I accidentally damaged my company’s property during work. However, without going through the disciplinary committee, my company unilaterally suspended me from work for two months. It was a mistake, not a deliberate action, and I have never made a mistake like this before. Is this not an abuse of disciplinary authority?
To justify disciplinary action, there must be cause, procedures followed, and the disciplinary action must be appropriate. ① In proving justification for discipline, the employer has the burden of proof. ② Even if there are no discipline procedures in the rules of employment, it is desirable to grant the person concerned at least the opportunity to vindicate him or herself. ③ The level of disciplinary action should be reasonable considering the level of intention or seriousness of the damage and comparison made with other similar cases. If one of these three requirements is not met, then the disciplinary action is illegal.
Of particular note is that it is not necessary for disciplinary action to require going through a disciplinary committee, when judging the justification of a disciplinary procedure. However, if there is a regulation for a disciplinary committee in the rules of employment, the discipline can be nullified if this is violated. In precedent cases, if disciplinary procedures are stipulated in the collective agreement or the rules of employment, following the disciplinary procedures is required. However, if there are no disciplinary procedures provided in either the rules of employment or collective agreement, this does not invalidate disciplinary action that is taken.
In this case, the grounds for disciplinary action may be justified. Procedurally, if there are no rules in the rules of employment/collective agreement stipulating that a disciplinary committee meeting be held, a failure to hold a disciplinary committee meeting will also not invalidate disciplinary action taken. However, two months of suspension for accidentally destroying company property may be deemed excessive punishment. In order for an accurate judgment to be made, the details will need to be explained, such as the kind of damage that has been done. However, if this was indeed the first time a mistake was made and it was not intentional, a written apology or a written warning in your records may be enough.