Disciplinary Enquiries For Gross Misconduct
Managers have quite a tough task ahead of them because as role models they have to behave with integrity in guiding and directing their staff. With disciplinary enquiries they have to be up to date with and comply with labour law requirements in order for peace to reign. Every company has the right to enforce rules and expect normal and fair behaviour from their staff members. Managers need to inform their employees as to the type of behaviour the company will consider as gross misconduct. Sometimes it is necessary for managers to act as mediators and they may need to be involved in disciplinary hearings where there has been misconduct in the workplace.
Make Sure Your Response to Misconduct is Consistent with Labour Law
Labour law lays out policies on how a manager can treat an employee, warn them or terminate their services. The entire management staff needs to be familiar with all company policies and procedures, and these policies need to be regularly reviewed as the laws change. Attending labour law training courses help to keep management up to date and it is always in their best interests with disiplinary enquires to be in communication with the Human Resources Department before proceeding with any kind of action.
Discipline in terms of labour law is seen as rectifying unacceptable behaviour rather than dishing out punishment for the transgression of rules. After allegations have been raised, fact finding and investigations are set in motion to bring to light the relevant evidence of workplace misconduct.
The principles underlying a disciplinary enquiry are -
- The right of workers to a fair process
- The right of management to take the right disciplinary steps against a worker whose behaviour is in conflict with the way in which the company conducts itself
If your company is in any way unsure how to proceed with a disciplinary enquiry there are firms who specialise in labour law compliance. They assist companies with the effective management of their employees and also with compliance with their employment regulations. They can advise companies on how to resolve employee grievances before they turn into horrible labour court disputes.
Proving or Disproving Misconduct
The employer prepares a Notice to Attend a Disciplanary Hearing for the employee setting out the time, venue and date of the hearing. The employee is entitled to be represented by a union official and an interpreter if necessary. Evidence is submitted to prove or disprove the misconduct. The employer has to prove that a dismissal is the fair way to proceed.
Ignorance can Escalate into Something More Serious
Mistakes because of ignorance and lack of communication can be expensive and unproductive. Not understanding the way disciplinary enquiries work can have dire consequences for a company and it is imperative that management are 100% informed of disciplinary proceedings and other labour relations. The only way to take on a disciplinary enquiry is to be informed and prepared and by following a proecedure that is fair and correct to ensure your company doesn’t end up with egg on it’s face.
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