous to both the employee and management.

Discipline should be aimed at correction rather than punishment. If the behavior can be corrected by a friendly talk between the supervisor and the employee, there is less chances that the problem will become a source of bitterness. Formal oral or written warnings are less likely to cause animosity than would a suspension. Of course the most costly and least acceptable form of disciplinary procedures should be viewed as a means of encouraging employees to abide willingly by the rules and standards of the organization. The importance of having a procedurally correct performance evaluating system receives constant emphasis.

There is a need to adopt procedural due process for performance evaluation system in order to rate employee. Job performance accurately because those ratings might be challenged, legal problems regarding employee disciplinary measures can be prevented by making sure that these measures follow prescribed guidelines such as these:- a) Employees are given advance notice of disciplinary action. b) Disciplinary rules are reasonable. c) Offenses are properly investigated. d) Investigations are conducted objectively. e) Rules are enforced equally. f) Penalties are related to the severity of offenses. 3. 2. 4 LABOR UNION

Numerous employees in the United States are represented by Labor Union. In a unionized organization, the supervisor is the primary link between the organization and union members. The supervisor’s first responsibility is to uphold the interest of management. At the same time, the supervisor must fulfill the contractual obligations of management and see that the union fulfills its obligations. Collective bargaining between management and the Union determines terms of worker contracts legal documents that cover a specified periods of time. Union contracts include provisions for a worker grievance and disciplinary procedures.

For example, the Union Contract may stipulate that an employee can be disciplined for just cause. To fulfill this provision, management must develop a system of discipline that supervisors must follow. 2. 3 FEATURES OF AN EFFECTIVE DISCIPLINARY PROCESS A disciplinary procedure is directed against the worker’s behavior rather than person. Key features of an effective process include the following principles of disciplinary workers. The length of time between the misconduct and the discipline should be short. For discipline to be most effective, it must be administered as soon as possible, but without making an emotional irrational decision.

Disciplinary action is preceded by advance warning. Nothing rule infractions in an employee’s record is not sufficient to support disciplinary action. An employee who is not advised of an infraction is not considered to have been given a warning. Nothing that employee was advised of the infraction and having the employee sign a discipline form are both valid employment practices. Failure to warn an employee of the consequences of repeated violations of a rule is a frequently cited reason for overturning a disciplinary action. Consistency in the disciplinary procedure is key.

Inconsistency lowers morale, diminishes respect for the supervisor and leads to grievances, consistency does not mean that an absence of past infractions. Long length of service, a good work record and other mitigating factors should not be considered when applying discipline. However, an employee should feel that under essentially the same circumstances any other employee would have received the same punishment / penalty. Supervisors should take steps to ensure impartiality when applying discipline. The employee should feel that the disciplinary action is a consequence of behavior, not of personality or relationship to the supervisor.

The supervisor should avoid arguing with the employee and should administer discipline in a straight forward, calm manner. Administering discipline without anger or apology and then resuming a pleasant relationship aid in reducing the negative effect of discipline. Ordinarily, the supervisor should administer discipline in private. Only in the case of gross insubordination or flagrant and serious rule violations is a public reprimand desirable. Then a public reprimand helps the supervisor regain control of a situation. Even in such situations. However, the supervisor’s objectives should be to regain control not to embarrass the employee.

The supervisor should warn the employee of the result of repeated violations. Sometimes suggestions to the employee on ways to correct behavior are beneficial. Supervisors should be very reluctant to impose disciplinary suspensions and to discharge workers. Usually discipline of this degree is reserved for higher level of management. However, even though supervisors usually lack power to administer disciplinary suspensions or to discharge workers, they are nearly always the ones who must recommend such actions to higher management. Finally, it is necessary to document the action taken and inform others in the organization.

Anytime an organization takes disciplinary action. It must consider the possibility of an equal employment opportunity complaint. The documentation should be sufficiently detailed that another manger at a similar level in the organization would come to the same. Conclusion or least sees clearly why the decision was made. Sufficient documentation does not mean that every detail of an individual’s work needs to be recorded; rather the manager should keep accurate records of those elements that significantly contribute to or hamper the work effort.

In addition the information both positive and negative should be communicated to the employee either orally or in writing. 2. 4 SUMMARY If a company is to have successful employee disciplinary procedure, both the organization and the manager have important roles to play, in practice, companies assume the responsibility of establishing rules, communicating them to employees, and developing a penalty system for enforcing them. The manager’s role in the disciplinary procedure is distinct from that of the organization, yet the two overlap and support each other.

Managers are responsible for implementing the organization’s discipline procedure. This requires them to do several things. They must compare their employee behavior to determine whether a rule has been broken they must determine whether they have sufficient proof that the employee did indeed break the rule they must decide what corrective action should be taken and then take it and must document what aver action is taken. To the extent that all mangers perform these steps effectively the disciplinary procedures will be effective and there is a very good chance that employee behavior on the job can be significantly improved. A series of activities which first enable working people and their employing nature of their working relationship and secondly ensure that the agreement is fulfilled” (page 49 While Miller 1987) suggests that HRM relates to “…. Those decisions and actions which concern the management of employees at all levels in the business and which are related to the implementation of strategies directed towards creating and sustaining competitive advantage” (page 352). “All employees are expected to meet performance standards and behave appropriately in the workplace.

Disciplinary or corrective action is a process of communicating with the employee to improve unacceptable behavior or performance,” chapter 23: a performance management disciplinary procedure is a critical tool for management to succeed. Many people associated disciplinary procedures with negative feedback. If implemented properly these procedures will positively affect the relationship between a manager and their employees. Employees embrace accountability and it actually improves employee job satisfaction. Correcting employee’s performance issues is a procedure. 2. MANAGEMENT SKILLS Interpersonal disciplinary procedures are critical tool for management to succeed. Mike Moyer in his article “Establish Accountability with disciplinary procedures! ” suggested that poorly implemented procedures may negatively impact workplace performance and he advised the following must be presented for the employees:- 2. 5. 1 Clear Expectations Clear expectations must be established before disciplinary procedures can be implemented. Employees need to know exactly what is expected of them. Employees should have detailed job description outline expectations. . 5. 2 Key performance Indicators should be developed to measure the performance of the activities outlined in the employee job description where possible. Company policies must be present to address expectations of the employee to understand exactly what is expected of them. Only once a business has established expectations will managers be effective correcting employee issues. 2. 2. 3 Process Good employees will not perceive corrective procedures negatively if there is a clear process manager must implement a process that addresses issues before they create problems.

Disciplinary procedures should begin with coaching and end in termination. Managers must identify issues at an early stage, address them and place the accountability on the employee to correct the issue. Many managers fail to put forth the effort early in the coaching stages until an issue becomes a real problem. Management is responsible for creating a process for discipline and managers are accountable to their employees to identify issues before they become problems. Employees must have a process to have the opportunity to correct issues positively.

Only once an employee acknowledges your needs and chooses not to fulfill them should the feedback become negative. 2. 5. 4 Consistence Managers must be committed to put forth the time and effort required to properly implement the procedures. Employee issues must be addressed consistently to be successful. If managers do not consistently address employee issues, employee will not consistently acknowledge your need. The relationship is mutually beneficial and consistently builds trust. If your employees believe they will be addressed anytime there is an issue they will seek out feedback before issues result creating efficiency.

Employees need to know what to expect to be happy. Addressing employee issues consistently allows them to perform their job functions stress free as they understand the process. Simply knowing a process exists to prevent performance issues is comforting to employees, but it must be followed consistently. 2. 5. 5 Follow up / Feed back Disciplinary procedures must provide employees feedback on their progress when asked to correct and issue. Managers are not effective unless issues are addressed and followed up on.

When managers ask employees to correct behavior, the employee requires feedback from the manager to confirm the issue has been resolved. As managers are also employees, they are not different. As we ask them to acknowledge our needs we must provide them feedback on their progress. Feedback must be present in the process. Follow up meetings. 2. 5. 6 Performance Appraisals Performance appraisals or coaching sessions should be performed consistently by managers’ to be effective, not providing your employee feedback creates the perception that it may not be important to you as a Manager.

Many small companies find themselves growing quickly. As employees are added so must the procedures to allow managers to be effective. Disciplinary procedures are one of many critical tools a manager needs to be successful. Large companies may have procedures in place but training their managers to utilize them effectively is often overlooked. Management is hard work. Any one is capable of terminating an employment relationship but good managers motivate, coach and discipline their employees when needed.

Employees are lost every day due to managers that don’t put forth the effort and consistency into the beginning of the disciplinary process. Successful managers utilize these procedures to maximize employee performance reducing turnover training costs. 2. 5. 7 Corrective Action When it is evident that an employee is not performing up standards, supervisors need to take corrective action. The extent of the corrective action will be determined by the seriousness of the situation. The corrective action could be verbal warning up to and including, termination.

An example of instances which require immediate termination include, but is not limited to theft or dishonesty, gross insubordination, destruction of organization property, falsification of management personnel records, acts of moral turpitude, violation of drug and alcohol abuse policy, disorderly conduct and any other act from which the employee’s continued employment is deemed not in the best interest of the organization. 2. 6 INADEQUATE WORK PERFORMANCE Progressive correct action, supervisors must use a progressive approach to performance improvement.

Such an approach typically calls for:- a) A verbal warning and request improvement. b) A written warning. c) A final warning if the employee’s behavior is not corrected following the final written warning, termination will result in:- 2. 6. 1 Progressive Corrective Action Progressive corrective action is typically a five step process, when the unacceptable behavior is symptomatic of correctable behavior. This is a suggested approach. However, if the situation warrants the supervisor in consultation with HR many skip one or, more of these steps.

Prior to beginning the corrective action process. HR must be consulted. The five steps include:- a) A formal oral warning. b) A formal written warning. c) A formal final warning. d) A pre – termination hearing and e) Termination Employees being disciplined for poor performance should be given a minimum of 30 days to correct and or improve the performance before the next phase of corrective action is pursued. However, if an egregious infraction occurs before the end of 30 days the next step in the disciplinary process may be taken. Mike Mayer a German Sociologist. . 7 CONCEPTUAL FRAMEWORK (Theoretical Framework) As Benton Doulas A. (1998) stated the “Disciplinary procedures are regarded as a very important tool in any organization to succeed,” he went further stating that:- I. Disciplinary procedures motivate an employee to comply with the organization’s performance standards, failure to which an employee expects the disciplinary procedures to be taken or implemented on him / her. II. Disciplinary procedures create or maintain mutual trust and respect between the supervisor and subordinate.

The proper administration of discipline will not only improve employee behavior but will also minimize future disciplinary problems through a positive supervisor – subordinate relationship. III. Disciplinary procedures gives strength to the organization and make it respected and recognized b its workers as well as outsiders too. With these disciplinary procedures it’s the reason which unite all employers together therefore disciplinary procedures are good and well benefiting. 2. 8 EMPLOYEES OPINION If employees feel as though they have been unfairly treated, they experience emotions such as anger and resentment (Pinder 1998).

Procedurally unfair treatment has been found to result in retaliatory organizational behavior e. g. theft (Pinder 1998 Skarlick and Folger 1997). These results of unfair treatment of employees may also include lower production quantity and quality, greater absenteeism, greater turnover, less initiative, lower morals, lack of co – operation, spread of dissatisfaction to co – workers, fewer suggestions and less self confidence (Schmink and Arnaud 2005 Trecher and Rosses 2005). 2. 8. 1 THE ADVANTAGE For organization of a consistent disciplinary procedure are three fold. I. It contributes to the stability of the work force.

II. Labor turnover is minimized. III. It promotes productivity (Nelvan Dyke 2005) 2. 9 CONCLUSION The components are necessary for the effective maintenance of a disciplinary procedure and its effects on employee’s performance. Consultation or negotiation, communication with everybody concerned regarding the exact way in which the system operates and training of the individuals involved in a disciplinary process. The application of discipline should be immediate with warning, consistent and impersonal. Nelctal 2007 (Gorbler Ct at 2006) The judiciary strategic plans 2009 – 2012 judicial service code of conduct and ethics.

CHAPTER THREE 3. 0 RESEARCH METHODOLOGY 3. 1 INTRODUCTION This chapter is an outline of the procedure that the researcher used to collect, analyze and appraise data from the field so that to process them to the final outcome. 3. 2 RESEARCH DESIGN The research used was a descriptive research design so as to evaluate flexible working and organizational performance at the Mombasa High Court in Coast Province of the Republic of Kenya. 3. 3 POPULATION OF THE STUDY The Mombasa High Court has a total number of three hundred and twenty (320) Judicial Staffs who would form the population of this study. DESIGNATION |POST | |ACCOUNTS CONTROLLER |1 | |HUMAN RESOURCE MANAGER |1 | |LIBRARIAN |3 | |CHIEF EXECUTIVE OFFICER |2 | |SUPPLIES OFFICER |1 | |PERSONAL SECRETARY |3 | |SENIOR EXECUTIVE OFFICER |10 | |SENIOR ACCOUNTANT |4 | |EXECUTIVE OFFICER |22 | |ARCHIVIST |2 | |TELEPHONE SUPERVISOR |1 | |SENIOR

SHORHAND TYPIST |17 | |SENIOR EXECUTIVE ASSISTANT |21 | |SENIOR ARCHIVIST ASSISTANT |4 | |COURT BAILIFF |5 | |SENIOR DRIVER |2 | |DRIVERS |6 | |SECURITY WARDEN (USHERS) |10 | |SENIOR PROCESS SEVER |2 | |CHARGE HAND (ELECTRICAL) |1 | |PLUMBER GRADE III |1 | |STOREMAN |4 | |SENIOR CLERICAL OFFICER |21 | |REFRIGERATION (MECHANIC II /III) |2 | |PROCESS SERVERS |5 | |TELEPHONE OPERATOR II / I |4 | |CLERICAL OFFICERS / HIGHER COURT |36 | |SUBORDINATE |20 | |DISCIPLINARY COMMITTEE |2 | |SECRETARIES |8 | |TOTAL |222 | 3. 4 SAMPLE SIZE The percentage used is 38% out of the total number of the population in the section as shown in the table below:- SUBJECT |NUMBER | |MANAGEMENT NUMBER OF OPERATIONAL DEPARTMANT |1 | |SENIOR EXECUTIVE OFFICERS |4 | |SENIOR EXECUTIVE ASSISTANT |10 | |SENIOR SHORTHAND TYPIST |3 | |SENIOR ACCOUNTANT |2 | |ARCHIVIST |2 | |COURT BAILIFF |3 | |PROCESS SERVERS |3 | |TELEPHONE OPERATOR |2 | |SENIOR CLERICAL OFFICERS |6 | |SUBORDINATE |8 | |SECRETARIES |2 | |DISCIPLINARY COMMITTEE |2 | |TOTAL |48 | 3. 5 SAMPLING TECHNOLOGIES The researcher used stratified random sampling technique to carry out investigation where 38% was taken from the total population in the section in table 3. 4 3. 5. 1 ADVAANTAGES OF STRATIFIED RANDOM SAMPLING a) The method is defensive before supervisors b) It is objective and unbiased c) It may be combined and evaluated even though accomplished by different individuals. 3. 5. 2 DISADVANTAGES a) The method is time consuming. b) Stratified random sampling besides being time consuming is tedious. 3. DATA COLLECTION INSTRUMENT The questionnaire will be the main instrument used to collect data as its administration is at lower cost even when the universe is large it allows for anonymity of the respondents. If needed the respondents will have enough time to give well thought answers and it also allows use of large samples thus making the results more dependable and reliable. The questionnaire will be administered to all paralegal staffs. It will be dropped by the researcher and then picked later after they have been filled. 3. 6. 1 QUESTIONNAIRE According to this method standard list of questions relating to the research study is prepared. 3. 6. ADVANTAGES OF QUESTIONNAIRE a) Questionnaires are standardized so it is not possible to explain any point which is not relevant to the study. b) Potential information can be collected from a large portion of a group of people. c) It is relatively quick to collect information. d) It is open ended questionnaire so it can generate large amount of data that can take a long time to process and analyze. e) Respondents may answer superficially especially if the questionnaire takes a long time to complete. f) The responses are gathered in a standardized way, so questionnaires are more objective, certainly more so than interviews. 3. 6. 3 DISADVANTAGES OF QUESTIONNAIRES ) Questionnaires, like many evaluation methods occur after the event, so participants may forget important issues. b) Questionnaires are standardized so it is not possible to explain any points in the questions that participants might misinterpret. c) Open – ended questions can generate large amounts of data that can take long time to process and analyze. d) Respondents may answer superficially especially if the questionnaire takes a long time to complete. 3. 7 INTERVIEWS According to this method the investigator / the interviewer meets face to face with the interviewees and have conversations where the interviewer asks questions while the he collects information relevant to his / her study. 3. 7. ADVANTAGES OF INTERVIEWS. a) The information obtained is reliable and accurate. b) It is a good and quick method for intensive investigation. c) This method gives satisfactory results provided the scope of inquiry is narrow. 3. 7. 2 DISADVANTAGES OF INTERVIEWS a) The method is not suitable for extensive inquiry. b) It requires a lot of expenses and time. c) Bias approach on the part of investigator can damage the whole inquiry. 3. 8 DATA COLLECTION PROCEDURE The research simplified the population of 222 employees of the Judiciary (judicial staff) in Mombasa High Court. This was done among different kinds of people i. e. gender, creed, tribe, region etc

Then the population was reduced to 48 whereby each rand from management to subordinate. The 22% of total population maybe 48 employees (judicial staff) that these employees were distributed to them. The questionnaire responded to those questions at their own wish. The researcher collected findings or responses from these people put the graphs and charts to present the collected information. This was made possible because the researcher at first identified the site of the study, the population of the study, the sample size, this technique of sampling instruments of data collection. 3. 9 DATA ANALYSIS The collected data will be processed and analyzed.

As Kothari (2004) explains, processing Implies editing, coding, classification and translation of collected data so that they are Amenable to analysis. The term analysis on the other hand refers to the computation of certain measures along with searching for patterns of relationship that exist among data groups. Thus the data collected will be edited, coded, classified and tabulated after which it will be subjected to analysis. Proper analysis may be done using the statistical package for the social sciences as a tool. CHAPTER FOUR 4. 0 DATA PRESENTATION AND ANALYSIS 4. 1 INTRODUCTION This chapter presents the data collected from the field and the data analysis rocedure used to address the research questions of the study. In the presentation and analysis, this chapter was divided into two sections. The first section dealt and contained the descriptive analysis, and the second section contained observations and the summary. The purpose of the study was to find out the effects of various disciplinary actions on employees and their effects on performance, and this is a case study of the Mombasa Law Courts. To realize the above, the researcher sought to answer the following research questions:- i. What is the effect of disciplinary action on employees? ii. What is the effect of working environment on employees? iii.

What is the effect of the disciplined workers? iv. What is the work performance of the disciplined workers? 4. 2 DESCRIPTIVE ANALYSIS Data on the employees perception on disciplinary procedure affecting their commitment to their organizational was collected from 48 employees from different departments/ categories and two out of them being the committee members of the disciplinary committee panel of the Judiciary who attends the regular meetings for Judiciary service commission in this the population sampling of 48 employees 30 are Female and 18Males, which forms the response rate of 48 staffs. 4. 2 Background information of the employees TABLE 4. GENDER RESPONDENT TATE | |Respondent ( f ) |Percentage ( % ) |Degrees | |Male |18 |37. 5 |135 | |Female |30 |62. 5 |225 | |Total T |48 |100 |360 | Figure 4. 2 Gander Rate in Percentage [pic]Figure 4. 2 ‘B’ Gander rate in Degrees [pic] In both figures 4. 3 A & 4. b shows the rate of the gander, figure 4. 3 A shows there were 37. 5% male ( 135) and 62. 5 female (225) respondent who formed the total of sampling population. Both figures show that there were few male respondents as compared to female. Questionnaire Return Rate Different number of questionnaires had been issued to the different categories of respondents as shown below in Table 4. 1 Table 4. 1 categories of respondents |Categories of respondents |Number of questionnaires issued |Number of questionnaires returns|Percentage ( % ) | |Judicial stuffs |46 |41 |85. | |Judiciary committee |2 |2 |4. 2 | |Total |48 |43 |89. 6 | Figure 4. 1 Categories of Respondents [pic] According to the graph 4. 1, a total of 48 questionnaires were issued and 43 questionnaires were filled, completed and returned and this is translated to 89. 6% return rate which was considered to be appropriate for the research study and thus they were analyzed. SECTION B. QUESTIONNAIRE DIRECTED TO EMPLOYEES. TABLE 4. 3 SUBJECTED TO ANY KIND OF DISCIPLINARY ATTRIBUTES |RESPONDENTS |% PERCENTAGE |DEGREE | |Yes |11 |22. 9 |82. 4 | |No |37 |77. 1 |277. 6 | |Total |48 |100 |360 | [pic] In this figure 4 shows that 11 respondents were the employees who had been subjected to disciplinary action and 37 employees have not been subjected to any of the disciplinary action. The figure also reveals that 22. % of the employees were subjected to disciplinary action while 77. 1% were not. [pic] The figure shows the rate of the employees who have been subjected to disciplinary actions and those which were not. The figure shows that there was less rate of 22. 9% of the sampling population who had been undergone disciplinary procedures with good performance and have never been subjected to disciplinary action at all. 4. 4 TABLE 4. 4 SHOWS EMPLOYEMENT AGE |AGE |RESPONDENTS |% PERCENTAGE |DEGREES | |20 – 30 |11 |22. |82. 4 | |31 – 40 |19 |39. 6 |142. 6 | |41 – 50 |10 |20. 8 |74. 9 | |51 – ABOVE |8 |16. 7 |60. 1 | |TOTAL |48 |100 |360 | [pic] The figure 4. A is a bar graph showing the percentage age group of the population sampling. The graph shows 22. 9% were the age group of 20 – 30 39. 6%, group 31 – 40 20. 8%, group 41 – 50 and the last age group 16. 7% above 50 years old. Both graphs show that there was more middle aged group of the age 31 – 40 as compared to the rest followed by age group 20 – 30, 41 – 50 and few respondents from the age above 50 years old. 4. 5 TABLE 4. 5 MARITAL STATUSES |RESPONSE |RESPONDENTS |PERCENTAGE |DEGREES | |SINGLE |10 |20. 8 |74. | |MARRIED |30 |62. 5 |225. 0 | |DIVORCED |8 |16. 7 |60. 1 | |TOTAL |48 |100 |360 | [pic] [pic] Figure 4. 5 B is a pie chart showing the sizes of the marital statuses. There are more married respondents than single respondents and divorces. 4. 6 TABLE SHOWING KINDS OF THE ALEGATIONS AGAINST EMPLOYEES ATTRIBUTES |RESPONDENTS |PERCENTAGES |DEGREES | |Excessive absenteeism from work |4 |8. 3 |29. 9 | |Incompetence or poor performance |2 |4. 2 |15. 1 | |Regular or persistent lateness |3 |6. 3 |22. 7 | |Refuse to obey legitimate instructions, rules, policies etc |2 |4. 2 |15. | |Good |37 |77. 0 |277. 2 | |Total |48 |100 |360 | [pic] The figure shows the rate of those employees who have been alleged to have wronged / indiscipline. The graph shows 8. 3% have been alleged to have been having a record of excessive absenteeism from work. 4. 2 % were those employees who are incompetence / poor performance, 6. 3% were those employees with records regular or persistent lateness and 4. % were those with records of refuse to obey organizational policies and rules. [pic] The figure above shows that a bigger percentage of the employees are the employees with good performance records, as the diagram shows and the percentages of 4. 2% are those incompetence / poor performance and those who had refuse to obey legitimate instructions / rules policies, 6. 3% those with regular or persistent lateness while 77% were employees with good performance. This is all because of the disciplinary procedures which have been implemented on those who disobey. This also shows that with disciplinary procedures there is improvement in work performance. TABLE 4. 7 ATTENDANT DISCIPLINARY HEARING ATTRIBUTES |RESPONDENTS |% PERCENTAGE | |ATTENDED DISCIPLINARY HEARING |4 |8 | |NOT ATTENDED HEARING |42 |88 | |TOTAL |48 |96 | [pic] In this figure the graph shows the ratio of those employees who had attended the Disciplinary hearing. The graph shows that only 4 employees 8% of the sampling population did answer ‘Yes’ to that question while 42 employees which is equivalent to 88% had never attended disciplinary hearing. This shows that its very few number of the population study who had been having problems in the organization. 4. 8 TABLE SHOWING EARLIER DISCIPLINARY WARNING EMPLOYEES SUBJECTED TO EARLIER DISCIPLINARY WARNING ATTRIBUTES |RESPONDENTS |% PERCENTAGE |DEGREES | |Yes |13 |27. 1 |97. 56 | |No |35 |72. 9 |262. 44 | |Total |48 |100 |360 | [pic] 4. 9 DISCIPLINARY ACTION AGAINST EMPLOYEES |STEPS FOLLOWED |RESPONDENTS |%PERCENTAGE |DEGREES | |Verbal Warning |6 |12. |45 | |Written Warning |2 |4. 20 |15. 12 | |Final Written Warning |1 |2. 1 |7. 56 | |Termination |2 |4. 2 |15. 12 | |Disciplined |37 |77. 1 |277. 56 | [pic] 4. 10 Has the poor performance conduct continued following a disciplinary action? ATTRIBUTES |% PERFORMNACE | |YES |5% | |NO |95% | [pic] 4. 11 QUALITIES OF WORK DONE IN THE ORGANIZATION |Qualities |Results | |Fair |0 | |Good |12 | |Very good |20 | |Excellent |16 | [pic] 4. 12 Duration of period it takes to register, file and place the case for hearing for employees. PERIOD |NUMBER OF EMPLOYEES | |In a week’s time |26 | |Less than a month |12 | |Less than two months |10 | |More than a year |0 | [pic] 4. 13 IMPROVEMENT OBSERVED IN THE LIST – EFFECTIVE MEASURES MADE ON THE ORGANIZATION FOR EMPLOYEES. PERFORMANCE |NUMBER OF EMPLOYEES | |Good improvement in performance |40 | |Poor improvement in performance |8 | |No improvement in performance |0 | The graph shows the effect of the disciplinary procedures In that 38 employed which Is 79% of the employees good improvement and 10 out of the 11 disciplined employees have shown better improvement in performance that 62. 5% of the disciplined employees have reformed. [pic] 4. 14 EFFECTS OF DISCIPLINE PROCEDURES ON EMPLOYEES PERFORMANCE. EFFECTS |EMPLOYEES | |Fair performance |0 | |Good performance to those corrected employees |10 | |Good performance to all the employees in the organization |38 | |No improvement at all |0 | [pic] The graph shows the effects of the disciplinary procedures, in that 38 mployees which is 79% of the total respondent have been noted to have good performance and 10 out of 11 which is 90% have shown better improvement in the performance and that shows the reforming of the discipline employees. CHAPTER FIVE 5. 0 INTRODUCTION This chapter gives the conclusion made from the studies. It also gives the recommendations and the further studies to be carried out. 5. 1 CONCLUSION From the researchers findings it was a clear that the disciplinary procedures had the positive feedback. It positively affected the good relationship between the employer and employees, between seniors and juniors staff, peace and harmony prevailed at the place of work. Employees embrace accountability and its actually improves employee job satisfaction.

The indicator of the disciplinary procedures and work performance can lead to efficiency and have effective productivity which is brought b the team work and high rate performance. Finally the effects of the disciplinary procedures has led to better work performance, respect and works better conditions and high productivity and finally is the achievement of the organization goals. Progressive discipline catches an employee’s attention and when effective, helps the employee improve some aspect of his or her work. 5. 2 RECOMENDTIONS The following were the recommendation made before introducing disciplinary procedures in the organization, first identify the aims and objectives of the organization (Goals/vision) Organizations should come up with strategies to assist in removing barriers against the approaches to be used.

Organizations should notify all the employees of the disciplinary procedures and make clear expectation of the employees, must be established before disciplinary procedures can be implemented. The employees have to know exactly what is expected of them. Employees should be served with those rules regulations and policies or those office manual books which contain the cod of conduct of that firm. 5. 3 FURTHER STUDIES It is recommended that more studies to be carried out in order to come up with more strategies on disciplinary procedures and work performance; so as to create clearer and better ways to achieve the goals. APPENDIXES EMPLOYEMENT QUESTIONNAIRE ON DISCIPLINARY PROCEDURES INTRODUCTION My names are swafiya Saggaf Alawy, a student from MOMBASA POLYTECHNIC UNIVERSITY COLLEGE of MOMBASA.

The purpose of this questionnaire is to edict from the population views on disciplinary procedures and its effects on employee’s performance. The information requested here is for academic purpose only and will not be disclosed to any whatsoever, the academic purpose for the award of DIPLOMA IN HUMAN RESOURCE MANAGEMENT AND INDUSTRIAL RELATIONS PART 2. Your contribution will be highly appreciated and held confidential. INSTRUCTIONS Kindly answer the following questions by either ticking the appropriate box or by filling in the blank space provided. NOTE: You may add an additional page if the space would not be enough for your information. SECTION A

PERSONAL INFORMATION 1. Position held in the organization____________________________________ 2. Department ___________________________________________________ 3. How long have you been working in this position Below one year One-Five year 6-10 years11-15 years 16-20 yearsabove 20 years 4. AGE 21 years – 30 years old 31 years – 40 years old 41 years – 50 years old 51 years – 60 years old Above 60 years old 5. GENDER B Male Female 6. Marital Status Single Married Divorced Widow 7. Highest level of education Certificate Diploma Degree

Post graduate Professional Trained SECTION B DIRECTED TO EMPLOYEES 1. Have you ever been subjected to any kind of disciplinary action? Yes No 1. If yes, what was the allegation against you? Excessive absenteeism from work Incompetence (Including poor performance) Regular or persistent lateness Refuse to obey legitimate instructions/rules/policies Other obligations, ______________________________________ 2. If answers is “ none of them”, then state ____________________________________________________________ _______ 3. Have you attended a disciplinary hearing? Yes No 4.

Did you have any earlier disciplinary warning on your record? Yes No 5. What kind of disciplinary action (procedure) taken against you? Verbal warning Written warning Final written warning Termination 6. Has the poor performance/conduct/attendance has continued following a disciplinary action? Yes No 7. If yes explain why and what happened next ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ _____________________ 8. Have you ever failed to meet the necessary improvements?

Yes No 9. What is your improvement in performance output? Fair Good Very good Excellent 10. What is the quality of the work alone in your organization? Fair Good Very good Excellent 11. What duration of period does it take you from registering, filling and placing the case for hearing? In a weeks time less than a month Less than two months More than a year 12. What improvement have you attained from the absenteeism at work

Fair Good Very good Excellent 13. What improvement has been observed in the list-effective measures made on the organization? Good improvements in performance Fair improvements in performance No improvement at all 14. What are the effects of disciplinary procedures on employee’s performance? Fair Performance Good Performance No improvement at all Go Good Performance to all employees in the organization SECTION C DIRECTED TO THE DISCIPLINARY COMMITTEE 1. Has your committee ever disciplined on employee/employers? Yes No 2.

If yes, what were the allegations against them? Excessive absenteeism from work Incompetence (Including poor performance) Regular or persistent lateness Refuse to obey legitimate instructions/rules/policies Other obligations, ______________________________________ 3. If answer is “ none of these”, then state ____________________________________________________________ ____________________________________________________________ ______________ 4. Has your committee conducte