Weaponisation of code of conduct a threat to employee relations

Employee Relations

Dr Request Machimbira

IN the corporate world, the code of conduct is a vital tool for maintaining discipline and accountability.

However, when wielded by untrained or inexperienced managers and supervisors, it can become a double-edged sword, harming employees and ultimately the organisation itself. Like a scalpel in the hands of an unskilled surgeon, the code of conduct can inflict wounds that may never fully heal.

Consider the case of an accounts clerk struggling to reconcile financial transactions.

Despite their best efforts, they find themselves facing a disciplinary hearing and subsequently receive a final written warning.

But does a final warning necessarily make an employee competent? Or is it simply a knee-jerk reaction from a manager looking to tick the right boxes, like a robot devoid of empathy?

The problem lies in the fact that many managers are not taking time to ask critical questions before pulling the trigger on disciplinary action. We need to interrogate if the issue at hand is a performance problem or a behavioural one. If it is behavioural, is the employee’s actions intentional or accidental?

Failure to ask these questions can lead to a rash of misguided disciplinary actions, with employees feeling like they are stuck in a Kafkaesque nightmare, unfairly targeted and demotivated.

This trend has given rise to a new breed of managers known as “code of conduct technicians”. These individuals are more focused on following the code procedure to the letter than on genuinely addressing the underlying issues.

They are like robots programmed to enforce rules without considering the nuances of each situation.

The erosion of empathy in the employment relationship can lead to the weaponisation of the code of conduct. The code should never be a substitute for good management practice.

Effective managers are coaching managers, who take the time to build the capacity of their subordinates before resorting to disciplinary action. They are like master craftsmen, shaping and moulding their team members into high-performing individuals.

They approach each situation with an analytical mind and a strategic outlook, taking the time to thoroughly examine issues before devising effective resolutions.

The invisible hand syndrome

Business leaders and HR practitioners should be cautious of situations where external factors may influence the complainant to initiate a disciplinary process without merit. Additionally, organisations should ensure that disciplinary hearings are fair and not predetermined, avoiding the appearance of a “show trial” that ticks legal compliance boxes without regard for fairness or justice. This summarises the weaponisation of the code of conduct.

So, what can be done to address this issue? The answer lies in comprehensive training on the code of conduct. This training should be 360-degree in character, encompassing not just managers but also supervisors and board members.

By equipping these individuals with the knowledge and skills they need to use the code of conduct judiciously, organisations can prevent the misuse of this valuable resource.

Moreover, managers need to appreciate that the workplace is not a war zone. They must recognise that their role is not to wield the axe, but to enable human productivity. This means adopting a more nuanced approach to disciplinary action, one that strikes a balance between accountability, empathy and understanding.

Like a skilled conductor leading an orchestra, managers must harmonise the different elements of their team to create a symphony of productivity.

In the case of the accounts clerk referred to earlier, a more judicious approach might have involved analysis of the performance gaps, and providing additional training or support to help them overcome their struggles with reconciliations. A final written warning might not have been necessary for the reason that it does not enable the capabilities of the employee.

Safeguards for fair disciplinary action

To prevent the misuse of the code of conduct, organisations should implement safeguards such as:

Demand justification for disciplinary action before initiation of proceedings.

Create support structures for behavioural infractions.

Provide comprehensive training.

Foster a culture of coaching.

Normalise fairness.

Dr Request Machimbira is the executive director of Proficiency Consulting Group International. He is a leading, award-winning human resources expert, strategy facilitator, board trainer, team building coach, independent labour arbitrator, board chairperson and published author. He writes in his personal capacity. For feedback, email [email protected] or phone +263772693404.

By implementing these measures, organisations can prevent the misuse of the code of conduct and create a more enabling work environment that promotes productivity, growth and employee well-being.

Managers must recognise that their role is not to be code of conduct technicians, but to be coaching managers who build capacity and enable productivity.

Only then can we truly say that we are seized with an enablement agenda.

The enablement agenda

The enablement agenda is about creating a work environment that is conducive to productivity and growth.

It is about empowering employees to reach their full potential, rather than simply trying to enforce compliance with rules and regulations.

By using the code of conduct judiciously and not recklessly, managers can help to create a more positive and supportive work environment, one that is akin to a garden where employees can grow and flourish.

Dr Request Machimbira is the executive director for Proficiency Consulting Group International. He is a leading, award-winning human resources expert, strategy facilitator, board trainer, team building coach, an independent labour arbitrator, board chairperson, and published author. He writes in his personal capacity. For feedback, email [email protected] or phone +263772693404.

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