Negotiating the dismissal minefield
HR consultancy lays down the law on disciplining employees.
FROM ‘verbal warnings’ to notices given in ‘bad faith’, human resources training company and consultancy Bruniquel & Associates rallied a group of Bay business managers to clarify exactly what is required for an adequate dismissal process.
Before dismissing an employee, employers are required to investigate the case and consider all the alternatives before a final decision is taken.
B&A Richards Bay owner René de Waal advised that by the time the parties arrive at the end of the road – a formal and final disciplinary hearing – managers should have walked the path of giving warnings and counselling.
‘If the individual still remains non-compliant after this, a formal hearing is required,’ said De Waal.
Minor vs major offense
‘Before you start the process, first see how serious the transgression was.
‘Focus on major misconducts like theft, abuse or insubordination.
‘Alcoholism falls under incapacity to perform work, as it is an illness – treatment should be offered rather than charges of absenteeism.’
De Waal also emphasised the importance of documenting all warnings and actions.
Pen and paper
‘It is crucial that an employee is made aware of a upcoming hearing and management must prove the person has been kept informed.
‘For this reason, there is no such thing as a formal ‘verbal warning’. All warnings must be on paper and signed by the recipient.’
Statements on paper from witnesses who do not themselves appear at the hearing are, however, considered useless.
‘Written accounts are essentially inadmissible, because it is considered heresay in labour law.
‘A witness must be there to face cross-questioning by the chair of the hearing.
‘If that person cannot attend, you are required to get a reliable witness in the room, such as your HR Manager, to personally verify witness accounts.’
Unbiased chair
The law demands that an impartial party chair the hearing to ensure fair and objective decisions are made.
‘Most corporates have unconnected chairs, but small businesses can make use of chairs provided by consultants like B&A.’
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