- Home
- Consulting
- Ditching the bad apples
Ditching the bad apples
Getting rid of nuisance Employees
Is is of utmost importance to implement and maintain a legal disciplinary code in any company. In the case where an employee has a disciplinary problem, disciplinary measures must be administered. As they say - a few rotten apples can spoil the whole bunch. Therefore, when dismissing an employee, all relevant paperwork regarding incidents, cases and times, must be kept on record to pull the weeds from your business soil and keeping them out for good.
The fairness of dismissal is based on the reason for dismissal (substansive fairness) and procedures followed (procedural fairness. Not following fair procedures may become a costly mistake. You can start covering yourself by opening a file for every employee containing his application for employment, contract, identification as well as his disciplinary records, including warnings, records of hearings etc. It may be wise to issue every employee with a copy of the disciplinary code, have them sign it and keep it on record.
Invest in an independant labour consultant who will conduct your disciplinary hearings and keep you up to date on the latest developments in labour law. An independant arbitor will ensure that your disciplinary procedures are fair and will not land you in hot water in court.
THE IMPORTANCE OF WARNINGS
If the offence is minor - absenteeism, late on duty or poor work performance - it is important that a verbal warning be issued to the employee. Write a short counselling report on the time of offence, date etc. Also record the fact that you have warned the employee verbally that if the offence is repeated, more serious action will be taken against him. On the second offence, a written warning may be issued. A written warning form can be drawn up by yourself. It is important that you explain to the accused that by signing the warning, he is not admitting to guilt, but understands the seriousness of the offence and the actions taken. The form has to contain the following points: date of offence, time of offence, a place to write a short report from yourself, a place for a short employee statement as well as a place for you, the employee and a witness to sign. If ever an employee refuses to sign a warning, it is important that a witness be called to sign, stating clearly that the accused refuses to sign. Indicate also on the warning if it is a written warning for a first offence valid for six months or a final written warning for repeated offences valid for twelve months. Signatures make the warning valid. If no one signes, it will be dismissed as evidence in arbitration. Make sure that you make a copy for the employee to keep, whilst the original must be kept on the employee's file. Enough warnings will indicate that these incidents are not once-off mistakes, but has become a trend of insu
bordinance.
HAD ENOUGH? CALL A HEARING
A form must be compiled to formally inform the accused of the date and time his hearing will be held. The form must include a brief, but accurate description of the offence. The employee's rights must also be stated - the right to call witness, the to ask questions, the right to an interpreter as well as the right to be represented. Remember to issue the employee with a copy at least 24 hours in advance to prepare his defence. A hearing notification must be issued in the case of a more serious offence - under the influence of liquor on duty, for example.
The chairman will take into consideration the case version of both the company and the accused and present the company with a recommendation. He will consider all solid evidence and probabilities to decide which story is more believable.
HOW DO I PREPARE MY CASE FOR THE HEARING IN CASE OF ALCOHOL ABUSE IN THE WORKPLACE?
Serious offences constitute substantive reason for dismissal, but correct procedure must be followed to ensure that the dismissal is procedurally fair as well. When you represent evidence to the chairman in the hearing, preparation is key to a rock-solid case.
Serious offences include being under the influence of liquor on duty. This is one of the most difficult cases to prove in a hearing or in court. You can strenghten your case with witness statements, an alcohol-test etc. If the evidence is based on observation, specific information must be included in the affidavit - such as the employee's appearance at the time, the smell of alcohol in his breath, the stability he had on his feet, etc. Getting a witness to testify will add more credibility to your case than to only present a report.
WHAT IF THE EMPLOYEE DON'T PITCH FOR THE HEARING
You need not stress if the employee do not show up for the hearing. Ask him his reasons for not attending and write a small report. Make him understand that he has been charged with a very serious offence and that the hearing is his opportunity to represent his side of the story to protect his job. Issue another notification with the same charges. If he does not show up for the second hearing, request the chairman to continue in his absence whilst you present your case.
BE FAIR TILL THE END
If the chairman recommends dismissal and the recommendation is adhered to, do not inform your employee simply by writing a letter or giving him a call. Rather call him to come to office and explain to him the verdict of the hearing as well as the company's decision. Present him with the minutes of the hearing, ask him to sign and issue him with a copy.
Rules and Regulations are laid down in a workplace to prevent chaos, boost productivity and promote a fair and disciplined environment for all employees, whilst losses to the employer is prevented.
People are a company's most precious resource, but must be pruned and managed. When this is done, the employee will never stop picking the fruits of his human investments.
Is is of utmost importance to implement and maintain a legal disciplinary code in any company. In the case where an employee has a disciplinary problem, disciplinary measures must be administered. As they say - a few rotten apples can spoil the whole bunch. Therefore, when dismissing an employee, all relevant paperwork regarding incidents, cases and times, must be kept on record to pull the weeds from your business soil and keeping them out for good.
The fairness of dismissal is based on the reason for dismissal (substansive fairness) and procedures followed (procedural fairness. Not following fair procedures may become a costly mistake. You can start covering yourself by opening a file for every employee containing his application for employment, contract, identification as well as his disciplinary records, including warnings, records of hearings etc. It may be wise to issue every employee with a copy of the disciplinary code, have them sign it and keep it on record.
Invest in an independant labour consultant who will conduct your disciplinary hearings and keep you up to date on the latest developments in labour law. An independant arbitor will ensure that your disciplinary procedures are fair and will not land you in hot water in court.
THE IMPORTANCE OF WARNINGS
If the offence is minor - absenteeism, late on duty or poor work performance - it is important that a verbal warning be issued to the employee. Write a short counselling report on the time of offence, date etc. Also record the fact that you have warned the employee verbally that if the offence is repeated, more serious action will be taken against him. On the second offence, a written warning may be issued. A written warning form can be drawn up by yourself. It is important that you explain to the accused that by signing the warning, he is not admitting to guilt, but understands the seriousness of the offence and the actions taken. The form has to contain the following points: date of offence, time of offence, a place to write a short report from yourself, a place for a short employee statement as well as a place for you, the employee and a witness to sign. If ever an employee refuses to sign a warning, it is important that a witness be called to sign, stating clearly that the accused refuses to sign. Indicate also on the warning if it is a written warning for a first offence valid for six months or a final written warning for repeated offences valid for twelve months. Signatures make the warning valid. If no one signes, it will be dismissed as evidence in arbitration. Make sure that you make a copy for the employee to keep, whilst the original must be kept on the employee's file. Enough warnings will indicate that these incidents are not once-off mistakes, but has become a trend of insu
HAD ENOUGH? CALL A HEARING
A form must be compiled to formally inform the accused of the date and time his hearing will be held. The form must include a brief, but accurate description of the offence. The employee's rights must also be stated - the right to call witness, the to ask questions, the right to an interpreter as well as the right to be represented. Remember to issue the employee with a copy at least 24 hours in advance to prepare his defence. A hearing notification must be issued in the case of a more serious offence - under the influence of liquor on duty, for example.
The chairman will take into consideration the case version of both the company and the accused and present the company with a recommendation. He will consider all solid evidence and probabilities to decide which story is more believable.
HOW DO I PREPARE MY CASE FOR THE HEARING IN CASE OF ALCOHOL ABUSE IN THE WORKPLACE?
Serious offences constitute substantive reason for dismissal, but correct procedure must be followed to ensure that the dismissal is procedurally fair as well. When you represent evidence to the chairman in the hearing, preparation is key to a rock-solid case.
Serious offences include being under the influence of liquor on duty. This is one of the most difficult cases to prove in a hearing or in court. You can strenghten your case with witness statements, an alcohol-test etc. If the evidence is based on observation, specific information must be included in the affidavit - such as the employee's appearance at the time, the smell of alcohol in his breath, the stability he had on his feet, etc. Getting a witness to testify will add more credibility to your case than to only present a report.
WHAT IF THE EMPLOYEE DON'T PITCH FOR THE HEARING
You need not stress if the employee do not show up for the hearing. Ask him his reasons for not attending and write a small report. Make him understand that he has been charged with a very serious offence and that the hearing is his opportunity to represent his side of the story to protect his job. Issue another notification with the same charges. If he does not show up for the second hearing, request the chairman to continue in his absence whilst you present your case.
BE FAIR TILL THE END
If the chairman recommends dismissal and the recommendation is adhered to, do not inform your employee simply by writing a letter or giving him a call. Rather call him to come to office and explain to him the verdict of the hearing as well as the company's decision. Present him with the minutes of the hearing, ask him to sign and issue him with a copy.
Rules and Regulations are laid down in a workplace to prevent chaos, boost productivity and promote a fair and disciplined environment for all employees, whilst losses to the employer is prevented.
People are a company's most precious resource, but must be pruned and managed. When this is done, the employee will never stop picking the fruits of his human investments.
Tags & Keywords :
