Who is This Ideal For?
This is ideal for small business owners who want to handle staff issues professionally, without the cost of hiring an HR consultant. It gives you a clear, easy-to-edit Disciplinary Policy and Procedure that helps you stay compliant, build fairness into your workplace, and save valuable time. Perfect for businesses with small or no HR teams, this resource shows your team — and the world — that you run a well-organized and responsible operation.
This will also add value to existing HR Departments, who want to further enhance their current policy, and to ensure that they are building fairness into their workplace.
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Corrective NOT Punitive
The Company’s Disciplinary Policy and Procedure, as allowed by the Courts (this specific policy is based on South African Labor Law, which is one of the best systems I have ever worked with), is flexible, and one procedure may not necessarily fit all. However, having said that, this is an excellent Disciplinary Policy and Procedure for you to consider using to ensure boundaries in the workplace are made clear to all concerned.
Not all procedures need be formal, nor is the criminal procedure model appropriate for the workplace. Criminal law says ‘beyond reasonable doubt’, whereas Labor Law looks at ‘balance of probability’.
It is important to note that the disciplinary process is corrective and NOT punitive. So many people trip up on this one. It is not your job to punish someone for their bad conduct or poor work performance, but rather, it is your job to set clear standards that employees need to comply with.
Be Prepared and Organized
If you are the Chairperson of a disciplinary hearing/meeting or possible dismissal meeting, then you will have obviously nothing to prepare. However, just ensure you have the notice of said meeting prior to the scheduled date and time.
If you are the employer bringing the complaint, ensure you have all the necessary documentation, facts and witnesses prepared well-beforehand.
If you are the employee who the complaint has been brought against, make sure you have had reasonable time to prepare (this will depend on the actual complaint), but normally 48 hours is deemed to be sufficient time. Have all your necessary documentation and witnesses (if applicable) well-prepared beforehand. It is a good idea to write down some notes beforehand, because these meetings can get heated and you could forget a pertinent fact that could help your case.
No matter who you are in these dealings, being well-prepared and organized will go a long way in taking some of the stress out of the situation.