If you’ve been a small business owner or manager, even a supervisor for a while, you’ll know that dealing with employee misconduct can be very frustrating. Especially when you’re not sure of the procedures to follow.
You often find some employees just don’t seem to want to behave or perform properly… the way you want them to … the way you need them to. And you end up continually fighting fires, trying to resolve problems with them, time and time again. Which end up as a huge waste of your precious time.
But this doesn’t need to happen.
Now’s the time that you as a small business owner, manager or supervisor can take the appropriate action to handle this misconduct effectively and consistently. And in so doing, you’ll send a message to your staff that you’re not messing around anymore and that you know what you’re doing.
Very soon you’ll find that your employee problems will get less and less. This then will start saving you time, productivity will improve and the headaches you had with those employees will be greatly reduced.
To do this you need to follow certain procedures.
So, when it comes to your attention that one of your employees has breached a particular rule (called misconduct) you’ll need to take specific action. This will get the problem resolved effectively and as quickly as possible. It doesn’t matter whether it’s a company rule or a generally accepted rule, the same procedures apply.
Guided by the Labour Relations Act, I’ve laid out all the steps you need to follow:
1. INVESTIGATION
Do an investigation first, before anything else. Find out:
- what exactly happened?
- when did it happen?
- who was involved? and
- what were the consequences?
Do this by speaking to as many people involved in the incident as possible including witnesses etc. This will make it in clear in your mind exactly what happened and what the problem is.
2. MEETING
Meet with the employee(s) who are allegedly to blame (have a witness present with you in the discussion to verify what was said) and find out firstly: do they know that the rule exists, and secondly: WHY did they break the rule. Important: Do this when your emotions are calm and under control.
3. REASON
Decide if the employee’s excuse or reason is valid or not. You don’t have to decide straight away but don’t take too long. Allow yourself enough time to think about it.
….. If it’s a valid excuse or reason then drop the case.
….. If you feel that the excuse or reason is not valid, then decide how serious the offence is, with reference to your Disciplinary Code. And what was the damage as a result– be it financial, reputational or working relations.
4. ISSUING THE WARNING
If the offence is not so serious, you can take informal disciplinary action by giving the employee a verbal, written or final written warning. You must check to see 2 things first:
- Do they have any previous warnings for a similar offence and if so then you should issue a warning at the next level; i.e. if they have a valid written warning for this offence, then you should issue a final written warning this time.
- What warnings or sanctions have other employees received for a similar offence.
5. VERBAL WARNING
If it’s a verbal warning, issue this to the employee in the presence of a witness. Keep a record of this and file it on the employee’s personal file (the employee does not necessarily have to sign the note).
6. WRITTEN OR FINAL WRITTEN WARNING
If it’s a written or final written warning, fill out the appropriate warning letter. Then, in the presence of a witness issue the employee with the respective warning and ask the employee to sign the letter. Give a copy to the employee and put the original on his/her personal file. (If the employee refuses to sign, write this on the letter and get the witness to sign it, before giving a copy to the employee and filing the original.)
7. DISMISSAL
If the offence is very serious and warrants a dismissal, then you should arrange a disciplinary hearing. Follow these steps to successfully arrange a disciplinary hearing:
- Complete the Notice to Attend a Disciplinary Hearing.
- Arrange for a neutral person to chair the hearing. This can either be another manager or an external chairperson.
- Allow at least 48 hours between giving the employee the Notice and the date of the Hearing.
- Meet with the employee, with a witness present, and inform the employee of a disciplinary hearing and when it is going to be held: date, time and the place.
- Read out the allegation and ask the culprit if he/she understands the allegation. Provide the culprit with reasonable information with regard to the alleged misconduct that will enable the employee to prepare his / her defense. This includes mention of the place, date and time of the incident and any other relevant documentation that they may require.
- Read out the employee’s rights as per the Notice of the Disciplinary hearing. This will include informing the employee of his / her right to representation and the right to present his / her case at the inquiry.
- In the presence of a witness ask the employee to sign The Notice. Give a copy to the employee and keep the original for the Hearing. (If the employee refuses to sign, write this on the Notice and get the witness to sign, before giving a copy to the employee.)
- Start preparing for the hearing by gathering evidence, arranging witnesses, preparing your case.
- Arrange for an interpreter if necessary.
The law does not specify that employees should receive any specific number of warnings. For example, three verbal or written warnings, and dismissal could follow as a first offence in the case of serious misconduct.
A verbal warning is recorded informally by way of a note detailing what happened, when and who was involved.
Issue a written or final written warning in cases where the contravention of the rule is serious or where the employee has received warnings for the same offence before.
You should suspend an employee on full pay pending the outcome of a hearing. Especially in instances when the employee’s presence at work may jeopardise any investigation. Or the employee’s presence may seriously affect the business (eg through sabotage) or colleagues (eg by threatening them) in a negative way. If this is the case then ask the employee if there is any reason why they should not be suspended. Then if they do not have a valid reason, issue the employee with a Suspension Letter.
HOW TO MAKE SURE YOU RESOLVE EMPLOYEE MISCONDUCT EFFECTIVELY
There are 2 approaches you could take to handle employee problems and get your staff members behaving the way you need them to.
Firstly, you can do what you’ve read in this article. There’s a lot of information here that’ll help you.
Or secondly, you can give me a shout and I’ll personally help you resolve the problem. I’ll take you through the process step-by-step to show you how to successfully handle any employee misconduct situation effectively and efficiently. Find out more about my consultancy services here.
Whichever approach you choose, the main thing is that you take action – and don’t ignore it.
This means that your staff will soon realise that they can’t misbehave or mess around. That if they break the rules you’ll deal with the perpetrators in the proper manner, consistently.
In the end you’ll find your employees will respect you more for what you do and be a far happier bunch. All building toward a more successful business.
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