To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form…. While it is not possible to list all forms of behavior that are considered unacceptable the following acts of commission or omission constitute Minor or Major Offences and will invite disciplinary action. Some investigations may reveal no misconduct, in which case the process should go no further. That said, the outcome won’t necessarily be negative. Within a reasonable time after the meeting, your employer should inform you of their decision in writing. There are myths relating that sexual harassment occurs mostly to female employees because of their inferior gender. She has only been in the manager position for about, their employment and also stand as a mediator between the employer and employees. It engages in fund based activities. Usually, when it is the first time that the issue has occurred, a quick word in the employee’s ear is enough to set them back on track. This site uses JavaScript to make some controls and types of content available. Your employer gives you the opportunity to appeal their decision. Your employer investigates the issue. Once again you have the right to be accompanied, but you should tell your employer who you want to be with you. First, the employer must hold a reasonable belief that there is a case for the employee to answer. If you have been accused of bullying, it’s important you are treated fairly and have an opportunity to put forward your version of events as this is a serious allegation. ACAS disciplinary guidelines will form the cornerstone of any sound policy as they give the bare minimum steps that need to be taken. This may involve interviewing you. Notify your employer as soon as possible of your intentions by writing to them, setting out what you think was wrong or unfair about their decision. It’s not always easy to define: workplace disciplinary issues will normally concern the conduct, absence or work of you or your colleagues. Disciplinary procedure: taking formal action against misconduct; In most instances, issues of employee misconduct can be dealt with informally. One of the key issue of contention as per the case study is that Chris is making a habit of coming to work late without the permission of the employer. Unauthorised absence. All groups should give their view regarding it. By … Although it is always best to focus on effective management practice and preventative measures, having clear and fair disciplinary procedures is a good first step in avoiding difficult employment tribunals. These issues do not spring up in an atmosphere of industrial peace. Employers must be sure that they include all allegations in this letter because it will not be considered reasonable to put allegations to an employee during a hearing, or to discipline for them, that they have not already been notified of. The main purposes of Trade Unions are the following. TERMINATION AND DISCIPLINARY ACTION POLICY Content strictly protected by Copyscape. other senior officials at the workplace. Poor employee performance can sometimes be classed as a disciplinary issue. Involve the employee in development of a solution. It is most likely that an employee should receive a series or warnings before a final written warning and dismissal are appropriate. If you believe you have been discriminated against, you may be able to make a formal or informal complaint. If you have been accused of discrimination, it remains important that you are treated fairly and allowed to put forward your side of events as, again, this is a serious allegation. At Springhouse Solicitors, our team of knowledgeable lawyers have many years’ experience in dealing with, and providing advice on, disciplinary issues at work. You could choose to take a colleague or your trade union representative. RELATED: Making staff redundant – how to do it and stay on the right side of the law. With this kind of procedure in place you should feel confident that if issues arise, your business is equipped to deal with them. changing your working hours or conditions, or offering you mediation or counselling. Workplace Investigations for Disciplinary and Grievance Issues. Disciplinary measures may be imposed on erring employees for conduct that violates the laid down policies or are considered unacceptable. However, the process is covered by a statutory Code of Practice which sets out the steps that an Employment Tribunal would like to see in a disciplinary procedure in order to give the employee adequate opportunity to represent themselves during the process. There may be several factors which affect your ability to do your job properly, such as inadequate training or the wrong equipment. The research proposal seeks to explore the actual situation of sexual harassment of men at workplace. You should be given enough time to gather your own evidence. It is important for us to nurture our employees, look after their needs and help them perform their duties effectively. After considering the evidence and any explanation to the allegations put by the employee at the hearing, the employer should make a decision on whether the allegations are substantiated. Free trial + 10% off for Bytestart users! Work with the employee to solve the problem by asking for input and opinions. As an employee, if you are not happy with the outcome of the disciplinary meeting, you can appeal. This Code of Practice will be referred to by a Tribunal during an unfair dismissal claim and therefore creates an established process for employers to follow. If you believe you’ve been the victim of bullying, you should speak to someone about it and, if necessary, make a formal complaint. Your contract of employment or employee handbook should set out what sort of performance or behaviour is unacceptable and what action your employer might take. It is important that the employer’s decision and the action to be taken are reasonable in the circumstances. However, all other areas of the formal disciplinary process should adhere to the employer’s written procedure. It has become a matter of concern and needs to be addressed to prevent future problems in the organization and improve management skills. When discussing problematic behavior, talk to the employee as a peer. Trade Unions in South Africa have roots dating back to the 1880s, 9. Some investigations may take a short time, other may take a few days. However other common examples include misusing alcohol or drugs, health and safety issues or otherwise unacceptable behaviour. You need to bear in mind, however, that where you have no unfair dismissal rights because you have worked less than two years, and it is not in your contract, your employer might choose not to follow a proper process. Madeline J Palmieri If you feel unsure about any part of the process or requirement, seek advice from ACAS, or an HR adviser.