South African Private Company Labour Relations

1451 words - 6 pages

Disciplinary process
The Group has a separate document
The Group disciplinary proceedings is applied progressively and the standard of procedure does not infringe on the employee or employer’s right to fair, lawful approach and rules are reasonable. It has appeared to be reasonable when dealing with both organisation formal and informal disciplinary proceedings ,clearly distinguish serious from lesser offences which are in line with the code of good practise as well as imposed penalties including the sanctions for FAIS registered employees and the consistency in the application, Having regard to the circumstances of the case, the Group reserves the right to impose a lesser or harsher ...view middle of the document...

Disciplinary counselling will be resorted to when circumstances dictate such procedure to be applicable and the decision to follow this route rests within the sole discretion of management. Disciplinary counselling is regarded as a matter between you and your immediate manager.
Formal Disciplinary Process
Where disciplinary counselling is considered ineffective or in appropriate , formal disciplinary proceedings will be instituted which may include disciplinary consultation or a formal disciplinary meeting process, depending on the circumstances. In all cases where it is suspected that the employee has a substance dependency problem, the employee should be referred to Absa Employee Wellbeing prior to considering dismissal.

Some of the employee rights from the lists are as following:
-You may not be dismissed for disciplinary reasons without the procedural provisions contained in the Labour Relations Act having been complied with.
-At any stage during the formal disciplinary process you are entitled to be represented by either a fellow employee, an accredited representative of a recognised trade union, a paid official of a recognised trade union and the representative may not be a legal practitioner [as defined by the Labour Relations Act], Act 86 of 199.
-Should you require the use of the interpreter, a mutually acceptable interpreter will be arranged by the employer. Employee is required to advise management in advance in order to ensure that the necessary arrangements are made.
-Employee is entitled to refer any dispute regarding the process and/or the decisions taken during disciplinary proceedings within five [5] working days of being notified in writing of the outcome of such proceedings to be dealt with in terms of the review procedure contained in the disciplinary policy.
Review
At disciplinary proceedings [which need not be conducted in a single meeting]the parties involved would be the Human resources contact centre as a basic discussion document, the management representative (line manager) and is facilitated by the employee relations consultant who appoints the decision maker who would usually be a full time employee of the Bank and be on an Assistant Vice President/ Vice President, an appointed decision-maker will determine whether or not you are guilty of the allegation/s and if appropriate, what disciplinary sanction should be imposed. He or she will ensure that you understand the process to be followed it should be noted that the process is intended to clarify what happened.
Disciplinary review procedure
Whenever you are dissatisfied with the process and/or decisions taken at the first review disciplinary proceedings, employee is entitled to refer such dispute to be dealt with by the second decision maker with the highest/ senior authority in the organisation from the previous decision maker and/or subsequently to refer any such dispute to the CCMA.
Depending on the degree of seriousness and circumstances ,...

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