Difficult Staff Mx

多 ： 則 曰 ， 子 餘 行 。 其 慎 祿 言 ， 干 慎 殆 寡 學 ， 闕 言 中 張 疑 見 。 其 子 闕 多 of 悔 Management Difficult Staff 在 聞 尤。 則寡 ，祿 寡 餘， 寡悔 其 ，行 尤 。 矣

。 焉 察 必 Difficult Staff ， 之 好 眾 。 焉 察 必 ， 之 - Slow learning 惡 眾 ： 曰 子曰 子- Absenteeism 不能 ：苟正 正其 / Attitude 其身 - Poor Manner 身， 矣， 如正 于從 人何 政乎 - Substandard Performance ？ 何有 ？

- Others

• HRPM – Human Resources Policies Manual

• HRAM – Human Resources Administration Manual

J1 Discipline

J1.4 Disciplinary Procedures for Minor Offences J1.4.1 (a) Counseling (b) Warning (c) Deductions of Wages (d) Stoppage or Deferment of Increment

J1.4.2 Repeated Minor Offences Gross Misconduct (J1.5)

J1.5 Disciplinary Procedures for Gross Misconduct J1.5.2 Investigation - verbal or written warning, - stoppage or deferment of increment - deduction of wages to the extent permitted by the Employment Ordinance - dismissal from service - other action as may be appropriate - convene a Committee of Inquiry J1.5.3 Committee of Inquiry - verbal or written warning, - stoppage or deferment of increment - deduction of wages to the extent permitted by the Employment Ordinance - dismissal from service - such other action that the Committee considers appropriate.

J1.6 Disciplinary Procedures for Unsatisfactory Performance

An employee who is alleged to have shown unsatisfactory performance despite where appropriate counseling and coaching will be subject to the disciplinary procedure set out below. The procedure for gross misconduct under J1.5.2 to J1.5.3 above is also applicable to unsatisfactory performance. May recommend a further review period for the employee to improve.

J1.7 Suspension Pending disciplinary action, the employee may be suspended from part of his duties, and may or may not be required to perform other duties.

A) Examples of Acts of Gross Misconduct 1. Convicted of a criminal offence which is an offence punishable by Imprisonment 2. Absent from duty without permission or reasonable excuse 3. Wilful refusal to work or carry out reasonable work instructions 4. Unauthorised disclosure of confidential or proprietary information whether or not obtained in the employee’s official capacity to any individual or the public (including the media) 5. Unauthorised access to confidential or restricted information related to patients, the HA or its hospitals, including patient records and personnel records 6. Wilful falsification or tampering with the Hospital Authority’s records 7. Theft 8. Misappropriation of funds 9. Declared bankrupt

10. Willingly consenting or committing an act endangering the life, health or safety of a patient or colleague in the course of performing his duties 11. Unauthorised drawing of drugs 12. Possession, use or trafficking in illegal drugs on Hospital Authority’s premises 13. Unauthorised use of patient’s or Hospital Authority’s property 14. Working under the influence of alcohol 15. Unlawful betting or gambling on the Hospital Authority’s premises 16. Fighting or intimidation including provoking or instigating a fight or assault 17. Soliciting advantages from patients or patients’ family members or relatives 18. Lending money at interest 19. Acting on behalf of a money-lender

20. Borrowing money at interest except from licensed institutions 21. Use of subordinates as guarantors 22. Moral turpitude 23. Repeated minor offences 24. Undertaking unauthorized outside work which involves conflict of interest 25. Breach of professional ethics or standards 26. Giving false personal information in relation to employment (B) Examples of Unsatisfactory Performance 1. Unsatisfactory or negligent performance at a level below the normal where acceptable standard and requirements for the job despite appropriate counselling and coaching e.g.(a)poor quality/standard of work/output/negligence (b) inefficiency

K3 INVOLUNTARY TERMINATION K3.1 Objective K3.1.1 It is the objective of the HA to handle involuntary terminations fairly and equitably and in conformance with the employment legislation in Hong Kong. K3.2

Types of Involuntary Termination

K3.2.1 Involuntary termination of service may be initiated by the management in the following circumstances : (a) during probation; (b) for reasons of poor health; (c) gross misconduct; (d) unsatisfactory performance; and (e) redundancy.

K3.5 Involuntary Termination for Gross Misconduct and Unsatisfactory Performance K3.5.1 The HA may dismiss an employee without period of notice or payment in lieu and accrued benefits (except annual leave accrued on the completion of a leave year) after due process of inquiry, if the employee has committed gross misconduct in relation to his employment or has shown unsatisfactory performance despite appropriate counseling and coaching. K3.5.2 Disciplinary actions to be followed in case an employee has committed gross misconduct or has shown unsatisfactory performance despite appropriate counseling and coaching are detailed in Section J. K3.5.3 An employee who is continuously absent from work for more than seven consecutive working days without permission or reasonable excuse will be considered to have absconded and is liable to be dismissed, without the need for formal disciplinary proceedings.

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Performance Improvement Plan

Professional Review Panel

Dealing with poor performance can be time consuming. My time is better spent supervising my productive employees.

While dealing with poor performance can be time consuming, failing to address poor performance sends a clear message to other employees that you have unique standards for poor performers and that they need not meet your performance expectations. With staff cutbacks, it is critical that all employees produce, and ignoring poor performance by some staff can no longer be tolerated. Poor performance usually only gets worse over time - rarely does it correct itself without action on the part of the supervisor.

If I take action against one employee, it will lower morale among other employees and create a less productive work environment.

Actually, taking such action can have just the opposite effect. Most employees want and expect to be held accountable for their work and resent it when others do not “pull their weight”. Building a productive team can begin by setting clear expectations and addressing failure to meet those expectations.

Telling employees that they are not performing satisfactorily is unpleasant and requires special human relations skills.

Very few individuals enjoy criticizing others, as a result, most employees receive little or no negative feedback from their supervisors. Constructive counseling given early and regularly not only often leads to performance improvement but also eliminates the need to consider more formal action that is even more unpleasant. Providing such counseling does not require special skills. - Your expectations

- The employee’s performance standards - Critical element(s) where the employee is failing - What the employee must do to bring performance to an acceptable level

Many performance problems can be addressed prior to undertaking any formal action. Furthermore, the procedural steps are actually fairly straightforward and not that complicated. The procedural steps involved in addressing poor performance are complex and highly technical.

Most performance-based actions are not appealed and, when they are, they have to justify themselves

If I do take a formal performancebased action, it is likely to be appealed and ultimately overturned

The same reasons it makes sense for you to address poor performance should make sense to your supervisors

Top management will not support me if I do take action to address poor performance.

Slow Learner -Be patient -Be encouraging -Train simple and easy task first -Be more understandable -Set time frame to finish the task -Seek agreement -Enough supervision to give encouragement/confidence

Poor Learning Attitude -Ask for the reason behind -Show concerns -Insist the task is basic skills that all staff should know -State consequence if fail to acquire that skills -Seek agreement -Set time frame to learn -Be firm and encouraging throughout the interview

DO • Agree common objectives • Set the parameters • Assign important task • Empower with continuous support • Help people think & decide • Be positive about improvement • Give feedback in easy & digestible way

DON’T • Set difficult objective • Provide ambiguous guideline • Delegate meaningless task • Remove support • Decide for the staff • Blame staff for mistakes • Give overload feedback

The Douglas Factors • The Merit Systems Protection Board in its landmark decision, Douglas vs. Veterans Administration, 5 MSPR 280, established criteria that supervisors must consider in determining an appropriate penalty to impose for an act of employee misconduct. These twelve factors are commonly referred to as “Douglas Factors”

The Douglas Factors • • • • • • • • • • • •

Factor 1 – Seriousness of the Offense Factor 2 – The Employee’s Position Factor 3 - Prior Discipline Factor 4: Length of Service and Prior Work Record Factor 5 – Erosion of Supervisory Confidence Factor 6 – Disparate Treatment - Consistency of Penalty with that Imposed on Other Employees. Factor 7 – Consistency with Agency Penalty Guide Factor 8 – Notoriety Factor 9 - Clarity of Notice Factor – 10 Potential for Rehabilitation Factor 11 - Mitigating Circumstances Factor 12 - Adequacy and Effectiveness of Alternative Sanctions

故上兵伐謀，其次伐交， 其次伐兵，其下攻城。 是故百戰百勝，非善之善也﹔ 不戰而屈人之兵，善之善者也。 故知勝有五： 知可以戰與不可以戰者勝， 識眾寡之用者勝， 上下同欲者勝， 以虞待不虞者勝， 將能而君不御者勝。 此五者，知勝之道也 。

Case 1: Phlebotomist • • • • • •

New recruit On probation period Duty 06:30 – 16:30 Missing on duty – 11:00, 2/1/09 (Friday) Loss of contact till 14:50 Interview done

Case 2: Nursing Officer, Appt. 1991 • • • •

Found: stealing canned milk SNM was informed: 28/7/08 Admitted: from time to time x 3 months Excuse: father is on RT feeding because of eating difficult • Past performance: • effective • unwilling to take responsibility

Case 3: Registered Nurse, Appt. 3/98

• • • • •

Poor attitude Substandard performance Involved in multiple medication incidents Absent from duty Bizarre behaviour

Case 3: Registered Nurse, Appt. 3/98 • • • • • • • • •

Blood transfusion – near miss: 7/2000 Medication Incident: 8/2000 Missed signature on MAR: 22/10/2000 Absent from duty: 10/2000 Missed to administer medications: 10/2000 Medication Incident: 2/2001 Medication Incident: 6/2001 Medication Incident: 9/2001 Recorded interviews by SNM (before 15/10/01) – 5/2/01 – Duty arrangement, Medication error – 15/6/01 - Medication error • Written Warning: 16/6/01 (then extended review period to 15/12/02, 15/6/03) • Internal Inquiry Board: 10/2001

Case 3: Registered Nurse, Appt. 3/98 • Interview for poor performance: 4/12/01, 22/1/02, 13/3/02, 21/6/02, 26/6/02, 2/7/02, 28/11/02, 8/12/03, 12/1/04, 30/3/04 • Notification of Unacceptable Performance to HRD: 11/02 – Absent from duty – 4 medication incidents 7/02 to 10/02 – Poor communications with staff / clients – Conflicts with colleagues – Nil remorse, no improvement • Report of poor performance on duty hand-over and documentation to COS: 12/02 • Report of Substandard and Unacceptable Performance to HRD: 6/03 • Committee of Inquiry: June 03, July 03 – 2 medication incidents – 32 incidents – poor working attitude, incompetence in discharging nursing duties, non-compliance to standards, negligence

Case 3: Registered Nurse, Appt. 3/98 Summary Report on Work Performance 6/03 – 4/04 - AOM – 3 incidents – 10/03, 12/03, 4/04 - Case Management – 1/04, 2/04, 2/04, 2/04, 3/04, 3/04, 3/04 - Attitude – 10/03, 11/03, 12/03, 1/04, 1/04 - Integrity & Trustworthiness – sick leave (MR x 7), urgent leave, absent from duty, hand-over false info

Case 4: Ward Attendant (GS), Appt 8/80 Poor Attitude Indecent appearance Foul Language Inappropriate communication Late for duty Non-compliance to IC measures Substandard performance

Case 4: Ward Attendant (GS), Appt 8/80 Recorded Interview by SNM - 18/9/02, 4/2/03, 3/9/03, 22/4/04, 20/7/04, 24/2/05, 9/9/05, 15/5/06

Verbal Warning: 2/2004 Written Warning: 4/11/05 Written Warning: 23/3/06 prima facie case of formal disciplinary action: Aug 2006 SCSD supported taking of formal disciplinary action: Apr 2007 書面忠告(CSR 233) by HRD: 14/5/07 書面忠告 勸誡信 by HRD: 25/7/07 Formal Disciplinary Action by DH: 24/8/07 & Referred to SCSD: 29/8/07 View of Dept of Justice: Charges 10 out of 16 Inquiry Hearing 15/2/08

Case 4: Ward Attendant (GS), Appt 8/80 10 Charges • Improper hand-washing (Charges No.6, 7, 10, 11 and 16) • Improper handling of dirty linen (Charge No.12) • Ignoring calls by nurses/patients (Charge No.1314) • Failure to return keys (Charges No.8-9)

Document Requested by DH/ SCSD • • • • • • • • •

Rules & Regulations Polices / Guidelines Written / Verbal Instruction Poster Training / Documentation Interviewing record Witness Statement Layout Plan Photos of vinyl gloves / black plastic gloves

Case 5: Registered Nurse, Appt 15/2/97 • • • • • • • •

Frequent IOD since 11/1997 Light duty / no night duty Persistent Substandard performance Poor attitude Failure to follow instruction Multiple complaint Poor integrity Poor teamwork

Case 5: Registered Nurse, Appt 15/2/97 • Re-deployment: A9, B8P, B8, SMS, A10, G5 • Verbal Warning: 7/2002 • Recorded interview by SNM: – 10/7/2000, 30/8/02, 2/9/02, 30/10/02, 12/2/04, 13/4/04, 17/2/05

• Court trial 9/2006 x 9 days, 16/5/07 re-opened, closing submission 18/6/07, • Court Judgment: 3/8/07 – conclusion: The plaintiff’s claim is dismissed

• Complaint Case: 15/10/07

Case 6: Enrolled Nurse, Appt 1995 -

No rotation since 1st recruitment Maintains effective performance Neglects teamwork Creates Conflict Accuses always Makes Complaints

Outcome:

Case 7: Registered Nurse, Appt. 7/04 • Slow learner • Incompetent in all aspects • Attempted to terminate services by other Dept. • T/I on 4/05 Outcome:

Case 8: Nursing Officer, Appt. 1994 • • • • •

Outspoken Argumentative Confronting Forceful Irritating Outcome:

其安易持，其未兆易謀。 其脆易泮，其微易散。 為之於未有，治之於未亂。 合抱之木，生於毫末。 九層之臺，起於累土。 千里之行，始於足下。 打遏於萌芽階段

Q&A THANK YOU!