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Use these five tips to classify your employee's misconduct correctly

by , 04 September 2014
Believe it or not, but you can lose your case at the CCMA because you didn't describe the allegations against your employee properly.

You see, if your employee does something wrong and you have to hold a disciplinary hearing, you need to decide what the allegations against him are. If you don't describe these properly, chances are you'll fail to classify your employee's alleged misconduct correctly and this will jeopardise your case.

To ensure this doesn't happen, use these five tips to classify your employee's alleged misconduct correctly.


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Classifying your employee's alleged misconduct correctly will be easy if you apply these five tips


Tip #1: Describe what your employee did wrong as if you were telling the story to someone.

Tip #2: Describe who did what, when, where and why.

The Labour Law for Managers Loose Leaf Service says you must make it comprehensive and clear enough so there can be no argument from your employee that he didn't have enough detail to prepare his defence.

Tip #3: Use plain language so your employee can understand everything.

Tip #4: Describe what you're accusing your employee of doing clearly.

You don't need to give a legal definition, or to give the right classification of your disciplinary code and procedure. This because the description might not really tell your employee what you say he did wrong.

What's important is that you describe what your employee did rather than to say he was attempting to steal.

Tip #5: Give a clear, accurate and understandable description of what allegedly happened. After that, you can refer to the disciplinary code and procedure to decide what to call the offence.

There you have it. Don't lose your case at the CCMA because you didn't describe the allegations against your employee properly. Use these five tips to classify your employee's alleged misconduct correctly.

PS: We strongly recommend you check out the "You're Fired!" Your guide to substantive and procedurally fair dismissals. It has all the information you need to make sure your dimissals are legally compliant.



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