Disciplinary Matters

What kind of disciplinary matters may an employer face?

The employer will inevitably face issues that relate to the performance or behaviour of its employees. An employee may either underperform or may fail to meet the standards set or required by the employer. An employee may also make errors or even act negligently in the performance of his duties.

The manner in which the employer reacts to and manages such issues is a crucial and central aspect of the employer’s human resources management. The gravity of such disciplinary matters will vary and range from the petty to the grossly negligent. The interplay of various factors and circumstances will render it impossible for each disciplinary matter to be handled in the same manner.

Which principles should an employer keep in mind when addressing disciplinary matters?

The employer should be reasonable, transparent and proportionate in the way it addresses disciplinary matters within its organisation. The employer should give clear, comprehensive and adequate notice of any warning that it may deem necessary to give to an employee. It is advisable that all warnings are given in writing, and that any initial verbal warnings are subsequently recorded in writing.

An employer should treat a warning as an opportunity for the offending or non-compliant employee to rectify his behaviour and performance, rather than as a mere punishment. As such, a warning should provide comprehensive details of a breach, the manner in which the employee is expected to address such shortcomings, as well as a time period or stages for the employee to rectify the situation, depending on the circumstances and gravity of a particular case. An employer should also afford its employees an opportunity to be heard by the employer, and to react to and discuss any warning that is given by the employer.

The nature and extent of any disciplinary measure that an employer proposes to impose on an employee should be proportionate to the gravity of such employee’s conduct, and should take account of the previous behaviour or performance of the employee as well as any other specific factors and circumstances that the employer would need to consider to address the situation in a reasonable and fair manner.

How can the employer improve transparency and fairness in its disciplinary processes?

Adopting and implementing clearly written disciplinary policies and procedures may be a useful tool for the employer to establish clear parameters and standards of behaviour and performance of its employees, as well as to enforce a fair, transparent and proportionate disciplinary system amongst its employees.

Formal disciplinary policies and procedures may, for instance, outline the various scenarios in which disciplinary measures may be taken against an offending employee, the types of disciplinary measures that may be prescribed and taken by the employer, as well as the procedures and steps to be followed in relation to the imposition of any such disciplinary measures.

Such a document would benefit both the employer and the employee by increasing the transparency of the manner in which the employer deals with disciplinary matters, and by providing guidance and clarity to both parties as to the various procedures to be followed by each party in relation to disciplinary matters that may arise from time to time.