How to Conduct Disciplinary Hearing and for CCMA Matters
The management of employee misbehavior, CCMA matters, or performance problems can be a highly unpleasant experience; this is true for both the company as well as for the employee.
When it comes to disciplinary hearings, it is critical to follow the proper processes not just to guarantee that the employee is treated fairly but also to ensure that the business is not harmed as a result of the hearing.
Procedures to deal with non-performance or misconduct
There is a process that is followed when there are performance problems with employees. The ‘process’ begins with verbal and written warnings, which are followed by a disciplinary hearing, which may or may not be held. Employees have the right to file an appeal against a final written warning letter. The employer has the authority to conduct an investigation and arrange disciplinary hearings in the event that only evidence would be able to decide the result of the case.
What exactly are written warnings, and how do they function in practice?
Written warnings are typically valid for three to six months, and final written warnings are valid for up to one year after they have been issued. They should always be signed by both parties, and the employee should always be given the opportunity to protest. Following a final written warning, if the employee’s behavior does not improve or change, the employer may elect to conduct a formal disciplinary hearing.
What exactly takes place at adisciplinary hearing?
The employee will be requested to give a fair explanation for his or her actions at a disciplinary hearing for CCMA matters, following which it will be determined whether or not the explanation is acceptable. The employer will take into consideration all of the facts, both positive and negative.
If it is determined that the employee in issue has engaged in inappropriate behavior, the aggravating and mitigating factors must also be considered in order to decide whether or not dismissal is the most suitable course of action to pursue. In most instances, a dismissal is the last option, typically reserved for situations in which it is judged that the trust relationship between the employee and the employer has irreversibly broken down.
In order to begin a disciplinary hearing for CCMA matters, the employee’s manager or the chairman of the hearing must be fully aware of the issues that will be discussed. The best sale training is strongly recommended in order to get a thorough understanding of this procedure and all of its intricacies.