Effective and fair disciplinary enquiries have many significant and positive effects in the workplace. In addition to avoiding the obvious consequences of an unfair dismissal referral, and all the cost and time involved in the litigation of such a dispute, effective and fair disciplinary enquiries assist with the establishment of trust in management.
Employees feel secure that transgressions are dealt with fairly and as a result management decisions are given legitimacy. Ultimately, the relationship between managers and their subordinates is improved which can assist towards enhanced workplace productivity.
Enhance your organisation’s fairness
In light of the above mentioned benefits, below are a few practical guidelines to help enhance the fairness and effectiveness of your organisation’s disciplinary enquiries.
If your organisation is contemplating charging an employee with misconduct:
- Ensure that, before any further steps are taken, a proper investigation into the alleged misconduct is undertaken. All the employees or individuals who were involved in, or witness to, the incident must be interviewed and their statements taken. In addition, all relevant evidence should be secured and gathered.
- Once the investigation has been completed, decide on a strategy and whether or not a disciplinary enquiry is necessary in the circumstances. If, for example, during the investigation it is discovered that there isn’t sufficient evidence to find the employee guilty of the alleged misconduct, it may be more beneficial to wait until further evidence comes to light.
- Ensure that disciplinary proceedings are appropriate in the circumstances. South African law requires that an employee is dismissed for a fair reason and in accordance with a fair procedure. A dismissal will not be considered fair unless it is justifiable and is related to either the employee’s misconduct or incapacity (due to an employee’s ill health or poor work performance) or the employer’s operational requirements.
If an employer wishes to dismiss an employee for one of these reasons, the law prescribes a specific and different procedure that needs to be followed for each type of dismissal. Thus, in order to ensure that the issue is dealt with appropriately and that the correct procedure is followed, it is important to determine whether the dismissal contemplated is due to the employee’s misconduct, incapacity or due the employer’s operational requirements.
Disciplinary proceedings are only prescribed for acts of misconduct. Acts of misconduct and issues that emerge as a result of an employee’s incapacity or ability to perform their work adequately are often confused.
In order to make the distinction between acts of misconduct and acts arising out of an employee’s incapacity, consideration must be given to whether or not, when breaching the workplace rule or requirement, the employee is at fault or is to blame (i.e. was the employee negligent or did they intend to do something wrong).
If blame can be attributed to the employee, then disciplinary action is appropriate. However, if the employee is not to blame, it is likely that the issue needs to be dealt with as an issue of incapacity.
- Determine whether or not it is necessary to suspend the employee, pending the outcome of the disciplinary enquiry. When making this decision, consider the nature and severity of the offence, whether the accused employee could tamper with evidence or interfere with witnesses, whether there is a threat to the safety of other employees or to the accused employee and/or whether the employee could repeat the offence before the hearing. Before suspending the employee, it is advisable to inform the employee that their possible suspension is being contemplated, and ask them if they would like to make any representations. Give the employee an opportunity to make their representations, consider their representations (if any), and then make a decision on their suspension.
- It is very important to draft the appropriate disciplinary charge, based on the evidence that is available. If necessary get assistance in this respect, especially in cases of serious and/or complicated cases of alleged misconduct. It is crucial to charge an employee correctly as it is almost impossible to find an employee guilty of a charge that is not supported by the evidence lead at the enquiry.
During a disciplinary enquiry process
- Ensure that an impartial individual is tasked with chairing the hearing. The chairperson must not be someone who has been involved in the incident or someone who will be suspected of being impartial. In circumstances where it is difficult to find an impartial chairperson from inside an organisation, it may be worth considering appointing an external chairperson.
- Ensure that a logical and sensible order of proceedings in followed during the enquiry and that both parties (the accused employee and the complainant) have an opportunity to make an opening statement, call witnesses, cross examine the other party’s witnesses and make closing statements.
- If a finding of guilt is made, ensure that both parties are able to lead evidence and make arguments in mitigation and/or aggravation of sanction.
- If the employee is dismissed the employee must be notified or his/her right to appeal the finding (if applicable) and/or his or her right to refer an unfair dismissal dispute to the CCMA or bargaining council, whichever is applicable.
- The parties must be provided with a logical and well-reasoned written finding of the outcome of the hearing.
Keys To Simplify Payroll Compliance
Human resources departments across the country cite compliance as one of the top challenges they face. As an SME owner, it’s up to you to ensure that your company’s personnel business practices adhere to the current laws.
Keeping accurate records to document your company’s compliance is just the beginning, says Ania Strydom, Compliance Specialist at Sage.
1. Why is payroll compliance so important?
Payroll is the biggest expense for most employers. Employers must comply with all labour and tax laws that govern the payroll to avoid financial and legal risks and to protect the employees and the business. The risks of getting it wrong include:
- Interest or fines by authorities
- Imprisonment in cases of fraud or extreme negligence.
Payroll fraud is one of the most common white-collar crimes in the business world; what’s more, inaccurate payments and non-compliance can cost a business dearly.
2. What are the implications for staff if a company is non-compliant?
The payroll is one of the most crucial links in the employee-employer relationship. Late or inaccurate wage and salary payments, or inaccurate calculations of other earnings (such as overtime), deductions (such as PAYE and UIF), and contributions (such as retirement fund or UIF contributions) can be extremely damaging to the morale of the workforce.
By law, every employee is entitled to a payslip and tax certificate (IRP5/IT3(a)). Employees need payslips for purposes such as applying for personal or home loans. Accurate and easy to understand payslips will boost employee satisfaction and trust in the company, with a positive impact on business performance.
What’s more, employers must make sure UIF contributions are correct so that employees get the full amount they are entitled to if they need to claim.
3. How will the company’s growth prospects be affected if the company is non-compliant?
While an efficient payroll system enhances staff morale and boosts an organisation’s reputation, mistakes in record-keeping and compliance can result in punitive penalties and hurt the company’s brand. Compliance mistakes with payroll can be expensive and potentially catastrophic which subsequently results in business risks.
4. How can a business ensure it is payroll compliant?
South African tax regulations and labour laws are and continue to be more complex. Keeping track of all the payroll legislative requirements can be challenging, but the risks of non-compliance are high and businesses can no longer rely on spreadsheets and other manual methods to do their calculations, report and file returns.
Automated solutions are becoming more essential for keeping reliable records, reporting and performing accurate payroll calculations.
The package you choose should:
- Be tailored for the local tax law, labour law and regulatory environment
- Manage all the complex calculations and regulatory reporting the business must do timeously
- Feature automated updates to ensure the company always processes on the latest software and legislative version.
This will ensure it avoids censure, fines, penalties, interest and/or imprisonment as a result of non-compliance.
Why Your Employees’ Health Is Your SME’s Wealth
Absenteeism costs R16 billion annually, according to Stats SA. That’s a lot more than it costs to sign up for a group offering that is specifically designed for small to medium enterprises.
- Visit: www.fedhealth.co.za
- Call: 0860 002 153
Fedhealth’s Commercial Executive, Michelle Morton explains the importance of group health cover to keep your SME’s pulse strong.
1. Why is it important for a SME to care about the health of its employees?
First, when an employee in a critical role within the SME falls ill, there’s often nobody else to fill the skills void created by his or her absence. This can have a detrimental effect on the daily operations and business output.
Second, offering sound medical aid may attract and retain the right talent to the business.
Third, choosing a medical aid like Fedhealth, which places a big emphasis on preventative health and wellness, can also assist the SME owner in cultivating a healthy culture in the workplace.
2. What should business owners consider when looking for a group medical plan?
Apart from factors like affordability, a good reputation, and ability to pay claims, look for schemes that offer value-added services, such as wellness days where staff can undergo crucial health screenings, and programmes to address specific health issues.
3. What are the top health concerns for today’s workforce?
Back and neck pain are second to headaches when it comes to painful conditions affecting humans — especially office workers, who are often desk-bound for hours on end. Fedhealth offers qualifying members a 12-week Conservative Back and Neck Rehabilitation programme to help correct the problem through exercise and behaviour.
Diabetes and hypertension are also on the rise, while some employees face HIV/Aids, weight issues or struggle to quit smoking. Fedhealth provides assistance for all these diseases and health concerns.
4. How will the employees benefit from working for a company with a great group medical plan?
I believe it makes the business a more attractive place of work for employees, as medical aid is a much-needed benefit and costly if one has to pay for it out of one’s own pocket.
5. Please explain the importance of the SOS Corporate Wellness benefit
The Sisters-on-Site service (SOS Corporate Wellness) is a value-add as it brings basic healthcare to the office. This means that staff can regularly see a qualified nursing sister at their place of work for minor health issues, instead of having to take time off work to visit the doctor or clinic.
Employees build a rapport with the sister, as they see her on a frequent basis. Through the SOS Corporate Wellness benefit, they can also conduct important health screenings that might flag serious health issues of which the employees might be unaware. Sisters-on-Site can also facilitate monthly health themes to raise employee awareness on issues like breast cancer.
Why HR Legislation Compliance Can Curb Business Failure
Don’t let your business reputation get dented due to non-compliance.
Millennium Support Services is designed to afford all business enterprises the opportunity to have Human Capital Management for their business.
“It is just unfortunate that non-compliance is exactly that “non-compliance” and most small businesses reputation gets dented or even fully destroyed, in the event that they are being accused of non-compliance by employees and statutory bodies” says Sharon Tshabalala CEO of MSS.
“Small businesses have no resources yet at the same time are not exempted from compliance. So, through the use of technology we are able to provide easily accessible HR services across the board.”
Millennium Support Services provides businesses with exclusive distinctions of its service, so that you can ensure that your business remains compliant.
Human Resource Policies
The advantage it has over other online HRM systems is that it offers online access to Human Resource policies based on approved legislative framework.
In cases where disciplinary proceedings have to be under taken, an independent chairperson will be made available. When disputes have been escalated to the CCMA, a Labour Relations Expert will represent the employer.
The primary purpose of discipline is to encourage employees to correct their conduct and/or discourage employees from breaching standards of conduct. Depending on the nature of the breach, there are five forms of disciplinary sanctions taken against employees – either formal or informal.
Namely: Verbal Warning, Written Warning, Final Written Warning, Suspension of Salary and finally Dismissal.
The purpose of this policy is to give guidance and to provide a framework on how to raise and deal with grievances effectively at the earliest possible stage. There are three types of Grievance which have an informal/formal procedure.
Namely: Mild Grievance, Serious Grievance and Sensitive Grievance.
4Occupational Help Policy
The purpose of this policy is to establish minimum standards and requirements of occupational health and safety for the corporation in order to reduce the risk by:
- Identifying hazards and possible risks causing incidents and accidents,
- Setting standards of practice, procedures and accountability,
- Measuring performance against standards, Evaluating compliance with standards,
- Correcting deficiencies, deviations, and set standards of procedures to be followed,
- Creating and maintaining a healthy and a safe work environment.
HR management is a specialist field, with many laws and regulations to navigate. If you don’t have a background in this field and can’t afford to hire a full-time HR specialist, consider outsourcing this function.
Millennium Support Services – Human Capital Management made easy.
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