10 what is the purpose of a disciplinary code and

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10 What is the purpose of a disciplinary code and procedure? Disciplinary code Specifies forms of employee behavior employer regards as misconduct Indicates type of disciplinary sanctions employer can apply if employee breach code Disciplinary procedure Sets out manner in which disciplinary action is to be taken against employees Details steps that will have to be taken such as investigations, appropriate disciplinary sanctions such as warnings What are the steps in the disciplinary process? Standards of conduct must be formulated Employee’s conduct/behavior/performance should be monitored and measured against standards Employee’s conduct/behavior/performance needs to be corrected where they fall short of standards Measure if corrections had desired effect on conduct/behavior/performance Discuss the approaches to discipline Negative Mainly regarded as method to punish employees Employers act on half-truths, take arbitrary decisions regarding discipline and dismissal Do not act preventative or rehabilitative to obtain cooperation of employees Creates tension and cultivate industrial unrest Positive Create climate where employees accept leadership and role of management in positive manner Workers understand rules of undertaking, motivated to obey them Industrial unrest minimized Regular contact, cooperation, discussions between employees, trade unions and management to determine boundaries of discipline and its consistent application Supervisors give intensive guidance in respect of required standards of conduct/performance levels within rules and regulations of undertaking Who is considered an employee as defined in the LRA? Any person, excluding an independent contractor, who works for another person or for the state and who receives, or is entitled to receive, any remuneration Any other person who in any manner assists in carrying on or conducting the business of n employer What would be considered an unfair dismissal under the Labour Relations Act? Misconduct Did the employee contravene a rule or standard regulating conduct in, or of relevance to, the workplace If a rule or standard was contravened o Was the rule/standard valid or reasonable o Was the employee aware of the rule/standard, or could it be reasonably expected that they be aware o Is the rule/standard consistently applied o Was dismissal an appropriate sanction for the contravention of the rule/standard Incapacity Did the employee fail to meet a performance standard If the standard was not met o Was the employee aware or could it be reasonably expected that they be aware of the required performance standard o Was the employee given fair opportunity to meet the required performance standard o Was dismissal an appropriate sanction for not meeting the required performance standard After probation employee should not be dismissed unless employer has o Given employee appropriate evaluation, instruction, training, guidance or counseling o
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