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Yes! You CAN discipline an employee during his notice period. Here's what to do...

by , 04 June 2014
So... you've issued charges against an employee for misconduct but he leaves before - or even during - the disciplinary hearing without giving notice of his resignation. What can you do?

Well, because your employee hasn't complied with the BCEA in giving notice, it's up to you to decide if you wish to accept the termination on his terms. Some employers would leave it at that, only too happy to be rid of him. But you're well within your rights to finish what you started in the time that would've been his notice period.

Keep reading for two reasons why you should follow through with your action…

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Two good reasons to follow through with disciplinary action

1. You believe it's the right thing to do and want to set an example: you'll take action against an employee you suspect of misconduct.
2. You want any guilt you find in a disciplinary hearing to support any criminal charges you want to pursue against him, or to boost your chances of suing him in the civil courts for compensation for any loss or damage he causes you.
Remember, apply the normal rules for a hearing, even if the employee has already left without giving notice. You must still send him a written notice to attend a disciplinary enquiry in the same way you would even if he hadn't left so abruptly. It's up to him if he decides to attend or not. If he doesn't pitch up, you can continue in his absence. Make sure you this before the notice period expires.

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