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Workshops and Seminars
The EMPOWER
Principles of Effective Discipline, Dismissal
and Termination of Service
Workshop
Don’t get caught in the ACT
You can, and you should, control your workplace.
Properly applied Labour Law is a powerful management tool.
An employee's primary obligation towards the employer is to provide his/her services
at the TIME in the MANNER and to the STANDARD set by the employer.
Should the employee, without good reason, fail to fulfil this obligation
then he/she is in breach of contract and the employer is entitled to
take steps to rectify the breach.
Properly applied discipline has a very positive effect on the morale of your employees.
The key principle is that employers and employees should treat each
other with mutual respect. A premium is placed on both employment
justice and the efficient operation of the business. While employees
should be protected from arbitrary action, employers are entitled to
satisfactory conduct and work performance from their employees.
Legislation places great emphasis on Procedural and Substantive fairness in disciplinary
matters. The workshop gives delegates the knowledge necessary to
implement effective, fair and legal disciplinary procedures in the work
place.
You will learn:-
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Obligations of Employees and Employers towards each other. Yes. You do
have legal obligations toward your employees. BUT the have legal obligations
towards you. You have RIGHTS and you have a right to insist that they are met.
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The 3 Legal reasons for dismissal. A dismissal for any other reason
will be deemed as unfair and you will be penalised for this at the CCMA or
Bargaining Council.
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The proper procedure for applying discipline and or dismissing an employee.
Current labour law places great emphasis on fairness, both procedural and
substantive. It is both morally and legally, important that you comply.
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The difference between Discipline and Punishment. In all instances
your intent should be to modify and direct behaviour and performance to desired
standards while leaving the employees self-image intact.
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The importance of dealing with performance and behaviour. Whether you
"like" the employee or not is not the issue. What is important is whether or not
the work that is done or the behaviour that is displayed is acceptable by
company standards.
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The Impartiality model. Helping you to make the right decision
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Dismissal Ill Health. A key element of any contract is the possibility
of performance. If the employees health interferes with the possibility of
performance then you have the right to terminate the contract. There are however
certain legal requirements that you must comply with.
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Dismissal Poor Performance. You are entitled to a reasonable standard
of work. Should the employee fail to perform to required standards then you may
terminate the contract. However there is a process that must be adhered to.
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The difference between a “fair” and “unfair” dismissals. It is
important that you know this as in Labour Law, contrary to civil or criminal
law, the employer is guilty until proven innocent
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What constitutes an “Automatically Unfair” labour practice.
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How to conduct a Disciplinary Enquiry. Procedural fairness is
essential. You must know;-
> The 4 cardinal questions that must be asked before
proceeding.
> The one thing that you must do at all hearings.
> The 2 things you must tell the "accused".
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Termination of service. There are 4 ways that an employees' service
can be terminated. Each is dealt with differently but must be dealt with
correctly.
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What records should be kept and Why.
Remember that, in any claim
of unfair labour practice, you are guilty until proven innocent. Learn what
records must be kept and how to ensure that they are acceptible as evidence.
Each delegate will get a Discipline and Dismissal "Tool Box" with all the necessary forms, policies and procedures necessary to implement effective disciplinary
procedures in the workplace (R150.00 value).
Don't get caught in the ACT.
Use the ACT to take back control of your workplace with
The Corporate Healer's
Principles of Effective Discipline, Dismissal
and Termination of Service
Workshop