Performance and Discipline Issues – Follow the Code

Talk to any manager or small business owner and invariably they will concede that the most difficult role they have within their organisation is to competently manage employee performance and disciplinary issues.

Not surprisingly, very few managers find it easy to address performance and discipline.    Most of us prefer to avoid confrontation and having difficult conversations.   Managing poor performers or badly behaved employees also requires a unique skill-set; a combination of conflict resolution techniques, an ability to empathise, high levels of emotional intelligence and an understanding of the impact of labour legislation.

We must also acknowledge the ramifications of getting the process wrong.   Frequently employers only appreciate the challenges of managing performance and discipline once they have been subject to a reinstatement or compensation order from the CCMA or a bargaining council.

The starting point for employers seeking to properly address performance and disciplinary issues is to gain appreciation of the statutory requirements, most notably the Labour Relations Act 1995.     However, that process will not by itself unlock the key to effective people management; having broadly understood legislative obligations, employers should then refer to the Code of Good Practice: Dismissal.

The Minister of Labour has published Codes on issues such as implementing redundancy programs, handling sexual harassment cases, disability in the workplace and managing pregnant employees.   Importantly, the Code of Good Practice: Dismissal provides employers with a “how-to-guide” for dealing with performance and disciplinary issues.

The Code reinforces the need for fairness and consistency in addressing performance and discipline and provides guidelines that enable employers to:

• address disciplinary issues short of dismissal;
• determine whether they have a fair reason for an employee’s dismissal;
• comply with procedural requirements when effecting dismissal; and
• manage probationary employees.

As the Code acknowledges, each case is unique and there may be times when employers should depart from its general principles.   However, for new managers and small business employers in particular, they can have confidence in their ability to competently address performance and disciplinary issues if they understand the Code and follow its guidelines.     It should be viewed as essential reading for any manager and a copy keep readily at hand.

Workplace Strategies is a consulting firm with expertise in labour law and human resources.    We also offer training programs aimed at up-skilling managers on mechanisms for effective performance and disciplinary management.

The Code of Good Practice: Dismissal can be downloaded from:

http://www.workplacestrategies.co.za/pdf/Code of Good Practice – Dismissal.pdf