Employee Discipline for Anti-Corruption Issues: Due Process for a Just and Effective System (Part Three of Three)

Once a company has fully investigated an anti-corruption issue, it must decide whether and how to impose discipline. To promote a sense of fairness – and meet employment law requirements in some jurisdictions – the procedures governing those decisions need to include some form of due process for the employees involved. That procedure may differ between companies and jurisdictions, but it will have some common elements including notice to the employee, a set time frame for decision-making, a decision-maker with appropriate insight and authority, a range of possible punishments and a conclusion on what level of punishment to impose based on objective criteria. In this third and final article in The Anti-Corruption Report’s series on employee discipline, we discuss these elements of a discipline process and how they can promote a sense of fairness and due process. The first article in the series covered why having clean policies around discipline is important and the second described how to investigate an issue to make imposing discipline easier down the line. See “Balancing Employment Law Considerations During Corruption Investigations” (Sep. 20, 2017).

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