Friday, March 16, 2018
HR 101 - WHAT TO DO WHEN . . . . You Need to Conduct a Disciplinary
HR 101 - WHAT TO DO WHEN . . . . You Need to Conduct a
Disciplinary
By Nikki Viljoen – N Viljoen Consulting (Pty) Ltd.
Please note that
this pertains to South African Labour Law and Best Practice requirements.
The mindset of most individuals is that the
conducting of a Disciplinary hearing is a ‘waste of time”. Whilst that may be the perception – it is
really the only way that both parties, the Employer and the Employee, get to do
battle in a way that is completely fair and without any emotion.
The Basic Conditions of Employment Act is
very clear on the subject.
Staff can no longer just be summarily
dismissed – the staff member is thereby protected from an employer hell bent on
dismissal. Staff members, no longer get
to do as they please and then get away with it – the employer is thereby
protected.
There are now rules and regulations
governing how things get done – this is called the Disciplinary Procedure.
Many cases that have landed up in the CCMA,
and been lost by either of the parties because the correct procedures were not
followed and not necessarily because of the alleged transgression.
They are not difficult, they are completely
fair and they can ensure a fair outcome.
If the employee is dismissed and feels that justice has not been served
– they can firstly ‘appeal’ the decision and if they still do not feel that
justice has been served they can then take the whole issue to the CCMA.
Let’s step back a moment and see what the
procedures are:
·
The
staff member must be served with a Notice to Attend a Disciplinary Hearing.
·
The
charges must be clear and concise.
·
The
staff member must be given a minimum of 48 hours to prepare their case from the
time that the Notice is served to the time that the hearing takes place.
·
The
staff member has the right to have representation (this means someone inside of
the company – no lawyers at this point)
·
The
staff member has the right to have an interpreter if there is a need.
·
The
staff member has the right to call any witnesses, if there is a need.
And guess what – the Employer has the same
rights.
The Disciplinary must be chaired by an
impartial person, who has not been involved with any of the issues leading up
to the hearing being called for. This
way, both cases get to be heard without any pre-conceived perceptions.
The Chairperson must hear both sides of the
story, before making a ruling. The Chairperson
can ask as many questions as they feel the need to, in order to reach a
decision.
And finally the penalty must fit the
crime.
Next week we
tackle a new issue.
Nikki is an Internal Auditor and Business
Administration Specialist who can be contacted on 083 702 8849 or nikki@viljoenconsulting.co.za
or http://www.viljoenconsulting.co.za
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