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Use these two steps to conduct Jane's disciplinary process

by , 19 September 2014
Your employee, Jane from customer service, is accused of misconduct. She allegedly avoids calls from customers intentionally. As a result, your business is losing customers.

You want to take disciplinary action against Jane, but you don't know how to conduct the disciplinary process.

We've got you covered.

Follow these two steps to conduct Jane's disciplinary process so you can avoid being taken to the CCMA for implementing discipline in an unfair and illegal manner.

Two steps to conduct Jane's disciplinary process

Step #1: Investigate the incident 

Gather as much information as possible about the incident.

Collect statements from witnesses, reports from investigators, documentary evidence and records from interviews with colleagues and from Jane herself.

The Practical Guide to Human Resources Management says, when you conduct your investigation, make sure you:
  • Always hold investigative interviews before the disciplinary hearing.
  • Have at least two of your managers conduct the investigation, where possible. These people will take detailed, unbiased and accurate notes during interviews.
  • Have a shop steward present when you interview Jane. That's if she belongs to a union. You don't need to do this when you interview witnesses.
  • Talk to as many witnesses as possible to get a clear picture of what happened.
  • Don't discuss with any of the interviewees any of the disciplinary measures you might take against Jane.

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Step#2: Build your disciplinary case

After your investigation, decide if you want to take disciplinary action against Jane.

When you make this decision, consider:
  • Jane's past work record;
  • How serious the misconduct is;
  • If this is a first transgression; and
  • The quality of the evidence you have.
After these considerations, you'll then have to decide whether to proceed to a disciplinary hearing or counsel Jane.

Following these two steps will help ensure you conduct Jane's disciplinary process in a fair and legal manner.
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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