GUIDELINES – APPLYING DISCIPLINE

HERE ARE SOME  ‘DO IT YOURSELF’ (‘D.I.Y’) GUIDELINES FOR APPLYING DISCIPLINE TO YOUR EMPLOYEE:

WHEN TO DISCIPLINE YOUR EMPLOYEE.

THESE (‘D.I.Y’) ‘STEP- BY – STEP’ GUIDELINES WILL ASSIST YOU TO:

  • FIND THE REASON FOR YOUR EMPLOYEES NOT CARRYING OUT INSTRUCTIONS TO COMPLETE THE TASKS YOU HAVE GIVEN TO THEM AND TO TAKE CORRECTIVE ACTION (DISCIPLINE)

THESE  (D.I.Y)’ GUIDELINES HAVE BEEN DEVELOPED AND APPLIED DURING 25 YEARS OF PROVIDING A “LABOUR RELATIONS AND MANAGEMENT CONSULTANCY SERVICE” TO VARIOUS EMPLOYERS. (REFER TO OUR WEB PAGE, PAGE (“ABOUT US”) FOR MORE DETAILS.

BY FOLLOWING THESE “GUIDELINES” WE ALSO ASSIST YOU TO REMAIN WITHIN CURRENT LABOUR LAWS.

BUT FIRST YOU NEED TO UNDERSTAND WHAT DISCIPLINE IS, WHEN TO HAVE A DISCIPLINARY INTERVIEW AND WHEN TO CONDUCT A DISCIPLINARY HEARING.

PLEASE REFER TO OUR WEB PAGE, PAGE (“DEFINITION OF DISCIPLINE”) BEFORE TAKING DISCIPLINE.

PLEASE NOTE:

REMEMBER TO FIRST READ  “DEFINITION OF DISCIPLINE” BEFORE TAKING DISCIPLINE.

IF AN EMPLOYEE IS NOT FOLLOWING YOUR INSTRUCTIONS / PROCEDURES OF THE COMPANY:

STEP 1:           ASK YOURSELF:    WHAT DID THE EMPLOYEE DO WRONG:

CHECK:           DID HE/SHE CARRY OUT YOUR INSTRUCTION?

DID HE/ SHE FOLLOW YOUR PROCEDURES

WHAT RULE /REGULATION DID EMPLOYEE BREAK?

IS EMPLOYEE AWARE OF THE RULE/REGULATION / PROCEDURE THAT WAS NOT COMPLIED WITH?

WAS THE RULE/REGULATION / PROCEDURE THAT WAS NOT COMPLIED WITH, COMMUNICATED TO THE EMPLOYEE?

WERE THE TOOLS / MACHINERY EMPLOYEE WAS USING PERHAPS UNRELIABLE OR FAULTY?  IF THIS IS THE CASE IT IS NOT THE EMPLOYEES FAULT.

STEP 2:

INVESTIGATE AND FIND OUT WHAT THE OFFENCE (WHAT EMPLOYEE DID WRONG) IS

– EXAMPLE;

WHILST FOLLOWING THE ABOVE CHECKLIST YOU HAVE FOUND THAT YOUR EMPLOYEE DID NOT CARRY OUT YOUR INSTRUCTION TO COMPLETE THE TASK, HE / SHE ONLY COMPLETED PART OF THE TASK.

NOW YOU HAVE TO CHECK THE DATE AND TIME / PERIOD WITHIN  WHICH THE OFFENCE TOOK PLACE. (EG. IN THE MORNING / AFTERNOON, DURING 4 TO 6 MARCH 2019 ETC).

THE ABOVE PERIOD WHEN THE OFFENCE OCCURRED CANNOT BE MORE THAN 2 TO 3 WEEKS AGO. DISCIPLINE MUST BE TAKEN AS SOON AS POSSIBLE, EXCEPT WHERE IT CAN BE PROVEN THAT THE OFFENCE WAS ONLY DISCOVERED LATER (E.G. DURING A FINANCIAL AUDIT LASTING 2 MONTHS).

STEP 3:

FORMULATE (WRITE DETAILS OF) THE OFFENCE.

EXAMPLE: OFFENCE WOULD BE:

“FAILING TO CARRY OUT AN INSTRUCTION, IN THAT DURING PERIOD 4 TO 6 MARCH 2019  YOU FAILED TO COMPLETE THE TASK, YOU WERE INSTRUCTED TO CUT 14 PIPES. BUT YOU ONLY CUT 8 PIPES.”

STEP 4.           “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.”

PLEASE NOTE:

 THE ACCURACY ( CORRECTNESS) OF THE “OFFENCE” IS VERY IMPORTANT AS THE “OFFENCE” DESCRIBES THE MISCONDUCT (WHAT THE EMPLOYEE DID WRONG) AND HAS TO BE FORMULATED CORRECTLY.

  • USUALLY FORMULATING A MAXIMUM OF 3 OFFENCES IS SUFFICIENT FOR A “DISCIPLINARY INTERVIEW” OR A NOTICE TO ATTEND A DISCIPLINARY HEARING”
  • THE “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.” HAS TO BE COMPLETED TO BE ABLE TO TAKE CORRECTIVE DISCIPLINE AGAINST THE EMPLOYEE. THE EMPLOYEE CAN EITHER RECEIVE A WRITTEN  WARNING , SEVERE OR FINAL WARNING.

HOWEVER HE/SHE MAY NOT BE DISMISSED AFTER A “DISCIPLINARY INTERVIEW AND  / OR USING THIS  “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.”FORM  A “DISCIPLINARY HEARING” (REFER STEP 6) HAS TO BE HELD.

 THE NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.” FORM IS USED TO APPLY DISCIPLINE BY GIVING THE EMPLOYEE A “WRITTEN WARNING” , “SEVERE” OR “FINAL WARNING” ONLY.

 **PLEASE NOTE:

THE PERSON (WHO INVESTIGATES THE INCIDENT/ MISCONDUCT) AND WHO COMPLETES THE NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.”FORM) CANNOT BE THE SAME PERSON THAT CONDUCTS THE DISCIPLINARY INTERVIEW.

  STEP 5       DISCIPLINARY CODE AND PROCEDURE.

IT IS ESSENTIAL THAT YOU OBTAIN THE “DISCIPLINARY CODE AND PROCEDURE” DOCUMENT AS THE ENTIRE DISCIPLINARY PROCESS IS BASED ON THE “DISCIPLINARY CODE AND PROCEDURE”. IF A DISMISSAL IS REFERRED TO THE CCMA. YOU MAY BE REQUESTED TO PRODUCE THIS DOCUMENT.

THE IMPLEMENTATION OF A “DISCIPLINARY CODE AND PROCEDURE”  IS ESSENTIAL FOR THE EFFICIENT RUNNING OF THE COMPANY’S  (OR YOUR OWN BUSINESS) BUSINESS, THE SAFETY AND FAIR TREATMENT OF ITS EMPLOYEES AND SOUND LABOUR RELATIONS.

THE “DISCIPLINARY CODE AND PROCEDURE” IS INTENDED TO ENSURE THAT EMPLOYEES HAVE KNOWLEDGE OF THE RULES WHICH GOVERN THEIR EMPLOYMENT WITH THE COMPANY AND IT ACCORDINGLY DESCRIBES THE ACTION WHICH MAY BE TAKEN BY THE COMPANY SHOULD AN EMPLOYEE COMMIT AN OFFENCE.

DISCIPLINE IS A METHOD OF ENSURING ACCEPTABLE CONDUCT.

MANAGEMENT IS RESPONSIBLE FOR MAINTAINING FAIR, JUST AND CONSISTENT DISCIPLINE AND FOR ADMINISTRATION OF THE DISCIPLINARY CODE AND PROCEDURE.

MANAGEMENT IS RESPONSIBLE FOR ENSURING THAT ALL EMPLOYEES ARE MADE AWARE OF THE STANDARDS OF ACCEPTABLE BEHAVIOUR EXPECTED OF THEM.

EMPLOYEES ARE EXPECTED TO: 

COMPLY WITH THE VARIOUS RULES AND PROCEDURES OF THE COMPANY;

CARRY OUT ALL REASONABLE INSTRUCTIONS GIVEN TO THEM;

COMPLY WITH THE LAW;

BEHAVE IN AN ORDERLY AND LAWFUL MANNER, AND

TREAT ALL OTHER PERSONS AND THEIR PROPERTY WITH RESPECT.

IT IS ADVISABLE TO OBTAIN AND STUDY THE “DISCIPLINARY CODE AND PROCEDURE” DOCUMENT BEFORE PROCEEDING TO DISCIPLINE THE EMPLOYEE.

HOW DO I OBTAIN MY “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.” FORM AND “DISCIPLINARY CODE AND PROCEDURE” DOCUMENT?

OPTION 1:       “DO IT YOURSELF”

USE THE INFORMATION YOU HAVE GATHERED BY FOLLOWING THE ABOVE STEPS AND FORMULATE YOUR OWN ‘OFFENCE’ .

WE SHALL  E-MAIL THE “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.” FORM (COMPLETE WITH GUIDELINES ON HOW TO CONDUCT THE DISCIPLINARY INTERVIEW WITH THE EMPLOYEE) TO YOU.

OPTION 2:       “WE FORMULATE THE OFFENCE FOR YOU AND COMPLETE THE “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW” FORM FOR YOU”,

JUST SUBMIT THE INFORMATION RELATING TO THE “OFFENCE”  YOU HAVE GATHERED BY FOLLOWING THE ABOVE STEPS AND E-MAIL THIS INFORMATION TO US AND WE SHALL FORMULATE THE OFFENCE FOR YOU.

YOU WILL THEN RECEIVE THE COMPLETED  “NOTICE TO ATTEND A DISCIPLINARY INTERVIEW” FORM (COMPLETE WITH GUIDELINES ON HOW TO CONDUCT THE DISCIPLINARY INTERVIEW).

 COST:

OPTION 1: = R 95

OPTION 2: = R 110 (FORMULATING UP TO A MAXIMUM OF 3 OFFENCES ,OFFENCES CAN ALSO BE LESS THAN 3)

PLEASE  E-MAIL THE OPTION YOU SELECT:

“OPTION 1” OR

“OPTION 2” (IF OPTION 2 IS SELECTED, PLEASE INCLUDE DETAILS OF THE INCIDENT/OFFENCE AS PER THE ABOVE GUIDELINES).

“DISCIPLINARY CODE AND PROCEDURE” (INCLUDES EXAMPLES OF VARIOUS CATEGORIES OF “OFFENCES”, YOU CAN USE.)  DOCUMENT.

COST OF THE “DISCIPLINARY CODE AND PROCEDURE” DOCUMENT = R 130.

BANKING DETAILS:

R.F.BOSCH

FNB.

BRACKENCITY

BRANCH CODE:   252242

ACCOUNT NO:    626 000 955 84

PLEASE E-MAIL PROOF OF PAYMENT TO rudy@selfhelp-labour-relations.co.za

ON RECEIPT OF “PROOF OF PAYMENT’ (EFT) THE REQUIRED  DOCUMENTS WILL BE E-MAILED TO YOU.

PLEASE NOTE:

THE NOTICE TO ATTEND A DISCIPLINARY INTERVIEW.” THIS FORM IS USED TO APPLY DISCIPLINE BY GIVING THE EMPLOYEE A “WRITTEN WARNING” , “SEVERE” OR “FINAL WARNING” ONLY.

STEP 6                       

YOUR NEXT  ‘DO IT YOURSELF’ (DIY) GUIDELINE:

THE DISCIPLINARY HEARING.

IF THE EMPLOYEE HAS COMMITTED A SERIOUS OFFENCE (REFER “DISCIPLINARY CODE AND PROCEDURE” DOCUMENT) WHICH MIGHT LEAD TO THE EMPLOYEE BEING DISMISSED, A DISCIPLINARY HEARING HAS TO BE HELD.

YOU NOW HAVE TO COMPLETE A DOCUMENT CALLED ‘ NOTICE TO APPEAR AT A DISCIPLINARY HEARING’

BEFORE  COMPLETING THE ‘ NOTICE TO APPEAR AT A DISCIPLINARY HEARING’ DOCUMENT

YOU NEED TO FOLLOW THE ABOVE  ‘DO IT YOURSELF’ (DIY) ‘STEP FOR STEP’ GUIDELINES (STEPS 1-5) TO FORMULATE THE OFFENCE THE EMPLOYEE HAS COMMITTED.

BASIC ELEMENTS OF A FAIR DISCIPLINARY HEARING.

INTRODUCTION.

Irrespective of the clauses already contained in your Disciplinary Code and Procedure, there is number of minimum criteria which would have to be observed by those who conduct disciplinary hearings.

These have been obtained from numerous Labour Court and CCMA Arbitration cases, where the unfortunate employer had to learn “the hard way”.

These minimum criteria will be summarised below and it is hoped that we will learn from others’ unfortunate mistakes and not end up committing them ourselves and also having to learn the hard way.

MINIMUM CRITERIA FOR A FAIR DISCIPLINARY HEARING

–        the right to be told  the nature of the offence/ misconduct.

–           the right to be disciplined timeously.

–           the right to prepare or be given adequate notice prior to the hearing.

–           the right to representation.

–           the right to state his/her case/and to defend himself/herself

–           the right to call witnesses.

–           the right to an interpreter of his/her choice.

–           the right to a finding (guilty or not guilty).

–           the right to have previous service considered as mitigation.

–           the right to be advised of the penalty.

–           the right to appeal.

–           the right to lead evidence in mitigation before receiving penalty.

  NOTICE TO APPEAR AT A DISCIPLINARY HEARING’ DOCUMENT”

IT IS ESSENTIAL THAT THE “NOTICE TO APPEAR AT A DISCIPLINARY HEARING” DOCUMENT IS COMPLETED CORRECTLY AND THE ABOVE “CRITERIA FOR A FAIR DISCIPLINARY HEARING” IS INCLUDED IN THIS DOCUMENT. 

HOW DO I OBTAIN MY “NOTICE TO ATTEND A DISCIPLINARY HEARING.” DOCUMENT?

OPTION 3:       “DO IT YOURSELF”

USE THE INFORMATION YOU HAVE GATHERED BY FOLLOWING THE ABOVE STEPS AND FORMULATE YOUR OWN ‘OFFENCE’ .

WE SHALL  E-MAIL THE “NOTICE TO ATTEND A DISCIPLINARY HEARING.” DOCUMENT (COMPLETE WITH GUIDELINES ON HOW TO ISSUE THIS DOCUMENT TO THE EMPLOYEE)  TO YOU.

OPTION 4:

“WE FORMULATE THE OFFENCE FOR YOU AND COMPLETE THE “NOTICE TO ATTEND A DISCIPLINARY HEARING” DOCUMENT FOR YOU”,

JUST SUBMIT THE INFORMATION RELATING TO THE “OFFENCE”  YOU HAVE GATHERED BY FOLLOWING THE ABOVE STEPS AND E-MAIL THIS INFORMATION TO US AND WE SHALL FORMULATE THE OFFENCE FOR YOU.

YOU WILL THEN RECEIVE THE COMPLETED  “NOTICE TO ATTEND A DISCIPLINARY HEARING” DOCUMENT (COMPLETE WITH GUIDELINES ON HOW TO ISSUE THIS DOCUMENT TO THE EMPLOYEE)

COST:

OPTION 3: = R 95

OPTION 4: = R 110 (FORMULATING UP TO A MAXIMUM OF 3 OFFENCES ,OFFENCES CAN ALSO BE LESS THAN 3)

PLEASE  E-MAIL THE OPTION YOU SELECT:

“OPTION 3” OR

“OPTION 4” (IF OPTION 4 IS SELECTED, PLEASE INCLUDE DETAILS OF THE INCIDENT/OFFENCE AS PER THE ABOVE GUIDELINES).

PLEASE NOTE:

A “HOW TO CONDUCT A DISCIPLINARY HEARING” GUIDELINE” DOCUMENT IS ALSO AVAILABLE. THIS “GUIDELINE” DOCUMENT CAN ALSO BE USED AS “THE  MINUTES” OF THE DISCIPLINARY HEARING” WHILE YOU ARE CONDUCTING THE  DISCIPLINARY HEARING. THIS GUIDELINE GUIDES YOU (PROVIDES THE STEPS TO FOLLOW AND QUESTIONS TO ASK) WHILE YOU ARE CONDUCTING (CHAIRING) THE DISCIPLINARY HEARING.

COST OF DOCUMENT “HOW TO CONDUCT A DISCIPLINARY HEARING” GUIDELINE” = R160

BANKING DETAILS:

R.F.BOSCH

FNB.

BRACKENCITY

BRANCH CODE:   252242

ACCOUNT NO:    626 000 955 84

PLEASE E-MAIL PROOF OF PAYMENT TO rudy@selfhelp-labour-relations.co.za

ON RECEIPT OF “PROOF OF PAYMENT’ (EFT) THE REQUIRED  DOCUMENTS WILL BE E-MAILED TO YOU.

TRAINING.

WE ALSO PROVIDE TRAINING  WORKSHOPS FOR GROUPS OF DELEGATES OR ON A ONE-ON-ONE BASIS (EG. WE TRAIN YOUR HUMAN RESOURCE OFFICER / PERSON IDENTIFIED WHO HAS TO IMPLEMENT DISCIPLINE  OR HAS TO BE THE CHAIRPERSON OF  THE DISCIPLINARY HEARING.

FOR MORE INFORMATION REGARDING THE ABOVE, PLEASE E-MAIL YOUR REQUIREMENTS TO rudy@selfhelp-labour-relations.co.za.

ANY QUESTIONS REGARDING THE ABOVE GUIDELINES PLEASE E-MAIL TO rudy@selfhelp-labour-relations.co.za.