Every employer, no matter how small or big his business, is faced with the reality of taking disciplinary actions against one or more of his employees.
Every employer, does not matter how small or big, was faced with the reality of not being successful in taking disciplinary action against one or more of his employees.
Have you analysed your disciplinary actions to establish the reasons for failure in disciplinary actions? Do you have the following in place:
- A labour policy and procedure
- Does your policy explain the process (steps) in case of a transgression?
- Does your policy explain the rights of the employee and the employer in case of disciplinary action?
- Does your policy and procedure include clearly defined definitions of possible transgressions.
- Does your policy and procedure include the sanctions for first, second and third time transgressions.
- Are all your employees aware of the policy and procedure and do they understand it?
- Is the person that chairs disciplinary hearings unbiased and skilled?
Do you have all of these in place, if not you are destined to end up at the CCMA or the Labour Court when an employee is dismissed regardless of the merit of the case.
Take into account that processes are difficult to control and prove so, rather stick with formal processes in your disciplinary hearings to be on the safe side.