Employment Relations in South Africa PDF

CHAPTER 8: DISCIPLINE AND DISMISSALS LEARNING OUTCOMES After define and describe discipline and completi dismissal in the workplace using relevant legislation prescripts ng this identify theories upon which discipline is chapter, based and how it affects pe...

CHAPTER 8: DISCIPLINE AND DISMISSALS LEARNING OUTCOMES After define and describe discipline and completi dismissal in the workplace using relevant legislation prescripts ng this identify theories upon which discipline is chapter, based and how it affects perceptions of you dismissal in the workplace should identify and discuss the sources of discipline in South Africa be able to identify common law and legal duties and responsibilities of employees and employers  identify relevant and general disciplinary actions taken when an employee’s conduct is out of line with prescribed behaviour, regardless of the size of the organisation or industry Learning discuss a code of conduct in the workplace using all the different transgressions and sanctions, outcome as well as the duration of the sanctions identify the psychological impact of the lack s of, or the inconsistent application of, the disciplinary processes (continu identify and discuss the importance of discipline enforcement in the workplace ed) show and argue on how to get supervisors or managers to implement discipline effectively Learning outcomes (continued) DESCRIBE DISMISSAL IN TERMS OF UNDERSTAND THE EFFECT OF UNDERSTAND THE VARIOUS FAIR AND UNFAIR DISMISSALS AND FAULT UNFAIR DISMISSALS AND NO-FAULT PROBLEMS WITH THE IMPLEMENTATION OF AND NO-FAULT DISMISSALS DISMISSALS IN THE WORKPLACE FOR DISCIPLINARY ACTIONS AND DISMISSAL EMPLOYEES, THEIR SPOUSES, SURVIVORS, ACTIONS IN THE WORKPLACE. SUPERVISORS AND THE ORGANISATION  Discipline Think of a time when you were disciplined at home for doing something wrong. What did you do, and how were you disciplined? Do you think the punishment or consequence you received was fair? Why or why not? Looking back, did the discipline help you learn anything?  Our discipline What are What is our our parents' teachers guide to guide to discipline? discipline? DISCIPLINE IN THE WORKPLACE Theoretical framework Arvey and Jones’s four-stage model 1 2 3 4 Stage 1 Stage 2 Stage 4 Stage 3 Observation of Team Employee’s Choice of the rule in determination on perception of the disciple method relation to the the punishment discipline action organisational and standard and consequences of norm offences SOURCES OF DISCIPLINE IN SOUTH AFRICA CONSTITUTION OF LRA 66 OF 1995, RSA, SECTION 23 SECTIONS 185, 186 (2)  See Table 8.2 Duties of employers and employees in Employees’ the workplace (page 145) duties and responsibilities DISCIPLINARY PROCEDURES AND ACTIONS Disciplinary procedures The main aim of these disciplinary procedures and actions is threefold: 1. To reform the offender 2. To deter others from similar actions 3. To make discipline effective Employers/managers Employees (procedural) Disciplinary procedures and actions (continued) DISCIPLINARY POLICY DISCIPLINE MUST BE SUBSTANTIVELY AND PROCEDURALLY FAIR Disciplinary procedures and actions (continued) Disciplinary actions Counselling and verbal warnings (reprimand) Written warning Final written warning Dismissal Disciplinary code (code of conduct)  Disciplinary procedures and actions (continued) Forms of misconduct Level A: Very serious misconduct Level B: Serious misconduct Level C: Less serious conduct DISCIPLINE AS PUNISHMENT Importance of discipline enforcement in the workplace Inconsistent application or absence of the disciplinary processes – Mentoring and coaching – Ethics training – Display company’s disciplinary policies and procedures prominently throughout the business Employment relations and discipline DISMISSAL Section 186 of the LRA Automatically unfair dismissals (LRA, 1995) Other unfair dismissals Retrenchment dismissals (LRA, 1995, Section 189) EFFECTS OF FAULT AND NO-FAULT DISMISSALS Employees (victim/exiting employee) Spouses Survivors/remaining employees Supervisors The organisation Problems with discipline and dismissal in the workplace