Employee misconduct or performance issues can be a very stressful thing to deal with; not only for the employer but also for the employee.
When it comes to disciplinary hearings, it is vitally important to follow the right procedures in order to treat the employee fairly, but also to ensure that the company does not suffer in the process.
How is non-performance or misconduct dealt with? When there are performance issues with staff members, the 'process' usually starts with verbal and then written warnings, which may or may not be followed by a disciplinary hearing.
Employees are able to appeal against a final written warning.
Should an employer be of the opinion that only evidence will be able to determine the outcome, he can hold an enquiry and a disciplinary hearing.
What are written warnings and how do they work? Written warnings are usually valid for three to six months and final written warnings are valid for a time period of up to one year.
They should always be signed by both parties and the employee is allowed to object.
If the behaviour has not improved or changed after a final written warning, the employer may decide to hold a disciplinary hearing.
What happens during a disciplinary hearing? During a disciplinary hearing, the employee will be asked to provide a reasonable explanation for his/her conduct after which it will be decided whether or not the explanation is acceptable.
The employer will take into account all the facts, from both sides.
If it is found that the employee in question is guilty of misconduct, the aggravating and mitigating circumstances must also be taken into the equation to determine whether or not dismissal is the appropriate measure.
In most cases, dismissal is a last resort, usually when it is determined that the trust relationship between employee and employer has broken down irreparably.
As an employer, you'll need to consider the following: · The severity of the misconduct or non-performance · The reason the employee gives for his misconduct/non-performance · His role within your company and his level of seniority · Whether the employee has prior disciplinary issues The importance of correct disciplinary action: how training can help Before any disciplinary hearing is initiated, the employee's manager or the chairman of the hearing needs to be on par with what is at stake.
This is a critical part of the manager's or chairman's skill set as making mistakes can have severe financial as well as credibility repercussions.
In order to fully understand this process and all its complexities, training is highly advisable.
Training courses related to chairing disciplinary hearings are typically attended by supervisors, managers, HR managers and senior managers, and deal with topics such as appropriate procedures and understanding the responsibilities.
Specific topics covered during the training courses include: · The Labour Relations Act; · Investigation of the misconduct; · Gathering evidence; · Determining appropriate measures; · Issuing warnings; · Preparing and presenting evidence and witnesses; · Reaching a verdict; · What happens if the matter goes to the CCMA? Many employers lose cases at the CCMA because of poor preparation and conduct of disciplinary hearings.
Thorough preparation and following the right procedures is therefore critical.
Training is strongly recommended as disciplinary hearings are a serious matter where a lot is at stake.