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Not sure how to discipline employees for insolence, insubordination and gross insubordination? Use this checklist

by , 17 November 2016
Not sure how to discipline employees for insolence, insubordination and gross insubordination? Use this checklistInsolence, insubordination and gross insubordination aren't the same offences. That means the way you discipline your employees for these offences also differs.

But the problem we often see is, employers don't know the difference between these offences and they don't know how to discipline employees in each case. As a result, they end up at the CCMA for unfair labour practices.

Don't let this happen to you.

Use this checklist if you're unsure of how to discipline an employee for these three common problems so you can avoid labour disputes.


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Say good-bye to all your insubordination woes and discipline those insubordinate employees without worrying about the CCMA!

There's a fine line between insubordination, gross insubordination and insolence of an employee. Do you know the difference? How would you discipline an employee in each instance? If you get it wrong you could lose at the CCMA!

Click here to get yours!
 

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Use this checklist if you're not sure how to discipline an employee for insolence, insubordination and gross insubordination
 

Offence #1: Insolence

What is it? It's when your employee fails to show respect and courtesy towards you, his employer.

Recommended penalty: Because this is a minor or less serious act of disrespect, rudeness or cheekiness, you can give your employee a written warning for the first offence.

Progressive penalty: You can issue a:
 
  • Second written warning for the second offence;
  • Final written warning for the third offence; and
  • Dismissal following disciplinary hearing for the fourth offence
 

Offence #2: Insubordination

What is it? It's when your employee fails to obey a direct and specific order.

Recommended penalty: In this case, disobedience isn't an intentional challenging of authority but negligence or forgetfulness. So you can give your employee a written warning.

Progressive penalty: You can issue a:
 
  • Second written warning for the second offence;
  • Final written warning for the third offence; and
  • Dismissal following disciplinary hearing for the fourth offence.
 

Offence #3: Gross insubordination

What is it? This is your employee's deliberate defiance of your authority.

Recommended penalty: The Labour Law for Managers Loose Leaf Service says this conduct is unacceptable and, because it jeopardises the continued employment relationship, you can dismiss your employee for the first offence following a first disciplinary hearing.

There you have it. Keep this checklist handy so you can use it anytime you're not sure how to discipline your employee for insolence, insubordination and gross insubordination.

Get everything you need to handle insubordination here. It includes:

  • The difference between failure and refusal to follow your instructions;
  • Checklist: 13 Points to consider when charging your employee for refusing to follow your instructions;
  • Four instances when you can't charge an employee with insubordination;
  • Three actions your employee can't take when it comes to disobeying instructions;
  • Can your employee refuse to comply with unilateral changes to working terms and conditions;
  • Know these mitigating and aggravating factors before you decide to dismiss;
  • Checklist: What are mitigating factors;
  • Checklist: What are aggravating factors;
  • Table to help you work out the appropriate sanction for different offences; and
  • 12 Questions and answers on real-life situations.
 




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Comments
1 comments


Loyiso 2016-12-01 03:39:23

I am an educator with the GDE:
1 Was accused and found guilty of corporal punishment, and charged in terms of the Employment of Educators Act, 76 of 1998, section 181r.
2 The sanction was
2.1 three months without pay
2.2 final written warning
2.3 referral for anger management
3 Supposedly, these allegations happened in
May, 2015.
4 Again, I was charged and the disciplinary proceedings are continuing, under the same act, allegations of 3 Sept. 2015.
5 I was suspended from 22 Sept. 2015 till 2 Sept. 2016, reporting to district offices. The second accusations were supposed to have been processed whilst I was on precautionary transfer in Oct ot Nov. of 2015. The school had failed to send the necessary addendum. In terms of labour laws, this was supposed to have been done in one or two months. I am also sickly, and carry a catheter, which is changed every six weeks.
6 Now, the HOD, sent a letter, for a second precautionary transfer to District offices. I resisted moving, on the basis that the transfer is procedurally unfair, as proper procedure was not followed. The was no hearing to test the allegations levelled against me. Also, I am charged in terms of section 181r, a less serious crime. Thus, there is no prima facie case, to move me asctgey say, tgey need to avoid witness tampering with the implucated kids in my school. Those kids I do not teach, and do not have direct contsct with them. I am hunted down with false accusations as I lodged grievances against management on 19 June 2015. It was only on 24 June 2015 that witnesses were called in to write statements. A White lady, from tge same school, who threw a duster at a child, was given a sanction of 2 months without pay, and yet was charged and found guilty of throwing a duster at a pupil, and the kid's eye was damaged. There is no consistency in disciplinary hearings. She was not transferred to District.
Now, the latest is that the District director, seeing that I resist moving, has now threatened to charge me with abscondment, and yet I am at work everyday at my school, working. Should not the lockout be authorised by a court order? Am aware the HOD has the right to transfer me to District, but the employee is under no obligation to obey a procedurally unlawful transfer . Now, they changed it to a suspension, in terms of schedule 2, of the EEA 76 of 1998. However, still there is no hearing.

Please help.071 381 6226 or 076 971 1476

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