Discipline and Dismissal

Breaking News



 

It is a fact that more employers lose cases at the CCMA because of poor preparation than for any other reason. Employers must realize that, from the beginning, the employer is preparing a case for the CCMA. I receive numerous cries for help from employers stating that "we followed all the fair procedures and now the employee is taking us to the CCMA stating that no procedure was followed."


Further questioning on my part always reveals that the "fair procedure" followed by the employer prior to the dismissal consisted of nothing more than "we spoke to him a number of times about his absenteeism, and we warned him several times. But eventually we had to dismiss him." The employer has absolutely nothing in writing – why am I not surprised when the employee refers a dismissal to the CCMA – and ends up with an award of a few months salary?


Employers must realize that the CCMA will very seldom question the employer's reasons for the dismissal. The CCMA is concerned with only one thing – fairness. The employee only has to prove that he/she was dismissed. That's all. The employer must prove that the dismissal was effected only after following a fair procedure, and the employer must prove that the dismissal was a fair sanction under the circumstances.


How can the employer possibly prove this, if the fair procedure consisted only of "we spoke to him on several occasions and gave him several warnings" and there is no written record to substantiate this ?'' There is no substitute for preparation – and employers must realize that, right from the time the act of misconduct is brought to the attention of the employer, preparation for the CCMA conciliation and arbitration has begun.


In every instance where there is a possibility of dismissal, the employer must prepare for the disciplinary hearing as if he were preparing for the CCMA conciliation and arbitration – for the simple reason that 99% of employees will refer the matter to the CCMA. Apart from that, proper preparation involves investigation, gathering of evidence, taking down witness statements, preparation of witnesses, appointment of Chairperson, arranging the disciplinary hearing, and applying the sanction.


Most importantly, the purpose of the investigation is firstly to establish whether an act of misconduct has been committed at all, and secondly, if so, whether there is a need for a formal or informal disciplinary hearing. Not every act of misconduct requires a formal hearing – usually only those instances where dismissal is a distinct possibility will require a formal approach. Instances where a warning is the likely outcome can be addressed informally and quickly.

Courses and Workshops

 

                                         

 

Workshop: New Amendments to Labour Legislation

20 February 2019 (Fully Booked)

Hotel Fire & Ice: Menlyn

21 February 2019 (Fully Booked)

Emperors Palace Convention Centre

26 February 2019 

Protea Hotel: Tyger Valley: Cape Town

28 February 2019 (Fully Booked)

Emperors Palace Convention Centre

08 March 2019

Southern Sun: Elangeni: Durban

13 March 2019

Emperors Palace Convention Centre

28 March 2019

Hotel Fire & Ice: Menlyn   

Employment Equity Committee Training

08 March 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

29 March 2019

Emperors Palace: Convention Centre 

05 April 2019

Southern Sun: Elangeni: Durban

Basic Labour Relations

22 February 2019

Emperors Palace: Convention Centre

01 March 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

07 March 2019

Southern Sun: Elangeni: Durban

Compensation for Occupational Injuries and Diseases Course

22 February 2019

Emperors Palace: Convention Centre

15 March 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

03 April 2019

Southern Sun: Elangeni: Durban

The OHS Act and the Responsibilities of Management

13 March 2019

Emperors Palace: Convention Centre

14 March 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

04 April 2019

Southern Sun: Elangeni: Durban

Workshop Chairing Disciplinary Hearings

14 & 15 March 2019

Emperors Palace: Convention Centre

Managing Day to Day Issues/ Problem Employees Full day workshop

29 March 2019

Emperors Palace: Convention Centre

05 April 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

 

 

 Our Clients