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Disciplinary Code

What's the difference between common assault and assault GBH?
Yesterday, Afro-pop singer Kelly Khumalo appeared in the Hillbrow Magistrate's Court where she was charged with three counts of assault, grievous bodily harm, reckless and negligent driving and damage to property, eNCA reports. She was arrested for common assault, after she allegedly assaulted the wife of Orlando Pirates goalkeeper Senzo Meyiwa. Khumalo was granted bail and her case was postponed for further investigation. She's expected to reappear in court on October 31. The case has certainly cast the spotlight on assault. Read on to discover the difference between common assault and Grievous Bodily Harm (GBH) so you can ensure your company policies cover both.... ››› more
[10 October 2013]

What offences constitute misconduct?
According to media reports, Top Billing presenter Bonang Matheba and 5FM's Poppy Ntshongwana recently got into a physical fight in Ibiza. The Sunday Sun alleges that it's the girl's jealousy over DJ Euphonik that triggered the violent brawl. DJ Euphonik and Matheba are dating. The report also alleges that the two women used to be good friends, but Matheba became jealous of Ntshongwana's friendship with Euphonik when she apparently realised he has a 'soft spot' for her. While this may be hot news for gossip columns, fighting at work is an offence that constitutes misconduct. Read on to discover the other offences.... ››› more
[09 October 2013]

Three reasons you should discipline your employee during his notice period...
Your employee's just resigned. He's given you a month's notice. But now he's messing up on a key client, and you can't take action because he's leaving, right? Wrong! You can still discipline an employee during his notice period... And you should!... ››› more
[25 September 2013]

Eight factors you MUST consider before you conduct a second enquiry
Labour law allows you to conduct a second disciplinary enquiry. BUT, there are certain factors you must consider to determine whether it's fair to conduct one or not. Read on to find out what these are so you can comply with the law.... ››› more
[09 September 2013]

Do you know the difference between negligence and gross negligence?
Do your employees make mistakes? Carry out their duties in a careless manner? Or not follow procedure properlyl? These issues can cost you money, time and effort. And these actions will either be negligence or gross negligence and they have different disciplinary actions.... ››› more
[19 August 2013]

Five tips to drafting watertight allegations for a disciplinary hearing
When your employee does something wrong and you need to hold a disciplinary hearing, you must decide what the allegations against him will be. You need to formulate the allegations properly so that when the hearing takes place, you can prove that he did what you said in the notice. Read on to discover five tips you can use to draft water allegations in preparations for a disciplinary hearing.... ››› more
[19 August 2013]

Two types of suspensions you can use to say 'You're suspended!' legally
If you're unsure of how to legally suspend your employees, there are two types of suspension you can follow. Read on to find out what they are so you can stay on the right side of the law.... ››› more
[15 August 2013]

Oprah's 'racist' incident highlights the importance of dealing with racism in your workplace
A Swiss luxury-goods store has denied any wrongdoing after Oprah Winfrey said she'd encountered racism when one of its shop assistants allegedly refused to show her an expensive handbag. The store's owner claimed the entire incident was based on a 'misunderstanding due to language difficulties. He also said the saleswoman had never sought to stop Winfrey, whom she failed to recognise, from buying the $36000 crocodile bag, TheAge reports. This incident has certainly cast the spotlight on racism in the workplace. Here are five steps you can use to deal with racism at an individual level.... ››› more
[12 August 2013]

Follow these five guidelines to draft an effective disciplinary code in your workplace
Bafana Bafana's hopes of qualifying for next year's World Cup in Brazil have been renewed. This after a decision by world's football governing body FIFA to sanction the Ethiopian Football Federation (EFF) for fielding an ineligible player in their 2014 Soccer World Cup qualifier against Botswana. According to Sport24, the FIFA Disciplinary Committee considered the EFF liable for having breached article 55, paragraph 1 of the FIFA Disciplinary Code and article 8 of the 2014 FIFA World Cup regulations. While Bafana Bafana has welcomed the news, the issue has certainly gone beyond football in terms of highlighting the importance of having a company disciplinary code. Read on do discover five important guidelines you need to follow to draft an efficient a company disciplinary code that has buy in from all your stakeholders.... ››› more
[01 July 2013]

Seven ways to effectively ways of deal with incidents of racism in the workplace
Civil society group, Equal Education (EE) has asked Basic Education Minister Angie Motshekga to apologise publicly for a 'racist' statement she made last week. In her statement, Motshekga said EE was a 'group of white adults organising black African children with half-truths'. She was reacting to EE's announcement that it was taking her to court for breaching an agreement to publish the minimum norms and standards for school infrastructure by 15 May, News 24 reports. While the minister's spokeswoman has said there were 'no racist intentions' in the minister's statement, managing incidents or allegations of racism in the workplace isn't as simple as dismissing them....... ››› more
[25 June 2013]

Seven strategies to combat email and Internet abuse in your company
Your communication systems are central to the effectiveness of your business, but the use of the Internet has become a huge problem, with many employees abusing this business tool. The potential consequences for you, the employer, are dire! It could cost you thousands of rand in lost working time, legal expenses and damaged electronic systems. Here are seven effective strategies you can use to combat email and Internet abuse in your company, while still respecting your employee's rights.... ››› more
[20 June 2013]

Deal with employees who fight or assault each other effectively using these six steps
Assault and fighting at the workplace has become a major reason for dismissal. But do you know how to deal with violence in your company? Here are six steps to follow if your employees fight or assault each other in the workplace.... ››› more
[18 June 2013]

Can I test my employees for drugs?
Alcohol and drug abuse can cause huge expenses for your business, from lost productivity to injuries and an increase in health claims. But what can you do about it? Let's take a look at what our Health and Safety expert told Jack (one of our subscribers), when he wrote in with a question to find out about drug and alcohol testing of employees.... ››› more
[30 May 2013]

Has your employee been negligent? Consider this...
Do your employees make mistakes, carry out their duties in a careless manner, not follow procedure properly or not follow it at all? These errors can cost your company money, time and effort. Read on to find out what you should consider if your employee has been negligent.... ››› more
[23 May 2013]

Want your employees to work overtime? Consider these seven points
Fact: You can't compel an employee to work overtime unless you have an agreement in place. This is according to the Basic Conditions of Employment Act (BCEA). But there's a way to manage overtime issues efficiently. Here are seven points you need to consider if you need your employees to work late.... ››› more
[20 May 2013]

Revealed: The secret to preventing 'GuptaGate'-style disciplinary action
After all the bribes in their favour, the African National Congress (ANC) has agreed to institute disciplinary proceedings against businessman Atul Gupta. If the disciplinary action doesn't go his way, Gupta could be expelled from the party. But you shouldn't automatically jump to this step if you're facing a case of disciplinary action in your own company for poor performance. Here's one way to limit most forms of misconduct in your company if you're drafting a disciplinary policy or code.... ››› more
[20 May 2013]

The only way to prevent a case of employee dismissal over social media use...
'You're fired!' Hearing the words is bad enough, but imagine finding out you've been fired through the media? Former Hawks spokesman McIntosh Polela says that's exactly what happened, as neither he nor his lawyer received a letter saying he'd been dismissed from the SAPS after he tweeted some colourful comments about Jub Jub's court case. Here's how to prevent a dismissal in the first place over your employees' social media use...... ››› more
[17 May 2013]

How to demote an employee fairly for misconduct
Want an employee to take a step down? Make sure you know how to do it correctly because getting it wrong will land you at the CCMA. Here's how to ensure you demote an employee fairly for misconduct.... ››› more
[16 May 2013]

Two things you should NEVER do when firing an employee
You might think that getting rid of a problematic employee is the end of your problems, but it's not if you make errors in your procedure to dismiss him. Read on to discover the two things you should never do when you dismiss an employee to avoid being forced to pay 12 to 24 months' salary as compensation.... ››› more
[14 May 2013]

One simple process to follow that'll simplify your disciplinary hearing process!
Kumba Iron Ore dismissed its workers who went on strike late last year following unsuccessful wage negotiations. Kumba's management says the workers didn't attend their disciplinary hearings. Now, the workers claim they weren't informed of the disciplinary hearings. That's why you need to make sure you issue a notice of a disciplinary hearing if you're holding one to give the employee time to prepare.... ››› more
[07 May 2013]

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Copyright 2013, Fleet Street Publications (Pty) Ltd. The information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed. No action or inaction should be taken based solely on the contents of this publication. We do research all our recommendations and articles thoroughly, but we disclaim all liability for any inaccuracies or omissions found in this publication. No part of this publication may be reproduced or transmitted in any form or by means of electronic or mechanical, including recording , photocopying, or via a computerised or electric storage or retrieval system without permission granted in writing from the publishers.