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Discipline

What is poor work performance?

Poor performers get fired

Many employers fire poor performers hastily while others wait too long before taking strong action. One reason for unnecessary delays in firing bad performers is the employer fears being taken to the CCMA and forced to reinstate the employee and/or to pay compensation.

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Can you discipline an employee while he is on sick leave?

If the employee is genuinely sick, you must postpone the disciplinary enquiry. This is because it is one of the essential prerequisites of fairness and equity that the employee be afforded an opportunity to state his case in response to the allegations brought against him.

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Be thoroughly prepared for disciplinary hearings – or get taken to the cleaners by your employees

While acting as a CCMA arbitrator and chairperson of disciplinary hearings, I have noted numerous reasons why employers lose dismissal cases at the CCMA. More often than not, the charges should never have been brought.

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Make sure you get the investigation process right

One of the most common mistakes employers make when they receive misconduct allegations against an employee is to hastily implement discipline without first investigating the validity of the allegations. This can occur because of ignorance of the labour law about disciplinary processes.

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