Counselling Provided: the counselling/guidance given to the
employee to correct the unwanted behaviour.
Disciplinary History: the final warning is imposed because
two or more recurrences of the same kind of acts of misconduct have occurred
within a 12 (twelve) month period or as a disciplinary sanction short of dismissal
for a serious act of misconduct for which it has been decided not to dismiss
the employee.
Counselling Provided: the counselling/guidance given to the
employee to correct the unwanted behaviour.
Counselling provided: the counselling/guidance given to the
employee to correct the unwanted behaviour.
Date of Hearing: in terms of the Labour Relations Act, the employee should be given a
reasonable time to prepare and as a rule of thumb at least 3 days’ notice of
the hearing should be given.
Prosecutor: insert
the name of person presenting evidence of the charges against the employee.
Disciplinary charges: detail of the charge or charges, for example:
- Persistent
failure to follow lawful instructions in that you have failed to…;
- Not devoting
your full energy and time to your job responsibilities as outlined in your
contract of employment in that it is apparent from your work performance, or
lack thereof, you are not applying yourself to your job responsibilities in a
manner that could be expected of a full time employee in that…;
- Moonlighting,
in that you are devoting your energies to alternative activities and/or employment
over and above your job responsibilities as set out in your contract of employment
without the prior written permission of the employer.
Under this section each witness’s testimony and piece of
documentary evidence, provided by both the employer and employee, should be
discussed.
The Chairperson should explain the reasons for his
acceptance, or rejection, of all evidence and explain the reasoning for his
final findings for each individual charge.
Should the employer’s internal procedures make provision for
an internal appeal process, this should be explained to the employee. It should
then be recorded that the employee has been made aware of his rights under this
option.