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Post Info TOPIC: disciplinary actions
Anonymous

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disciplinary actions
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Good day, I am a waitress at a South African restaurant. I urgently need advise on the following: On Thursday, 1 May 2014, I was on duty. I was serving a table at the time, when I decided to finish my coffee at the binyard of the restaurant, and took a smokebreak with my coffee for about 3 minutes, while the last 3 customers were eating their toast. Within those 3 minutes the owner called me. I admit, I did break a rule, by smoking while I was having a table, but it was not done with intent to harm either the business or the customers. The owner immediately sent me home for a non-compliance offense. The next morning when I reported for duty, I was immediately served with a final written warning and a suspension note to appear at a hearing in 5 days from that date. The hearing is taking place on Monday, 5th May 2014. I need some advise on if the disciplinary procedures followed are correct and what I can expect from such a hearing. Thank you!

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Labour Protect

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Dear Anonymous

If your place of employment has an established procedure for dealing with such incidents then such a procedure must be followed provided that it complies with the law. If there is no established procedure then the employer must follow the Code of Good Practise set out in the Labour Relations Act.

It is important in the case of a small employer such as a resteraunt that employees are made aware of all the rules and regulations. Even if a code of conduct or rules are not written down some may be so well known and accepted in the industry that they do not need to be brought to the attention of employees.

It is important that the disciplinary measure fit the severity of the offense and therefore it is questionable why a final warning was issued for a first time offense. Dismissal is considered as the most severe form of discipline and should not be used for a once off offence unless the offence is so serious that it warrants dismissal.

I hope this helps you out.

LP



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