In global teams, process is power.
What’s “fair” in one country can be unlawful in another. Localize discipline and performance processes or your policy becomes the risk.
When ‘Just a Warning’ Becomes a Lawsuit
A U.S.-based manager disciplined a Filipino team member for repeated lateness – verbally, informally, and with no paper trail. From a U.S. lens, especially in at-will contexts, this felt normal. But in the Philippines, the move bypassed a legally mandated “twin notice” process: first, a Notice to Explain; then, after a hearing, a Notice of Decision. This can sometimes take up to 3 weeks to complete.
The fallout? The employee filed a complaint, citing procedural due process violations. The labor court ordered reinstatement and back pay – despite the employee’s admitted tardiness.
The lesson: when policies travel, processes must follow local law.
The Cultural Code Behind Every HR Policy
Let’s break it down by country:
- Philippines: Highly formal and legalistic. Disciplinary action is procedural by law, not preference. Skipping a step – no matter how justified the outcome – can invalidate the whole process.
- Colombia: Balances formal legal protections with internal company policies. Courts expect a documented, just cause. But relational culture means conversations still matter.
- Australia: Emphasizes fairness over formality. Employers aren’t required to follow rigid scripts, but the Fair Work Commission expects a proportionate, respectful process – especially for underperformance.
- United Kingdom: Strong procedural expectations. The ACAS Code guides most disciplinary actions, and deviation – however well-intentioned – can still cost employers at tribunal.
- United States: Informality reigns in the private sector, thanks to “at-will” employment. But legal landmines exist around protected characteristics, retaliation, and inconsistent application.
How Smart Leaders Stay Out of Court (and Build Trust Doing It)
- Map your process to local norms.
A policy that works in Bogotá may not survive scrutiny in Manila. Know where the legal process is mandatory vs. merely recommended. - Separate misconduct from performance issues.
Countries like Australia and the UK draw a firm line between the two. Using misconduct procedures for poor performance (or vice versa) undermines your case. - Treat Codes of Conduct as legal tools.
In the Philippines and Colombia, these documents can serve as quasi-contractual foundations for disciplinary action. Make sure they’re current, contextualized, and followed consistently.
- Don’t skip the employee’s right to respond.
Even when not legally mandated (e.g., in the U.S.), offering a formal opportunity to respond improves fairness, documentation, and outcomes.
- Understand the appeal expectations.
In the UK and Colombia, appeals aren’t just nice-to-have – they shape whether your process is considered fair.
Final Thought
Due process isn’t paperwork. It’s a trust signal. In global teams, fairness isn’t universal – it’s contextual. Lead with law, culture, and clarity, and your people will follow.
Here’s to leading better, one insight at a time.
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