Page 1 of 3 123 LastLast
Results 1 to 10 of 24

Thread: Disciplinary action warrented?

  1. #1
    New Member
    Join Date
    Dec 2015
    Location
    Cape Town
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Disciplinary action warrented?

    Hi

    An employee, who is employed since 2002, got since a few years more and more unrealiable in terms of quality and quantity of work delivered. The business is small and at first we asked him to check his work and be more focused. However his non-delivery and bad attitude escalated especially since end of last year. We had our suspicions that he does other work during our his work time and even after business hours and these were now confirmed.

    We also determined after we investigated files which he stored on our company laptop, but is exclusively used by him, that he accessed and copied internal salary data in the time period from 2004 - 2008. He still has had these stored on that laptop. He also copied and stored a propriety registration tool to register software users of our propriety software. However, we do not have proof that he sold and registered our software and received the money in his account.

    Can we still have a dispinary hearing regarding him accessing management PCs somehow and copy confidentials salary information, although this happened years ago (2004 -2008)? However he still had this data stored?

    Thanks very much for an answer. Regards Renate

  2. #2
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,329
    Thanks
    113
    Thanked 214 Times in 202 Posts
    You say "somehow" - perhaps u need to first find out how he did all of this and get proof.
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  3. #3
    Diamond Member adrianh's Avatar
    Join Date
    Mar 2010
    Location
    Cape Town
    Posts
    5,089
    Thanks
    336
    Thanked 808 Times in 642 Posts
    What outcome are you looking for at the end of the day?
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

  4. #4
    New Member
    Join Date
    Dec 2015
    Location
    Cape Town
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by HR Solutions View Post
    You say "somehow" - perhaps u need to first find out how he did all of this and get proof.
    These files are only stored on my computer. He either physically went to my computer in those days and got them, when I was not in the office. During that time we were only three people in the office and he was often on his own in the office. Or he accessed a backup, which might have not been secured.

    Regards Renate

  5. #5
    New Member
    Join Date
    Dec 2015
    Location
    Cape Town
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Any disciplinary action which is approbriate. I am just wondering if I can still have a hearing/enquiry even though it was done the last time in 2008, but he has had still this files stored on the company laptop he is using.

  6. #6
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,329
    Thanks
    113
    Thanked 214 Times in 202 Posts
    Renate - if he accessed a backup which might not have been secure - then unfortunately you don't really have a leg to stand on.
    Why are you only visiting this now if it happened over 7 years ago. Why not concentrate on what he is doing now ..... is he working well or not / in which case address the current problem.
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  7. Thanks given for this post:

    sakkie (07-Dec-15)

  8. #7
    New Member Reuleaux's Avatar
    Join Date
    Dec 2015
    Location
    Cape Town
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I agree with HR Solutions on this one. Address the current problem(s) and for goodness sake, follow the correct disciplinary procedures.
    Attempting any form of disciplinary action now on something that happened years ago is going to potentially cost you a small fortune at the CCMA.

    Good luck!

  9. #8
    New Member
    Join Date
    Dec 2015
    Location
    Cape Town
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by HR Solutions View Post
    Renate - if he accessed a backup which might not have been secure - then unfortunately you don't really have a leg to stand on.
    Why are you only visiting this now if it happened over 7 years ago. Why not concentrate on what he is doing now ..... is he working well or not / in which case address the current problem.
    Thanks for your great advice. I will do so.

  10. #9
    Full Member Electrode's Avatar
    Join Date
    Dec 2015
    Location
    middelburg mpumalanga
    Posts
    82
    Thanks
    20
    Thanked 13 Times in 10 Posts
    I can only offer you a way to safeguard against the copy of data.

    Data theft is common place and can be very serious regarding any company. I would recommend that you find a person knowledgeable in legalities and have a policy drafted and implemented.

    A data protection policy must include;

    • Acceptable use policy.
      This policy must spell out what the employee may have access to and how he may use the information

    • Data classification policy
      This policy must spell out what data is available to the employee and what data is considered private company data.

    • Retention Policy
      Your retention is all the data that you will keep after the employee leaves the company and what the employee may do with that date that he is allowed to keep. This policy include both the data, e-mail and hardware and today it also include any mobile phone or tablet that was given to the employee as well as the supplied data, software and other devices that may plug into the computer. This include the SIM card that has all the contact information on it. Thumb Drive and external hard drives and any other data storage device like RW CD, RW DVD or any other assets.


    It must be comprehensive to work properly and must include protection and safeguards to prevent access, theft of confidential data. General policies must also limit the employee's use of the computer hardware, software or data.

    The new policies might have a impact on productivity depending on how invasive your procedure is.

    Procedure and disciplinary procedure must be outlined and followed to the letter without exception. This will give you a strong footing to take both disciplinary and legal action in the future.

    I would also consider professional advice when you enter into disciplinary action as employees with this type of behaviour will go to the CCMA to strong arm you. Rather be prepared for this eventuality.
    DISCLAIMER - The above does not constitute to legal advice or formal advice in any manner or form

  11. Thanks given for this post:

    flaker (07-Dec-15)

  12. #10
    New Member
    Join Date
    Dec 2015
    Location
    Cape Town
    Posts
    6
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanks for your great advice. I will do so.

Page 1 of 3 123 LastLast

Similar Threads

  1. [Question] Help on disciplinary procedures
    By Jane123 in forum Labour Relations and Legislation Forum
    Replies: 13
    Last Post: 18-Apr-16, 04:41 PM
  2. Resignations and Disciplinary Hearings
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 14-Dec-09, 10:15 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •