A disciplinary enquiry can’t just have a fair reason
It has to follow a fair procedure too
Last month, I started my series of articles, based on Global Business Solutions’ disciplinary enquiry workshop, with:
- How you must investigate any employee wrongdoings before these escalate into a disciplinary enquiry; and
- What is a fair reason for instituting a disciplinary procedure.
Important: Your disciplinary enquiry must follow a fair procedure – it can’t only have a fair reason.
Otherwise, you risk having your enquiry being dismissed.
Follow these 4 steps to ensure your disciplinary enquiry follows a fair procedure
1. Find out what the facts and circumstances are surrounding the employee’s wrongdoing. By doing this, you need to find out if there are any grounds to take action against the employee or dismiss him.
2. Notify your employee of the allegations against him. Remember to use a form of communication, and a language, that he can understand easily.
3. Give your employee a reasonable amount of time to prepare his defence. He’s allowed to be represented by a shop steward or a fellow employee.
4. Tell your employee what decision was taken. Notify him about this decision in writing stating why he was dismissed, his right to appeal, review the decision or take further action at the CCMA.
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Lia Marus is the editor of HR Pulse. She has a BA in French, Italian and Linguistics from UCT, an MA in translation from Wits and a Postgraduate Diploma in Management from the Wits Business School. She is currently studying towards her LLB through Unisa. Lia started her career off in corporate communications, where she worked as a sub-editor, researcher and marketing coordinator. She then heeded the call of the publishing world and went into the business-to-business publishing field. She worked as a sub-editor as well as a chief sub-editor. Before joining ITWeb, she managed an HR guidebook at a leading international publishing company. |
