For most people, the difference between right and wrong is as clear as day. This is determined by one’s principles. In the workplace, the labour laws advise what is acceptable and what is not. This is not to say personal principles do not matter, for most, they are not violated but rather complemented by these laws.
The said laws are simplified into company policies and procedures for easy comprehension. These come in handy when grievances or disciplinary issues are to be handled. They address the critical questions of what, when and how. Disciplinary hearings are part of the disciplinary process, and their goal is to solve issues or reveal hidden truths. It is common for problematic employees to have multiple charges laid against them for example, but this can be deemed unfair, especially where dismissals are in the mix. Let us explain how, read on!
Discipline is a key component in every employment relationship, but it is not always guaranteed. Contracts are breached and rules are violated, which leads to grievances or disciplinary issues. To try and address these, formal or informal steps may be taken. However, if they persist or are of a serious nature, a more formal approach must be taken. As hinted above, when an employee commits several offences, disciplinary action may be taken against them. This could possibly require a disciplinary hearing. A disciplinary hearing is meant to establish whether indeed the alleged offences have been committed as well as what the appropriate sanction is, i.e., written warning, demotion or dismissal. A fair disciplinary hearing adds to the procedural fairness element, in accordance with the rules of natural justice. This, therefore, means failing to adhere to this may lead to a dismissal for instance, being deemed procedurally unfair. As one of the key factors in the procedural fairness element of a disciplinary hearing, allegations/charges must be clearly outlined. Let us now talk about the issue surrounding multiple charges. Read on!
The unfairness
Practices where a charge is split into more than one are commonly known as duplication of charges. This was explained in the case of Ntshangane v Speciality Metals, the employee was charged with absence from work without good reason or permission and with breach of good faith towards the company. He was found guilty on both counts but was given a final warning for the first offence and a dismissal for the second. The Commissioner and the Labour Court both held that this was unfair as it constituted a duplication of charges. This is because the charges overlapped and related to the same misconduct. This basically meant the employee was tried on the same matter twice, just that it was wearing different coats. The entire process, as well as the sanction implemented, was compromised by the fact that the charges laid against the employee were considered unfair as mentioned above.
Conclusion
Multiple charges may be due to the fact that it is difficult to determine the correct or relevant charge because many rules have been broken, or on the other hand, employers are on a witch hunt and wish to “get rid” of some employees. However, whatever the reason may be, employers must avoid duplication of charges and reassess everything. Maybe if a charge cannot be determined/established, then there is no charge to be tried in the first place. Disciplinary hearings are time-consuming and can be taxing on all the parties involved. Therefore, before deciding to proceed with one, make sure it is necessary and all grounds are covered. HR consultants come in handy in such instances; they dont only provide insight, but they also provide supported advice. Feel free to contact us on the details provided below if you wish to engage one.
Contacts
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