Workplace Discipline Quiz

Workplace Discipline

• Disciplinary Codes: Companies should have codes outlining offenses and corresponding disciplinary actions.
• Factors to Consider:
  • Did the employee violate a workplace rule or standard?
  • Was the rule or standard valid and reasonable?
  • Was the employee aware of the rule or standard?
  • Has the employer consistently applied the rule?
  • Is dismissal an appropriate punishment for the violation?
• Disciplinary Penalties:
  • Final written warnings must clearly state the offense and steps to avoid repeating it.
  • A follow-up interview is crucial.
  • The seriousness of repeating the offense should be emphasized.
  • Warnings should be removed after 6-12 months.
  • Dismissal is a serious sanction that should be used cautiously.

Disciplinary Procedures

• Processes allow employees to defend themselves at every stage.
• Action must be taken within a reasonable time after the offense.
• Shop stewards should be trained to advocate for their members' interests and ensure fair procedures during disciplinary actions.
• Disciplinary Enquiries for Misconduct:
  • The objective is to investigate complaints against an employee honestly and objectively.
  • Employees must be given a chance to respond.
  • Employees cannot be subjected to multiple enquiries for the same offense ("double jeopardy").

Retrenchment

• Requires consultation with the workplace forum and relevant trade unions.
• Employers must issue a written notice to the consulting party, providing reasons for the proposed dismissals and any alternatives considered.
• Consultation Process:
  • The Act does not specify a duration for consultation.
  • Proper consultation includes opportunities for employees and employers to meet, receive, and consider information.
• Proposed Solutions:
  • Hiring freezes
  • Overtime and Sunday work reduction
  • Shorter working week
  • Layoffs and job sharing
  • Early retirement schemes
  • Voluntary retrenchment schemes
  • Termination of temporary or contract employees
  • Employee retraining
  • Unpaid leave
• Selection Criteria:
  • The LIFO (Last In First Out) principle is generally preferred by trade unions.
• Severance Pay:
  • Agreements are usually reached between the employer and workplace representatives.
  • Amounts are often linked to years of service and may be outlined in bargaining agreements.
• Notice of Dismissal:
  • Employees must be notified as soon as possible to facilitate the finding of alternative employment.
• Preferential Rehiring:
  • While not included in the LRA, most collective agreements ensure retrenched workers are prioritized for re-employment.
• Collective Agreement Status:
  • Management must adhere to agreed retrenchment procedures, as failure to comply constitutes a breach of the agreement.

Negotiating Collective Agreements

• Signaling:
  • Parties signal potential negotiation areas.
  • Misunderstandings can occur, especially in multi-lingual environments.
• Proposing:
  • Cautious proposals emerge during the signaling phase.
  • Pressure tactics may be used if movement is slow.
  • Tactics for Effective Proposal Exploration:
    • Listen before responding
    • Explore the other party's thinking before making counter-proposals
• Bargaining and Packaging:
  • Proposals are integrated and shaped into mutually acceptable packages.
  • Some demands may be conceded in exchange for gains in other areas.
• Closing the Agreement:
  • Last-minute efforts to extract concessions often occur.
• Reviewing the Process:
  • Post-negotiation review includes assessing planning, team performance, and outcomes to enhance future negotiations.
  • Ethical behavior should be reviewed by both parties.
• Living with the Agreement:
  • Ongoing negotiation might be needed to address unforeseen issues.
  • This stage may be as conflictual as achieving the agreement.
  • During this period, striking is inappropriate as parties are obligated to adhere to agreed conditions.
  • Interpreting agreed clauses and communicating them effectively to employees are crucial aspects.

Conciliation

• A direct intervention process where a third party, the conciliator, actively assists disputing parties in reaching a mutually acceptable agreement.
• Impetus for Conciliation:
  • Voluntary referral by a party experiencing a negotiation deadlock.
  • Can be used for both rights and interests disputes.
  • Reasons for Deadlock:
    • Stalemate, often in wage negotiations
    • Lack of fresh ideas for solutions
    • Significant difference between demand and offering
    • Need for a third party to influence constituents
    • Conflicting legal interpretations
• Functions of Conciliation:
  • Clarifying and focusing on the issues
  • Improving communication
  • Releasing tension through open discussion with an impartial person
  • Providing objective fact-finding
  • Exploring the parties' true interests
  • Generating creative solutions
  • Providing a realistic view of the power balance
  • Facilitating agreement between offers and counter-offers
  • Drafting a clear, formal agreement
  • Achieving a legitimate, often written, agreement perceived as fair by both parties.

The Role of the Conciliator

• Acts as a mediator between the parties.
• Must be acceptable to both parties and have no conflicts of interest.
• Has no decision-making power; the final agreement is made by the parties.
• Can exert considerable influence over the process.
• May maintain confidentiality regarding specific information.
• Conducts the process openly and transparently.
• Employs persuasion, expertise, and experience.
• Assists parties in evaluating their demands and offers realistically.
• Facilitates the final agreement.
• Addresses potential untruthfulness or hidden agendas.
• Attributes of the Conciliator:
  • Empathetic listening
  • Impartiality and objectivity
  • Reliability, trustworthiness, and ethical conduct
  • Encouragement of creativity
  • Assertiveness
  • Legal knowledge and understanding of labor relations
  • Effective chairing skills
  • Patience and persistence
  • A sense of humor to alleviate tension
  • Maintaining the respect of both parties throughout the process.
  • The service is typically provided free of charge.
  • Bargaining councils may also offer a panel of conciliators and arbitrators.

Arbitration

• Unlike conciliators, arbitrators have the power to make final decisions, barring reversal by a court.
• A direct intervention process where a third party, the arbitrator, resolves disputes by conducting a fair hearing, evaluating evidence, and making a final decision which both parties must follow.