Elelment#1: Disciplinary approach
Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
And if you didn't do it fairly, you could have to pay him up to 12 months' salary!
Don't let this happen to you…
Your disciplinary policy should clearly set out the disciplinary approach to be followed in the workplace. In other words, it should state that any infringements of the rules will not be ignored.
It must also consider your company's disciplinary action as an entirely separate process to court decisions (should any infringements result in criminal charges).
Under Schedule 8
of the Labour Relations Act,
you must clearly explain your rules to all your employees.
Get each employee to sign a copy of your disciplinary policy, confirming they have received a copy of your disciplinary policy and explanation, and that they understand
Elelment#2: List the types of infringements
List the types of infringements and define them. This can be done in general terms.
Move from 'Less Serious Infringements' to 'Very Serious Infringements', and clearly set out what constitutes each one of them in relation to verbal warnings, previous warnings, final warnings, disciplinary hearings and dismissals
Element#3: Levels of discipline
Many infringements require a process that goes through various levels. You must clearly state what they are in your disciplinary policy.
For example, Level 1
can be a verbal warning, level 2
a written warning and so on until the final level ends up in dismissal.
*Those were the 3 most important elements to include in your disciplinary policy.
To learn more on discipline in the workplace, such as 5 actions which don't qualify as disciplinable misconduct, and more, page over to Chapter D 02
in your Labour Law for Managers
If you don't already have this useful Labour Law resource, simply click here
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