Disciplinary and Grievances
Our Disciplinary and Grievances services provide a structured approach to managing disciplinary issues and grievances in the workplace.
We assist with the implementation of performance management and if unsuccessful, disciplinary procedures, issuing warnings, and managing disciplinary hearings. We also provide support with suspension and reinstatement procedures, and dismissal documents, ensuring that all processes are fair and transparent.
Disciplinary and Grievances
Warnings:
Valid for 6 months & cannot be held against the employee after expiry
Only valid when the warning is settled in the employee’s favour
Disciplinary and Grievances
Verbal
The first warning is usually a verbal reprimand and explanation; the employee would be given such by their manager with options to prevent a repeat offence and how to correct the behaviour/offence.
There is no SA law stipulating the number of warnings a company can give, but the set precedent is usually 1 verbal and 2 written warnings.
This is for less serious offences before dismissal is a consideration.
This is also for very serious offences before dismissal is a consideration.
For a gross misconduct offence or deplorable breach of faith, a summary dismissal is usually applicable.
Disciplinary and Grievances
Written warnings
This must be in duplicate and witnessed by at least one of the managers the employee reports to.
The employee must be allowed if required or requests, to state their case in writing.
Mitigating circumstances could void the warning in the employees’ favour. The officiating manager is to make their notes on the warning. 1 completed and fully signed copy is for the employee and 1 goes into the employee file.
Disciplinary and Grievances
Examples of Offences
Less Serious Offences
- Being late and leaving early
- Being lazy, and negligent
- Deterioration of a working relationship which adversely affects colleagues around them or the productivity of the business
- Failing to report arriving at work on time due to illness or other reasons
- Not completing tasks in the expected way or given time frame
- Still not completing tasks correctly, despite corrective training
Very Serious Offences
- Habitual absences
- Frequently arriving late
- Lackadaisical conduct
- Insulting colleagues
- Indecent language
- Inadequate, incorrect, or dangerous work performance
- Incorrect use of or not taking proper care of company property
Gross misconduct / Deplorable breach of faith Offences
- Drinking or using narcotics while on company premises
- Leaving company premises while on duty without authorisation
- Theft of company or colleagues’ property
- Intimidation, harassment, discrimination, inappropriate sexual behaviour
- Humiliating, malicious, degrading, insulting behaviour
- Provocation to slow down productivity
- Violent behaviour toward management and colleagues
- Wilful endangerment of a manager or colleague
- Assaulting a manager or colleague
- Fraud
- Disclosing confidential company, client, or staff information to third parties
- Gross Dishonesty
- Gross Negligence
- Gross Insubordination
- Purposefully damaging company or colleagues’ property
- Possession of pornographic material on paper or company devices
- Destruction or deletion of Company information on paper or computers
- Conducting unethical relationships
Disciplinary and Grievances
Disciplinary Hearing Documents
These would vary from case to case. Some of the basic documents required would be:
A full account of the offence/s carried out by the employee. Witness details, statements and affidavits which include that they understand the allegations being brought against the employee.
A list of questions to be put to witnesses.
A list of questions to be put to the employee.
Original documented and recorded evidence against the employee to be shown at the disciplinary hearing, copies to be given to the employee.
Disciplinary and Grievances
Suspension Documents
Record a clear ,concise and detailed report of the grounds for suspension on full remuneration. State the estimated period of the disciplinary investigation into the alleged misconduct, South African Labour Law does not specify a time limit of suspension, rather that the matter should be resolved in the shortest possible time.
State that the employee may not contact anyone working at the company or its suppliers or clients, and that the employee may not enter the premises without an escort employed by the company.
Should the employer feel that the employee might abscond, tamper with evidence, sabotage or damage company property or information, interfere with witnesses or retaliate against colleagues, then the suspension will be without remuneration.
This is only permitted if the employee agrees to it and signs the suspension letter stating they agree to the stipulation. It is also usually only applied as an alternative to dismissal without a disciplinary hearing.
The suspended employee is escorted out of the company and off the premises by a delegated manager.
Provide the details of the manager at the company with whom the employee may make contact via email or telephonically for information regarding their suspension and pending disciplinary hearing or reinstatement to position interview.
Should the employee resign as soon as they have been advised of the suspension documents, they could escape disciplinary action. In which case the company is not compelled to provide a letter of recommendation. The company is only required to confirm the dates of employment should a reference be requested by a new potential employer.
Disciplinary and Grievances
Reinstatement after Suspension Document
Generally, the employee is reinstated into the same position they held prior to dismissal. This would include the same remuneration, benefits, and responsibilities. The employee would report to the same managers unless there was a relationship problem that would hamper productivity of either party.
Terms and conditions of reinstatement after suspension will be
re-established, procedures, conduct and conditions prior to dismissal will be re-established.
A meeting is to be held to advise the employees and management that the dismissed employee is reinstated and that they are to treat the employee as though they were never dismissed, any hostile behaviour will be severely dealt with by management.
For unfair dismissal back-pay and benefits will be paid to the reinstated employee. Management reserves the right to reinstate the employee in a different position with a lower financial package and a probation period should they see fit.
Disciplinary and Grievances
Dismissal Documents
A full account of the offence/s carried out by the employee is to be included in the document pack. Also, a full record of written details of the disciplinary enquiry, employees defence statement and managements findings. Signed by all parties present at the disciplinary enquiry. 1 completed and fully signed copy is for the employee and 1 goes into their employee file. In extreme circumstances where the misconduct is profound and warranted by law, dismissal without notice shall be given.
(Misconduct, Incapacity, Operational Requirements)
