Initiating Disciplinary Hearings
For many employers the past few years have been a bumpy road. We have to deal with the requirements of progressive discipline and also the wrath of the dreaded Commission of Conciliation, Mediation and Arbitration as well as the Labour Courts.
The general lack many employers have of understanding the dismissal process and how to prepare legitimately prior to conducting the disciplinary hearing often lead to the CCMA awarding in favour of the employee.
FAIR REASON, FAIR PROCEDURE
In essence it boils down to these factors when dealing with disciplinary matters:
- Do you have a FAIR REASON for instituting disciplinary action?
- Did you follow a FAIR PROCEDURE in doing so?
Fair reason is linked back to having rules in place and the staff being aware of these rules. The moment these rules are transgressed you can act as long as you follow a fair procedure.
The employee must be give a fair opportunity to prepare and present themselves in front of a neutral chairperson. You then eliminate the risk of making emotional decisions that may go against the rules of misconduct management.
THE BASICS:
To eliminate some common mistakes made when dealing with discipline follow the following steps:
1. Institute a Company Disciplinary Code
2. Make sure your staff have read, signed and understand the code
3. Apply and enforce this code consistently and fairly, with no exceptions, create a precedent in the workplace
4. Preparation is the key to conducting a successful hearing
5. Step back, remove emotions and carefully consider all elements before proceeding with disciplinary procedures
6. Draft disciplinary charges according to the infringement
7. Give the employee charged fair time (at least 48 hours) to prepare and present themselves in front of a neutral chairperson
8. Present your evidence with clear and concise structure
9. Document the process and all supporting evidence. Take minutes of the hearing.
10. Expect a fair ruling based on sound principle from an unbiased chairperson
Be proactive in matters relating to misconduct to prevent it from escalating and becoming more complicated, maybe requiring external moderation.
It would be irreponsible of us to over simplify the process of Discipline Management by simply giving a few key pointers and expecting you to be successful in such endeavours.
If you would like to know more about the procedure to be followed in preparation and during a disciplinary hearing, join us for the course on offer relating to this topic.