1. DISCIPLINARY SYSTEMS AND TERMINATION OF SERVICE
TOPIC 8:
DISCIPLINARY SYSTEMS AND TERMINATION OF SERVICE

2. What is ‘discipline’?
“The practice of training people to obey rules or a code of behavior, using punishment to correct disobedience”.

3. A disciplinary system Every employer needs a disciplinary system.
Without discipline, organisations cannot achieve their goals.

4. Disciplinary systems have to be fair.
Why?

5. Penalties in the DS
Oral warning  First written warning  Final written warning  Suspension without pay  Demotion or downgrading  Dismissal
All these penalties must be applied only when the employer is satisfied that the worker is guilty of misconduct.
So, facts related to the workers wrongdoings must be checked out first.

6. When drafting the terms & conditions of employment, employers need to consider including a clause setting out the penalties that may be imposed in case the employee is guilty of misconduct.

7. How to deal with problematic employees?
Transfer of employees;
A lateral move to a different department or section
Relocation to a different place
An internal move to a different job at the same level.
A move from one organisation to another organisation within a group of companies.

8. Does the employer have the right to transfer employees?
Yes!
However, it must be for business reasons and not the detriment of the employee.
Normally, the cost of transfer is on the employer.

9. Promotion of employees
Promotion is the re-assignment of an employee to a job at a higher level in the organisation.

10. Handling grievance Grievance = dissatisfied + unproductive worker
List 5 causes of employee grievance;

11. What causes grievance? Broken promises by the employers
Inequitable pay & benefits
Sexual harrassment
Dangerous / uncomfortable working environments
Unfair disciplinary actions

12. How to handle grievance?
Must be settled ASAP
A time limit may help
Managers must remain cool and calm
Listening skills is important
Take the proper action!

13. Absenteeism of employees

14. Absenteeism of employees
Absent = not at work
Lateness = may lead to absence!
Wages are only for ‘work done’. Employers may not pay if the worker was absent!

15. Termination of employment
Voluntary
Dismissed

16. Voluntary termination of employment
Voluntary = resign on his/her own decision.
Reasons for resignation?

17. Why do people resign? Returning to studies
Resignation
Emigration
Starting own business
Returning to studies
Staying home to look after dependants
Joining another organisation

18. Resignation
Employees must give written notice of his intention to resign
The Act makes it clear that notice shall be;
> 4 weeks, if the worker has worked < 2years
> 6 weeks, if worker has worked > 2 years
> 8 weeks, if worker has worked > 5 years.
Applies to both employer & employee

19. Dismissal

20. Can employers simply dismiss an employee?

21. Employers CANNOT simply dismiss workers as they please.

22. However, Employers may; Dismiss without notice, Downgrade,
Impose any other lesser punishment as they deem fit and just,
After investigations of misconduct by the employee.

23. Dismissal
Worker files written claim at nearest Industrial Relations Dept. within 60 days of dismissal
Meeting(s) held between employee and the ex-employer, facilitated by an officer of the Industrial Relations Dept.
Dispute is settled when employer reinstates employee, or employee withdraws claim or employer agrees to pay compensation to employee for loss of employment, OR
Bring forward to the Industrial Court

24. The Industrial Court

26. Retrenchment In your team, Find out what is ‘retrenchment’.
Why do employers conduct retrenchment exercises?