Common Disciplinary Scenarios

This section sets out the recommended process for the five disciplinary situations SME employers in Trinidad and Tobago encounter most frequently. Each scenario follows the principles of natural justice and the requirements of the Industrial Relations Act (Chap. 88:01). In every case, documentation is essential.

Persistent Lateness

Where an employee is repeatedly late for work, the employer must first establish that the employee is aware of the expected start time and that lateness is unacceptable.

• Verbal counselling at the first or second occurrence, documented in a brief file note.

• If lateness continues, convene a meeting with the employee to discuss the pattern. Allow the employee to explain.

• Issue a First Written Warning if there is no satisfactory explanation and lateness continues.

• If lateness persists after a First Written Warning, issue a Second Written Warning with a clear improvement timeline.

• If there is still no improvement, a final warning or termination may be warranted, following a formal disciplinary hearing.

Insubordination

Insubordination, refusal to follow a reasonable, lawful instruction from a manager, ranges from a single incident to a persistent pattern of defiance.

• Document the specific instruction given, the employee's response, and any witnesses.

• Assess severity: a single incident may warrant a verbal or written warning; outright defiance in front of colleagues may warrant a more serious response.

• Investigate before acting, ensure the instruction was lawful and clearly communicated.

• Hold a disciplinary hearing. The employee must have the opportunity to explain their conduct.

• Apply a proportionate sanction: First or Second Written Warning for a first incident; Final Warning or dismissal for serious or repeated insubordination.

Suspected Theft or Dishonesty

Allegations of theft or fraud are among the most serious disciplinary matters an employer can face. They must be investigated thoroughly before any action is taken.

• Suspend the employee on full pay pending investigation if continued presence poses a risk to the business or evidence.

• Conduct a thorough investigation: gather documentary evidence, review access logs, interview witnesses.

• Present the findings to the employee at a disciplinary hearing. The employee must have the opportunity to respond.

• If the allegation is substantiated, summary dismissal is generally appropriate for theft or fraud. Document the decision in full.

• Retain all investigation records. If criminal conduct is suspected, consider reporting to the police, this is a separate matter from the disciplinary process.

Poor Performance

Poor performance must be addressed constructively and progressively. An employer cannot dismiss for poor performance without first giving the employee a reasonable opportunity to improve.

• Identify the specific performance gap in measurable terms. Ensure the employee understands what is required.

• Provide informal feedback and coaching in the first instance. Document this conversation.

• If performance does not improve, implement a formal Performance Improvement Plan (PIP) with clear targets, a review period, and support measures.

• Review progress at the agreed date. If improvement is sufficient, close the PIP with a file note. If not, issue a formal warning.

• If performance does not meet the required standard after a fair process, dismissal may be warranted. Ensure a disciplinary hearing is held before any decision to dismiss.

Workplace Conflict Between Employees

Interpersonal conflict between employees, if not addressed promptly, can escalate into grievances, harassment complaints, or tribunal claims.

• Speak with each employee separately to understand their perspective. Do not take sides at this stage.

• Determine whether the matter is a personality conflict, a conduct issue, or an allegation of harassment. Each requires a different response.

• For personality conflicts, consider mediation, a structured conversation facilitated by a neutral party.

• For conduct issues (e.g. aggressive behaviour), follow the standard disciplinary process.

• For harassment allegations, initiate a formal investigation under Policy 13 – Anti-Harassment and Anti-Bullying Policy (Part XVI, Section 1).

• Document all steps taken and outcomes reached. Follow up to confirm the matter has been resolved.