This archive report was first published on 11 September 2019.
On September 11, 2019, Business Daily highlighted the importance of a fair disciplinary process in handling employee misconduct.
Dismissing or terminating an employee is a serious matter with far-reaching consequences, affecting not only the individual but also the organization's outlook. To mitigate these risks, courts and labour institutions emphasize the need for fair procedures and natural justice.
Before taking disciplinary action, it is essential to conduct a thorough investigation, gathering objective evidence to support concerns. This includes proving that targets were set and communicated to the employee, and that performance has fallen short of expectations.
When allegations of theft or negligence are made, proper investigations must be conducted, and in some cases, the employee may be placed on suspension pending the outcome.
Once a prima facie case of misconduct is established, a charge sheet should be issued to the employee, providing them with an opportunity to explain their conduct. The charge sheet should clearly specify each allegation and provide a separate charge for each.
It is also crucial to notify the employee in writing that their performance and/or conduct will be discussed during a meeting.
After receiving the employee's response, their explanation should be considered, and if it is satisfactory, no disciplinary action may be necessary. However, if the management is not satisfied, a full-fledged enquiry can be conducted.
Ultimately, the goal is to ensure fairness and natural justice throughout the disciplinary process, providing the employee with a chance to explain themselves and present their case.
