Applying disciplinary procedures

As an employer, you will often have to deal with cases involving an employee’s misconduct or potential incapacity. This LegalFlow will guide you through the process of dealing with misconduct that is both ‘less serious' and 'more serious' in the workplace, describing when you will need to hold a disciplinary inquiry and what solutions will be available for your business.

 

Responding to a claim of sexual harassment

The law requires employers to take steps, using either formal or informal procedures, to deal with complaints of sexual harassment made by employees in the workplace. This LegalFlow will guide you as an employer through both formal and informal processes ensuring you are following legal and fair procedures, that your employee feels engaged with and that your business is protected.

 

Managing absence without leave (AWOL)

When an employee is repeatedly absent from work for short periods of time without informing their employer, it is called ‘absent without leave’ (AWOL). This LegalFlow will guide you, as an employer, through an initial assessment surrounding the situation and walk you through the appropriate legal steps which you will need to take in dealing with AWOL whilst ensuring that you follow fair procedures.

It is very important to distinguish between absenteeism without authorisation or permission and desertion. Absenteeism is when an employee does not show up for work at the required time and has failed to notify the employer of his reason for absence and his expected date of return. This absence tends to be short in duration. Desertion or absconding entails the employee's intention to no longer return to work.

Applying incapacity procedures

Where an employee’s poor work performance is not their fault, for example, if they are constantly absent due to illness, then incapacity procedures should be used to deal with the employee. The process to follow is different to a disciplinary enquiry for misconduct. This LegalFlow will guide you through formal incapacity procedures ensuring you are following fair procedures.

Investment Due Diligence Checklist

The due diligence process helps the investor determine if its initial decision to provide funding is based on accurate information. As such, investors check your finances, your company’s structure, legal documents, key personnel, employment contracts, vendors, clients and more.

Managing alcohol dependency at work

Alcohol abuse in the workplace is a serious issue impacting on employee safety, product quality and/or productivity. It is important to manage situations involving alcohol abuse appropriately and fairly. This LegalFlow guides you through three activities: Conducting searches for alcohol; Conducting alcohol tests; and Declaring an alcohol dependency, ensuring you are following legal and fair procedures.

Reporting an accident to Workmen's Compensation

The Compensation Fund provides compensation for workers who get hurt at work, or sick from diseases contracted at work, or for death as a result of these injuries or diseases. Employers have to pay into the Compensation Fund once a month and report any injuries sustained by an employee during the course of their work and/or any diseases contracted at work. This LegalFlow describes the process of reporting an injury or disease to the Compensation Fund, and the forms that you need to complete and submit.

Holding a disciplinary inquiry

In cases involving more serious misconduct, or when the behaviour has been consistent, an employer will need to hold a formal disciplinary enquiry. If you don’t follow correct procedures, the sanction, including dismissal of an employee, could be regarded as unfair. This LegalFlow will guide you through the formal disciplinary enquiry ensuring fair procedures are followed.

Grievance Procedures in the workplace

A grievance is any complaint that an employee might have as a result of a workplace issue. Employers should have a grievance procedure in place to deal with any grievances raised by employees. This LegalFlow guides you as an employee through a grievance procedure, helping you to understand what you need to do to lodge a grievance and the steps your employer should take to respond to the grievance. If your employer doesn’t have a grievance procedure in place, they can go to the LegalFundi LegalFlow: Putting grievance procedures in place.