Disciplinary Procedures - Pack South Africa

DISCIPLINARY & GRIEVANCES POLICIES & PROCEDURES PACK SOUTH AFRICA

Who should use Disciplinary policies, procedures and forms ? If your business employs staff it is recommended that the company implement procedures and forms for disciplining staff. In this way the company and its employees are aware of the process that needs to be followed, and the forms that need to be used during disciplinary procedures.

What does the Disciplinary Procedures Pack consist of? This bundle consists of the following documents:

• Disciplinary & Grievance Policy


• Warning Letter templates


• Notice of Suspension


• Notice of Disciplinary Enquiry


• Notice of Disciplinary Enquiry Decision


• Notice of Appeal against a Disciplinary Decision


• Notice of Disciplinary Decision following an Appeal


• Disciplinary Enquiry Report


• Staff Grievance Form

• Read the template documents, and adapt them for your requirements, where applicable.


• Distribute the Policy and documents to managers for use when instituting disciplinary procedures.


• Ensure the Policy is available to all staff.

Also viewed: Comprehensive Policies & Procedures of Employment

Why are Disciplinary and Grievance Policies and Procedures Important?

•  These process and procedures are related to disciplinary actions and grievances in the workplace and it covers various topics such as verbal warnings, written warnings, disciplinary hearings, unfair dismissal claims by and employee, gross misconduct by an employee, poor work performance of an employee, informal discussion with management or an employer, previous warnings given to such employee, ill health of an employee, appeal hearing, investigation process, dismissal procedures and more. The aim of the disciplinary and grievance procedures is to ensure that a company or business is treating staff fairly and ensures procedural fairness across the board.


• All employers must make their employees aware of their disciplinary and grievance procedures, disciplinary code, the internal formal process and full disciplinary procedure.


• Disciplinary procedures are a set of formal steps that employers must follow when an employee's behavior or performance falls below an expected standard and can lead an employee to face disciplinary action under their contract of employment, for example in cases of poor work performance. The purpose of a disciplinary procedure is to conduct an investigation and consider all the evidence, such as a verbal warning, as well as to give the employee the opportunity to improve their behavior or performance within a reasonable time before any formal disciplinary action is taken or disciplinary decision is made for which potential consequences of the final decision include suspension of the employee with full pay, suspension of the employee with no pay, final warning, final written warning dismissal, dismissal, summary dismissal or any further action decided by the employer.


• The disciplinary process typically starts with an investigation and a disciplinary enquiry is launched into the employee's behaviour and alleged misconduct, specific disciplinary procedure, which is generally a company's own procedure, is followed during which the employer gathers evidence and speaks to witnesses, collecting witness statements form other employees involved and all other parties involved, this is partly to establish proof of things such as gross negligence or serious misconduct on the side of the employee concerned and to determine whether the employee's behavior or performance resulted in unacceptable behaviour/ gross misconduct and in contrast with the employer's disciplinary code . If the investigation finds that the employee has engaged in gross misconduct or bad performance, the employer may choose to initiate formal disciplinary hearing and formal disciplinary action may be taken.


• An employee may seek advice from a labour relations agency or relevant labour relations act. They may also do their own investigation and present evidence collected during that process.


• Employers should ensure that all verbal warning given to an employee are noted down an kept record of in case disciplinary action is taken at a later stage as it may be useful in the investigation.


• The formal disciplinary process usually involves a disciplinary meeting or disciplinary hearing in line with the disciplinary code, where the employee has the opportunity to respond to the allegations against them and may also present mitigating circumstances to the employer for the employee misconduct. The employee may also be entitled to have a trade union representative or colleague present at the meeting. If the employer decides to take formal action, the employee may receive a verbal warning, written warning, a final warning, a final written warning, or face dismissal as a result of the disciplinary hearing.


• It is important that employers follow a fair procedure when calling for a disciplinary procedure and taking disciplinary action against an employee as this can limit the liability an employer carries and can be seen as a form of progressive discipline leading to a constructive dismissal, also known as a fair dismissal. This includes giving the employee the opportunity to respond to the allegations against them, allowing them to be accompanied by a trade union representative or colleague so as to ensure a fair hearing, and ensuring that any sanction imposed during the disciplinary hearing, such such a verbal warning, written warning or dismissal of an employee is an appropriate sanction to the misconduct or poor performance.


• A Disciplinary meeting and disciplinary action must also abide by the statutory minimum disciplinary procedures.


• If an employee feels that they have been unfairly dismissed, they may have the right to make an unfair dismissal claim to an employment tribunal. In such cases, the employer will need to show that they followed a fair process and that the dismissal was for a valid reason.


• Overall, it is important for employers to have clear disciplinary codes and employment policies in place, to ensure that formal disciplinary procedure is followed during a disciplinary meeting and to follow good practice when dealing with disciplinary matters to ensure that all employees are treated fairly and reasonably.