Friday, June 5, 2020

Disciplinary Codes

Ordway Tead defined discipline as "...... the orderly conduct of affairs by the members of an organisation who adhere to its necessary regulations because they desire to co-operate harmoniously in forwarding the end which the group has in view, and willingly recognise that, to do this, their wishes must be brought into a reasonable unison with the requirements of the group in action."

Discipline within the workplace should not be observed as a mechanism for punishment but rather as a condition within the organisation whereby those within the organisation know what is expected of them in terms of the organisation's rules, regulations, standards and policies and what the consequences are of transgressions. 

To create an orderly environment, maintenance of discipline is a prerequisite which provides the foundation for the organisation to attain maximum productivity and for employees to reach their full potential. Discipline strikes a balance between the career goals of the individual and those of the organisation.

A positive approach to discipline in the workplace may resolve problems without having to instigate disciplinary actions to those who do not conform to the rules and regulations. By focussing on corrective measures and allowing employees the time to correct their behaviour or performance their attention can be drawn back to focussing on their responsibilities within the organisation.

Within a positive approach an atmosphere is created within the organisation whereby persons within the organisation willingly conform to the established rules and regulations. They conform willingly since the leadership within the organisation strives towards effectiveness and focus on rewarding those who conform. Discipline does not become a measure of restriction but rather enables a greater degree of self-expression in striving towards achieving group objectives.

An orderly disciplinary procedure is needed within organisations to ensure that the instigation of disciplinary action is done in accordance with set fundamental principles of fairness and in a consistent manner, to ensure that disciplinary action is not carried out randomly but as a reformative measure to ensure compliance to set rules, regulations and behaviour standards as required by the organisation.

All organisations need a disciplinary code in order to inform all employees, both those who may transgress the employer's rules and those who will be charged with implementing discipline, of how the employer expects it employees to behave and what the likely consequences will be of misbehaviour.

Contact us to draft your customised Disciplinary Code and ensure that all your employees know "the rules of the game".

Wednesday, February 5, 2020

poor performance or misconduct

When conducting an investigation and determining which path to take on the discipline process, you may find yourself confused between misconduct and poor performance. Is it in fact that the employee is incapable of performing the required task or are they consciously choosing not to do it?

Misconduct is recognised by the Labour Relations Act as an "employee fault" dismissal. In order for there to be misconduct a rule needs to have been broken. In order to proceed with a misconduct dismissal you need to have developed your approach to discipline in your workplace. 

The Code of Good Practice in Chapter 8 of the LRA defines how a misconduct dismissal can be approached:

  1. The employer must be able to prove that the employee has broken a rule. Do you have rules in place at your workplace? 
  2. The employer must be able to prove that the employee was aware of the rule or it is reasonable to expect them to be aware of the rule. Are your records in order? Do you have policies in place that your employees have acknowledged? 
  3. The rule must be consistently applied. Are you fair and consistent in your approach to discipline?

Poor Performance is recognised as a "no fault" dismissal. Your employee, despite receiving guidance, training and being evaluated simply cannot achieve the required performance standards in your business. Basically, is your employee doing their job properly?  To dismiss for poor performance is a time consuming  process.

  1. The employer will have to prove that the employee did not meet existing and known performance standards. How are you implementing standards into your workplace?
  2. The poor performance must be investigated (measurable facts available as evidence). The root cause of the non-performance must be identified and understood. 
  3. Documented counselling session must have taken place.
  4. Areas of concern must be identified and methods to improve or rectify the issue must be carried out - this could mean more training needs to take place. 
  5. The employee must be given the opportunity to rectify their performance. 

Employers will always have to reflect and investigate what is the real reason for an employees failure to perform. If the employee really does not have the ability or skill to do the job then the matter must be processed through a poor performance management process. But if the employee has previously performed well and met the standards set then they have chosen to perform poorly and this can be processed through a misconduct discipline process.

Whether it is poor performance or misconduct the employee can still face dismissal.

If you need assistance in implementing standards, procedures and guidance through the misconduct or performance management process please feel free to contact Executive Risk Management.