Guide to appropriate employee discipline measures

[Dave A]

Duncan asked me to list the appropriate discipline measures for various employee transgressions. I'm not sure there is a clear guideline on this i.t.o. the Labour Relations Act. I suspect the key to reducing problems in this area is to clearly establish expectations up front.

I've attached the schedule we use as a listed annexure to our employment contracts and I welcome any comment, questions and suggestions.

[Taswell Strydom]

Hi Dave

As well appropriate dismissal procedures. Here is more detailed description of discipline codes, types of Misconducts and how to conduct a fair disciplinary hearing. Also a code of good practice for guys who work night shift like i did.

Regards

Taswell Strydom

[Dave A]

Thanks Taswell. I think they all augment each other well with the exception of one.

Personally I question some aspects of the order of severity in the Discipline Codes zip file. Some seem inappropriate to critical factors in our workplace.

I guess it shows that the important thing is clear notification and there is some scope for variance according to the nature and needs of the workplace.

[Taswell Strydom]

That is true Dave. HR/IR or higher powers would determine what discipline procedures suits them. Its quite shocking though if look at some major companies who have HR/IR in place really do not follow these steps. If you look at the stats at the CCMA and how many cases were won by the employees. It was all due to not following procedure. About R 1.1 million was paid out last
year if i am correct to defendants " employees." Even some cases where you would think this person does not stand a chance in winning and still won. The cases was not water tight.

[Morticia]

I'm not so sure how accurate those stats are? I've come accross many employers who maintain they simply do not have the time and energy to "waste" on a CCMA case and that it's cheaper to rather just pay up and carry on with business.

[totius54]

I have been handling my companies HR/IR for many years. It is rear that a dismissed employee do not declare a dispute with the company.

We do not dismiss hardworking honest employees .

The dismissal is normally poor performance regards timekeeping or productivity.

The others relate to conduct or theft.

The conciliating meeting is normal the best place to settle the matter. (1) make it clear then that you will not take the employee back " Severe breakdown of trust " They the employee and his rep will offer a settlement offer . The rule you can apply to determent a settlement dependent of length of service , less than 3 years one month. 3 to 5 years month and halve etc. Pay the settlement and move on. You cant afford to go to arbitration.

If they claim procedurally unfair . Point out that the arbitration will addresses this.

If the case progress to arbitration you have to prepare your case well. Rehears the details. Let the employee lead do not interrupt. The more he talks the better.

If need be prepare your statement in written form and read it point by point.

Do not clutter it with to many witnesses especial not other employees because it will bite you . " You Reason not calling employees as witnesses = intimidation in the work place.

Again conclude with (1) make it clear then that you will not take the employee back " Severe breakdown of trust "

If you are the owner do not entrust any body but yourself to deal with it.

Then wait for the ruling.

Employees have this weird idea that they will be awarded 12 months pay.

The most I have paid was 2 1/2 months .

Its your company . Who works their is your decision.