Employees & Misconduct

The golden rule: “If it’s not documented... it didn’t happen”.

In the workplace, there are bound to be ups and downs, tense situations, mistakes, negligence and difficult conversations. When a situation such as this, presents itself, the employer has an obligation to deal with the matter accordingly, enabling all parties to move forward with a clearer understanding with regards to what is required in the future...

Often employers find themselves in a situation where an employee has made numerous errors or mistakes or behaved inappropriately on more than one occasion, it is at this point that I receive the phone call, from an infuriated manager who “just can’t take it anymore!” and “I want them gone!”.

This of course, places the employer in a very vulnerable position, let me explain why...

The Code of Good Practice explains that the Company or employer has an obligation when dealing with misbehaving employees, to give clear feedback to that employee, explaining what it is they did that was incorrect and how they should manage similar situations in the future. The reason for this is to provide the employee with an opportunity to improve going forward and in essence giving them another chance to do better.... strike 1... strike 2.... strike 3....

It is for this reason that a lot of emphasis is placed on disciplinary record, when deciding whether or not to dismiss an employee. For instance, if an employee has been insolent, rude, impolite, disrespectful to a manager once, the chance of being dismissed is far less than if the person had received a verbal warning for a first offence, a written warning for a second offence and a final written for a third offence. Once an employee is on a final written warning it shows that the Company has given this employee ample opportunities to improve, knowing perfectly well that the Company was viewing his or her transgressions in a serious light. It shows that the Company is dismissing this employee as all other avenues have been exhausted. Don’t get me wrong, there are most certainly offences that are dismissible, even as a once off isolated incident, examples of these include, assault, dishonesty etc, aspects that result in an irrevocably damaged employment relationship and a break in trust between employer and employee, but even these dismissals should take into consideration length of service and disciplinary record.

So remember, to ALWAYS document the warning, no matter how trivial it may seem at the time, there may be a situation that presents itself in the near future, and instead of it being a matter of “the straw that broke the camels back...” you will be prepared, having documented evidence that you have addressed the exact issue with the employee on more than one occasion. There is also no need to act in a purely punitive manner, a simple follow up e-mail following a discussion, will take two minutes from your busy day, but may end up saving the Company from a pricy CCMA arbitration award a few weeks down the line...

Remember, when addressing concerns with your misbehaving people, “If it’s not documented... it didn’t happen”.

Compiled by Nikki Auret 

www.capetownlabourconsultants.co.za