Chapter 9: Disciplinary systems and termination of service

DISCIPLINARY SYSTEMS

Must be fair and just.

know the rules, what they can do and they cannot do

when employees behave in an unacceptable manner,they are punished.

they purpose of punishment is to change the employee's behaviour.

to sent a warning to other employees that unacceptable behaviour will not be tolarate.

PENALTIES

TRANSFER

oral warning

written warning (s)

suspension without pay

demotion or downgrading

dismissal

Employers transfer employees :

to fill vacancies for experienced workers

to solve people problems

to provide training to employees

Employees may request transfers :

for personal, non-work related reasons

to have an opportunity to learn

to overcome boredom

PROMOTION OF EMPLOYEES

promotion is reassignment of an employee to a job at a higher level in the organization

promotion opportunities motivate employees, providing the promotion system, providing the promotion system is perceived as being fair and transparent.

Criteria for Promotion

seniority

merit

GRIEVANCE HANDLING

Effect of Unresolved grievances :

resignation of employees

high accident rate

high rate of illness

complaints from customers

aggressive unionism

reduced output

lowered productivity

lowered profitability

ABSENTEEISM

Grievance handling requires

listening skills

understanding of rights of employees and employers

counselling skills

problem-solving skills

Workers who are regularly absent from work without permission granted in advanced cause problems

Employers must have systems in place to reduce unauthorized absences

keep records

have clear procedures

take disciplinary action, when nesessary

Employers may encourage full attandance by offering incentives

THE INDUSTRIAL RELATIONS ACT AND TERMINATION OF EMPLOYMENT

  1. File request for reinstatement at the nearest Department of Industrial Relations (IR)
  1. Attend a conciliation meeting with the ex-employer, called for by the Department of IR.
  1. The employer may agree to withdraw their claim/ the employer may agree to reinstate the employee

4.Where no agreement is reached, the Director-General of Industrial Relations will inform the Minister of Human Resources who will decide whether or not to refer the dispute to Industrial Court.

  1. If the dispute is refferred to Industrial Court, an arbitration hearing will be held
  1. The Industrial Court will decide whether the employee was dismissed with or without just cause or excuse

FIXED-TERM CONTRACTS

fixed- term contract expire at the end of the agreed time period

fixed-term contract are acceptable to the Industrial Court if they are for genuine business reasons

RESIGNATION

Employees have the right to resign without assigning any reasons

Prior to resigning, an employee must give notice to the employer as required by his contract of employment.

REDUNDANCY AND RETRENCHMENT

Mergers and acquisitions

restructuring

financial problems

changes in technology