Development of rules and codes of conduct

The company aims to provide a good work environment for all team members. In
turn, it is reasonable to expect a good productive effort and the recognition of
responsibility on the part of team members. Each of us has the responsibility to
our fellow workers to conduct ourselves according to certain rules of good
behavior, conduct, and performance. In any business, some rules are needed to
help everyone work together by letting them know what they can and cannot do.
Hilton International expects its team members to abide by company rules. A
sample of work rules is listed, and team members are expected to understand,
and follow the rules (or code of conduct) in their day-to-day work.
Minor & Major Misconduct

Minor misconduct can be defined as an action that may have resulted through
negligence, carelessness or lack of care during the operation of their role. Minor
misconduct can be corrected with sufficient effort on the part of the team
member and guidance on the part of their supervisors.

Examples of minor misconduct are –

 Excessive use of company business phone or equipment for personal
business.
 Reporting late for duty without explanation, or leaving for home from work
at an earlier time without permission.
 Smoking, eating or drinking or chewing gum on company’s premises within
customer’s sight and during duty hours, or in unauthorized areas.
 Being discourteous or undignified towards fellow colleagues, customers or
others.
 Use of profane, vulgar or abusive language towards, or in the presence of
colleagues, customers or any others.
 Any misuse of company time.
 Bringing unauthorized persons onto company premises, especially to areas
of restricted access.
 Posting any notice, letter, etc on company premises, including bulletin
boards and e-mail broadcasts, without approval.
Major misconduct is more serious, and often reflects an action that jeopardises
or compromises the organization in a grave way. It includes unethical and
unlawful activities, conflicts of interest and violations of workplace health, safety
and security practices.

Examples of major misconduct are –

 Fighting or attempting bodily injury to another, threatening, intimidating,

coercing or interfering with other team members on the company
premises, whether on or off duty.
 Carrying concealed weapons in or around the premises .
 Embezzlement and/or pilferage of company property or properties of
guests or fellow team members.
 Theft, attempting theft or removing from company premises, materials,
equipment, tools or any other property of the company, another colleague,
or customer, any item(s) not deemed unequivocally “yours”.
 Dishonesty in any form.
 Malicious mischief resulting in the loss, injury, waste or destruction of
property belonging to other colleagues or the company.
 Negligence, carelessness or mischief that results in loss, damage,
breakage or destruction of property belonging to the company, customers,
or fellow colleagues.
  Gambling in any form while on company’s property.
 Sexual harassment of a co-worker.
 Evidence of consumption or possession of alcohol or dangerous drugs or
being under the influence of alcohol or dangerous drugs during assigned
working hours or on company premises, before or during assigned working
hours.
 Jeopardizing through negligence or carelessness, the safety of any other
person or placing the company in jeopardy of damage or loss.
 Failure to keep confidential any information that might benefit a
competitor or any other outside agency to the disadvantage of the
company.
 Repeated incidences of minor misconduct.
Major misconduct usually warrants dismissal from service. Dismissal from service
is treated differently from terminations as it has implications on what the
company’s obligations are in terms of severing the ties between the company and
the offender. For example, in some countries, in a dismissal for major
misconduct, it is not necessary for the company to pay the person a notice
amount.
Performance problem solving

Performance management is a positive process, and good systems will create a

culture in which success is recognized and rewarded. Nevertheless, poor
performance will exist. It may be a result of inadequate leadership, bad
management or defective systems of work, and if so, remedies (often involving
learning and development) can be put in place. But team members may under-
perform and improvements can be achieved through continuing feedback and
joint discussion between them and their managers, involving analyzing and
identifying the problem, establishing the reasons for the shortfall, and deciding
and agreeing the action to be taken. If all this fails, disciplinary action may need
to be taken.

Manager’s Responsibilities during the disciplinary process

Listening and treating team members fairly and with respect is especially
important during the disciplinary process. To successfully manage discipline in
the workplace, it is important that a clear procedure exists and is followed by all
members of the management team. The aim of the procedure is three-fold:
prompt resolution of the matter, fair and reasonable outcome for all affected
parties and a return to harmony in the workplace. There are typically two
categories involved with the team member discipline:

I. Misconduct
Misconduct involves unacceptable behavior by a team member such as fighting,
discrimination or harassment of co-workers, sleeping on the job, working under
the influence of drugs and/or alcohol, deliberate damage to company property,
stealing, extreme insubordination and breaching Occupational Health & Safety
regulations.

II. Poor Performance

Poor Performance involves a team member failing to reach acceptable levels of
work output or quality.

Procedural Fairness
Procedural fairness in the employment context is simply providing the affected
team member with the right to be heard before any decision which has the
potential to affect them is made, and further that the decision is made without
bias.
Therefore, the obligations of procedural fairness which exist in the context of an
allegation of misconduct or poor performance are for the employer to:
a. investigate the allegations thoroughly
b. provide the team member with the opportunity to respond (to the
allegations)
c. Ensure that all details forming the basis of the allegation have been
considered and that the decision maker is free from bias.

The following 10 steps must be taken to ensure procedural fairness:

1. Clearly expressed Standards

Where the misconduct constitutes a breach of Hotel policy, the policy must be
clearly stated, it must be disseminated to all team members, and the team
members must be made aware that a breach of the policy may result in the
termination of their employment.

The need for the policy to be understood by all team members may require that
information be made available in languages other than English. Ultimately, the
onus will be on the Hotel to show that its team members were aware of, and
understood, the disciplinary policies.

In performance-related cases, you must ensure that your team member has
received a thorough and documented induction into your department, and
received the necessary training and/or re-training of new and changed procedures
(also documented). This being the case, your team member should have a clear
understanding of the tasks to be performed and the level of performance
required.

2. Investigating the issue

Where a complaint or incident report is received, it is necessary for the Hotel to
act promptly. A failure to do so may be taken as an indication that the conduct is
not serious, or it is in the fact condoned by the Hotel.

There are two sides to every story, listen with an open mind and without pre-
conceived conclusions to all sides, before making any comments or drawing any
conclusions.

It is essential that a thorough investigation is undertaken and should include:

1. A statement from the person making the complaint. It is not a legal

requirement to have the complaint in writing and in some cases too formal
a process so you my elect to make your own notes during the interview.
2. Interviewing any other witnesses to the incident. Gather supporting
evidence, statements and facts before making any allegations.
3. Reviewing all documents relating to the incident, such as log books,
timesheets, and policies. Have these been upheld and used in similar
situations in the past and are the guidelines fair in this situation?
4. Reviewing the personnel file of the team member under investigation.

Other considerations:
a) The team member should be allowed to have reasonable representation, if
requested;
b) The investigation should be prompt and free from duress or coercion and the
investigator should be a person not connected with the subject matter of the
investigation – preferably a member of human resources or management
unconnected with the department
If any team member raises an issue in the team member’s own defence and that
issue can be investigated, or a witness can be interviewed in relation to it, then
the Hotel should endeavour to so, wherever possible.
If, in order to conduct its investigation properly, the Hotel needs to remove the
team member from the workplace, the team member should be suspended for a
short period of time on full pay (unless the employment contract provides
otherwise). This period of suspension should not be longer than the period
reasonably required to investigate the conduct. Unnecessarily long investigations
may be unfair because of the unnecessary stress and strain that place on the
team member. Hotels must also be careful, when suspending an team member
for the purpose of conducting an investigation, not to give anyone, including the
affected team member, the impression that a decision has been made that the
team member is guilty of the allegations made.

In addition, during the investigation, the Hotel should be careful that the
allegations should be kept as confidential as possible. Only those who have a
genuine need to know and to be involved in the process should be made aware.
A written record of the investigation process and the outcome of the process
should be kept.

1. Assessment
Once you have completed your investigation, you must assess whether any
further action is needed. Seek the opinions and guidance of those that are
specialised or experienced in handling these issues. Ensure that whatever actions
you take are in keeping with common practices and HR policies and procedures.
Always consult HR prior to taking action.

If after concluding the investigation you consider the allegation trivial or

unfounded, you may elect to stop at that point. Alternatively it may be
appropriate to have an information work improvement discussion with the team
member and simply making a file note of your discussion. This work improvement
discussion will allow you to express your concern to your team member and
advise what is expected in the future.
However, if you believe there is substance to the allegation, you should assess
further.

4. Opportunity to respond
The team member must be allowed to answer any allegations made against the
s/he before a final decision regarding disciplinary action is made. The opportunity
to respond must be genuine and not just a token gesture.

You should:
1. Arrange an interview time with the team member and advise them of the
reason for the interview. The team member needs to be made fully aware
of the nature of the allegations. This does not necessarily oblige the Hotel
to give the team member the precise details of all the evidence relating to
the misconduct, but the Hotel must give sufficient details so that the team
member understands the allegations that are being made.
2. You should advise the team member that they may have someone (a
witness) attend the interview with them and you should arrange the same
for yourself.
3. You should be prepared to change the meeting time, if requested by the
team member.

The opportunity to respond must also be a reasonable one. For example, if the
team member needs to refer to files or documents to prepare his or her response,
then the team member must be given this opportunity.

5. The Interview
The interview is an essential requirement of procedural fairness and enables you
to obtain further information by allowing the team member to put forward their
side of the story. You must be ready to keep detailed notes of the interview.
Alternatively, if all parties are in agreement, you may choose to record the
interview. The following steps are recommended:
Upon starting the interview, it is important to stress to the team member the
importance of answering questions truthfully and the consequences of not doing
so.
You should then proceed to put the specific allegations to the team member in
detail and allow them to respond to each. Your team member has the right to
review all relevant documents to enable them to comment.
You should also ask the team member if there are any other matter that they
would like you to take into account in reaching your decision.
You should then advise your team member of the time-frame for decision-making.
In some cases you might need to obtain advice from the HR team, so a short
recess may be adequate. In other cases, you may need to conduct further
investigations to properly access the team member’s response, so a longer recess
(hours or days) will be required.

6. Possible Outcomes
Once the team member’s response is received, the Hotel must properly assess
that response and take it into consideration before making its final decision.

The Hotel may decide that:

a) The incident did occur
b) The incident did not occur; or
c) That the Hotel cannot form a view about whether the incident did or did not
occur.

The relevant standard of proof which is usually required is “the balance of

probabilities” – that is, was it more probable than not that the incident occurred.
In most cases disciplinary action should first involve a series of graduated steps
being taken, such as counselling, warnings, and, finally termination. It is
necessary for the Hotel to assess what action is appropriate to the incident. This
will depend on the seriousness of the incident, the team member previous history,
and what action the Hotel has taken in similar cases in the past. In general
terms, the action taken by the Hotel must be commensurate with the misconduct
or performance issue in question.

When reviewing the possible outcomes you must:

Review all the information you have gathered and decide if on the balance of
probabilities the allegation or incident is true

Consider any mitigating circumstances, such as the team members’ personal

circumstances, and their work history, absence from work due to sickness, injury
and is this behaviour in character?

Reflect on your own motives to ensure that your decision is not based on the
team members’ race, colour, national or social origin, gender, sexual preference
or age

Consider and bias you may have due to the team members’ marital status, family
responsibilities, pregnancy, religious or political opinion .

7. The decision
The decision you make is the crucial step in the entire process and may affect
your team member’s future and security. Therefore, it is essential that your
decision is fair, reasonable, is consistent with your past handling of such matters
and has regard for all the facts.
You must also consider the effect that your decision will have on other team
members and your reputation as a Manager.

8. Counselling the team member

An integral part of any manager’s role is to assist team members to improve their
performance and/or conduct. In the early stages, a Hotel’s focus should be on
remedial action.

Counselling sessions should be fully recorded by the Hotel in writing at the

conclusion of the session. It is also useful for the team member to sign the record
of the counselling session.

If the complaint relates to the team member’s capacity, the team member should
be given clear targets and a period time in which the performance is expected to
improve. This period of time must be reasonable in the circumstances.

If the complaint relates to an allegation of misconduct, the team member should

be given an opportunity to explain his or her conduct during the counselling
session. If the Hotel does not accept the explanation given by the team member,
this should be clearly explained to the team member. The team member should
be advised of the seriousness of the situation and should be told that a failure to
improve the team member’s performance will put continuing employment at risk.

9. Warnings
If the team member’s performance or conduct does not improve, the Hotel should
issue several warnings (depending on the seriousness of the conduct or
performance problem)

These warnings must clearly indicate the consequences of failing to cease the
offending conduct or improve the performance. Again, clear targets and deadlines
should be set. The team member should also be given the opportunity to respond
to the grounds for each warning.

These warnings will usually take one of two forms. In less serious circumstances, a
verbal warning may be sufficient. However, generally, it is preferable that the
team member receives at least one written warning prior to termination. Written
warnings should be given in more serious circumstances. A recommended
warning procedure should include:

A verbal warning given by a supervisor, which is recorded in the team

member’s personnel file. This warning may be given in conjunction with the
counselling process discussed above. Establish that the team member knows the
rule, procedure or standard and that their performance was unacceptable. Have
a discussion about the team member’s situation and offer support for
improvement. It should be made clear, however, that further breeches might
result in further disciplinary action.

Verbal reprimands are usually instituted for the first instances of minor
misconduct.

A written reprimand is used when the team member still persists in

displaying undesirable behavior or work standards. If the problem continues, the
supervisor must have a discussion clearly stating the performance deficiencies
and ask the team member to commit to an action plan for improvement. The
supervisor must prepare a written summary detailing the inappropriate behavior
or performance and the corrective action desired. The team member must sign
this written notice, signifying that this conversation took place. The manager
should provide the team member with a copy of the written notice and ensure
that a copy is placed in their personnel file.

If the unacceptable job performance or behavior continues, there should be

further progressive discipline. With each application of discipline, a record in
writing must be made. The number of corrective steps will depend upon the
severity of the questionable actions of the team member and the degree of
improvement shown.

The number of warnings required will depend on the nature of the conduct or
performance issue. In situations involving serious misconduct, no warnings may
be required and the Hotel may simply give the team member a final opportunity
to respond to the allegations. Three warnings is a good rule of thumb, but this is
just a guideline and Hotels should ensure their disciplinary process if in line with
the country’s labour laws.
One of the factors taken into consideration by courts and tribunals in considering
whether a termination of employment was harsh, unjust or unreasonable is
whether the team member was given an opportunity to respond to the issues
raised by the Hotel. Providing the team member with the written warning outlines
the nature of the Hotel’s concern relating to the conduct or performance, and
providing the team member with an opportunity to address this concern within a
reasonable period, will satisfy this issue.

Where the written warning is given it should specify:

 The reason for the dissatisfaction with the team member’s conduct or poor
performance, and the corrective action required;
 Where relevant, details of previous relevant counselling sessions and warning;
and
 In clear and unambiguous terms, a warning that the team member’s
employment will be terminated unless the team member’s conduct or
performance improves to a satisfactory standard by a specified date (the team
member must be given a reasonable time in which to improve to specified
standard )

Suspension
With the next level of management approval and input, the supervisor may
choose to suspend the team member who refuses to make the necessary
changes. During the suspension (usually a day & with or without pay in line with
legislation), they have to make a final decision as to whether he or she can meet
the organization’s standards.

The team member is told to report back to the supervisor after suspension to let
the supervisor know his or her decision. Conversation and decision surrounding
the suspension of a team member should be documented and signed by the team
member and supervisor to be placed in their personnel file.

Demotion
Depending on the offence, a demotion may be used as a disciplinary action, if
appropriate and legally viable.

Note that it is necessary to be very familiar with local legislation surrounding this
area, as in some countries, employers are not allowed to remove benefits (such as
use of the health club, etc) of a person being demoted.

10. Dismissal
If termination of employment becomes necessary, it will mean in most cases that
the counseling efforts have failed. Accordingly, when the termination decision is
ultimately communicated to the team member, it should not be a surprise
because the discussion prior to the discharge should have warned of the
pending consequences. Each termination should be fully documented. The
exact reasons for separation should be noted in writing, and the document must
be signed by the team member and the supervisor, as well as the next level of
management. This document should then be filed in the team member’s
personnel file. A member of the HR team should always be present during a
potential dismissal situation.

Prior to terminating a team member, the team member’s supervisor/manager

must consult the HR Director/Manager for details regarding the distribution of the
team member’s final paycheck. Ensure that the necessary payment processes will
be instituted in compliance with the legislation. Supervisors must retrieve from
the team member all company property, keys, manuals, equipment, etc. before
he/she leaves the premises.

In the event a team member terminates his/her employment with the company,
the manager in charge must do the following:

1. Contact the Human Resources and the Payroll Department the

same day you are aware of the resignation and termination; supply
them with the team member’s name, termination date, number of
hours worked in that pay period if requested, etc.

2. Follow up the call by sending them the Notice of Termination form.

Practical tips to consider

The following practical tips are useful for Hotels to consider in their approach to
team members regarding issues of work related performance or misconduct:

 Performance standards and practices should be communicated in writing and

regularly reviewed. They must also reasonably be capable of being attained.
 Ensure that the Hotel has in place a regular PDR process and disciplinary
procedures. There must be consistently applied without favouritism.
 Do not give a team member a positive performance appraisal if in fact the
team member’s performance is not satisfactory.
 Diarise any dates relating to performance management. For example: if a
team member is on probation, ensure that the team member’s performance is
reviewed before the period of probation has expired
 If the team member did not fully appreciate the performance standard
required, provide the team member with guidance (and if necessary, training)
to assist the team member to reach the performance standard. Formal
warnings should be given only after this has been done.
 Never presume that a team member is guilty of misconduct before properly
investigating the matter and speaking to the team member concerned.
 When conducting an investigation, avoid asking leading questions. Such
questions may prejudice the investigation and also create ill-feeling among
other team members, making it difficult for the team member to return to
work.
 Do not give a team member a prepared termination letter and /or cheque for
termination entitlements at the end of a final disciplinary meeting. This
suggests that you have made a decision to terminate the employment prior to
the end of the meeting and prior to hearing the team member’s response.
 Have a witness present for all disciplinary – or performance-related interviews.
The role of this witness should simply be to keep notes of the conversation.
The witness should not ask any questions. If the team member asks for a copy
of any notes taken by a witness, then these should be given to the team
member.
 A forced resignation is a termination (constructive dismissal)
 In situations where resignations have been tendered in the heat of the
moment, the Hotel should clarify the matter rather than merely accept that
the resignation occurred i.e. Call the team member and confirm as soon as
possible and request the resignation in writing.
 Avoid terminating a team member several days before a religious holiday or
immediately before a public holiday weekend or annual leave.
 Do not tell a team member that the team member has two months to
improve, for example, and then terminate the team member after only one
month,
 Do not terminate a team member when he or she is in hospital.
 Be very careful when terminating a team member who is on either sick leave
or workers compensation leave.
 Do not give the team member a glowing reference after terminating the
employment for poor performance.
 Do not escort terminated team members out of the building in front of other
team members unless you have a very good reason for doing so.
 Do not publish the reasons why a team member was terminated to other staff
Publication of rules
As mentioned in the previous section, each of us has the responsibility to our
fellow workers and the company to conduct ourselves according to certain rules of
good behavior, conduct, and performance.
It is however, impossible to do so without knowing what these rules of good
behavior, conduct and performance are, unless it has been published or displayed
in a prominent location.
As a matter of good practice, work rules should be printed in the team member’s
handbook and distributed when the team member first joins the company. They
should have the opportunity to acknowledge having received a copy of the
handbook, and that they have read and agree to abide by the standards, policies
and procedures listed within. In addition, that they will make the effort to ask
questions when they do not understand any of the rules.