Disciplinary action in the workplace

Disciplinary action is taken by an employer when the employee fails to perform or behave accordingly, fails to follow company policies and procedures or fails to conform to rules, regulations and legislation. Usually, Human Resources manages disciplinary procedures within the workplace. The aim of any organisation is to ensure that it creates a harmonious work environment in which all employees feel safe, healthy and productive.

Types of misconduct in the workplace

• Poor performance: Employees are expected to perform their duties as per the job description and company policies and procedures. If an employee repeatedly fails to perform duties according to what is expected, disciplinary action may be taken against the employee for non-performance.
• Misconduct: Employees are expected to behave in an appropriate manner and treat colleagues and clients with respect and dignity. Employees must abide by company policies and procedures, rules, regulations and legislation. Once these expectations are breached,  disciplinary action can be taken against the employee for misconduct.
• Violation of company policies and procedures: Employees are expected to conform to and follow company policies and procedures. A violation of this may lead to disciplinary action being taken against the employee.
• Other serious types of misconduct include harassment, theft, fraud, insubordination, threat, consumption of alcohol while on duty, sleeping on duty, etc.

Steps of a typical disciplinary procedure:

• Identifying the offence.
• Investigation of the alleged offence.
• Scheduling a disciplinary hearing to investigate the alleged offence and its circumstances.
• Determining the outcome of guilt or innocence based on the evidence presented.
• Determining the appropriate sanction.

Various types of sanctions

• Verbal warning: This type of warning is usually administered for minor offences committed by the employee. During this counselling session, the employee is reminded of the rules, regulations, company policy and procedures.
• Written warning: This type of warning is used by an employer and in the form of a document, to warn an employee of their actions in the workplace, general conduct, and the potential consequences if the employee does not remedy his or her behaviour. A record is kept in the employee’s personnel file for a 6-month period.
• Final written warning: This type of warning is issued during serious cases such as a breach of discipline or repeated misconduct. Any recurrence of the matters complained of is likely to result in the employee's dismissal. A final written warning is kept in the employee’s file for a 12-month period.
• Dismissal: Occurs when there is a serious breach of misconduct, mistrust, endangering the lives of other employees and repeatedly failing to conform to the required performance. This is the most severe type of disciplinary sanction.

The Association offers advice on Labour Relations matters as per the Member Value Proposition. In addition, the Legal and Dispute Resolution unit’s services include chairing of disciplinary hearings and representation at the CCMA at a nominal fee to assist members.

Dr Prishana Datadin

Human Resources Manager

Source:

https://www.employeeconnect.com