Disciplinary actions and warnings – By André Claassen – Because of the progressively corrective nature of disciplinary action, the sanction applied should also be progressive in nature. Depending on the severity of the offense and the circumstances under which it as committed, the sanction can range from a verbal warning through to a written warning, a final written warning and dismissal. Warnings do not necessarily have to follow the order of verbal – written – final written – dismissal, unless the employer has made provision for this procedure in his Disciplinary Code. Thus, if the employers Code states that for a first offense of misconduct a verbal warning must be given and for the second offense of a similar nature a written warning must be given, then for the third offense a final written warning then on the fourth offense dismissal, then the employer is generally bound to follow his own procedure. It is therefore possible to dismiss even on a first offense and without any prior warnings having been issued, but that will depend on the severity of the offense, the circumstances under which it was committed, and the provisions of the employers Disciplinary Code. There are certain elements that must be contained in a warning. The purpose of the warning is to try and correct a situation, if necessary by progressively more severe sanction each time the offense is repeated, or if there are repeated offenses of misconduct. A warning must contain • the identity of both parties • the nature of, date of and time of the offense • the terms of the warning and validity period • clear statement of what action is required of the guilty party to rectify the situation • clear statement of the consequences of the guilty partys failure to take heed of the requirements of the warning or of repeated offenses (of similar or other misconduct) Verbal Warnings A verbal warning is usually applied for a very minor offense, where the matter is resolved at shop floor level. Where a verbal warning is warranted, it is seldom necessary to embark on formal disciplinary procedures, and an informal procedure culminating in a verbal warning will generally achieve the desired result. As in every case, prior to issuing the warning, the manager concerned must follow a fair procedure and allow the employee the opportunity to put his side of the case. The verbal warning is then issued, in the presence of a witness or shop steward, and the manager issuing the warning must ensure that the employee understand why the warning has been issued and what action is required of the employee to rectify the situation, and – very importantly – the employee must understand what the consequences will be should he/she fail to take heed of the warning. A verbal warning, say for swearing at a colleague, would be something like this Godfrey Smith, as you know Jeffrey Dlamini reported to me that you swore at him at tea time today in the canteen. (both parties are identified, the nature of the offense is stated and the date, time and place of the offense is stated.) I have heard your side of the story and I have heard Jeffreys evidence. I am satisfied that you swore at Jeffrey and you have admitted this and apologized. I am giving you now a verbal warning in the presence of the shop steward Alfred Molefe that swearing at your colleagues for any reason is unacceptable and will not be tolerated. You are warned against using foul or abusive language against any person at this company. (this tells the guilty party what he must do to rectify the situation.) This warning is valid for 3 months, this tell the guilty party how long he has got to rectify the matter) and should you fail to take heed of this warning then stricter disciplinary action will be taken against you. (this tells him what will happen if he does not rectify the matter) Do you understand what I have just explained and do you understand what will happen if you fail to take heed of this warning? (this makes certain that there is no misunderstanding on the part of the guilty party about what is required.) The manager must make a note of the reply given by the accused. If he does not understand, ask him what part he does not understand and have another person explain to him in a language that he can clearly understand. The manager issuing the warning must make a note in his diary or other convenient place where the record can be kept for future reference, noting that the warning was issued, the date and time it was issued, why it was issued and the period of validity of the warning. It is not recommended that details of a verbal warning be placed on the employees personal file. This is a minor matter and is handled at shop floor level. The employees personal record will become involved only when and if formal proceedings are invoked. Should there be no recurrence of a similar nature within the validity period of the verbal warning, then the notes made by the manager in his diary may be deleted. Written warning A written warning is resorted to when • a verbal warning has failed to produce the desired result, therefore necessitating stricter action, • or if the offense for which a verbal warning was issued has been repeated • or if there have been repeated offenses of other misconduct, • or if the offense (even a first offense ) is considered serious enough to warrant disciplinary action stricter that a verbal warning. It is emphasized that a written warning should only be issued after having followed a fair procedure, whereby the accused has been afforded the opportunity to present his case in answer to the charges against him/her
Posted on: Tue, 29 Oct 2013 15:09:04 +0000
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