Many Employers struggle when it comes to dismissing misbehaving Employees. Some Employers do not discipline misbehaving Employees for years. Then suddenly one day when they (the Employer) have had enough of the misbehaving Employee’s behaviour (and all the years of misconduct which they were not disciplined for at all); dismiss them either without following any procedure and/or dismiss them for something that they should not have been dismissed for in the first place.
In general, what is expected of Employers is that they act consistently. They should treat similar misconduct similarly. There are certain exceptions when Employers may deviate from it, but the best yard stick would be to discipline misbehaving Employees in accordance with the Disciplinary Code.
When and how should Employees then be disciplined? When would their misconduct necessitate that they be taken to a disciplinary hearing?
Misconduct necessitating that Employees be taken to a disciplinary hearing
Usually the severity of the misconduct would dictate if an Employee should be taken to a disciplinary hearing. However, it is important to note that in certain Sectors certain types of misconduct will be dealt with more harshly than in other Sectors. Sleeping on duty by a Security Guard in the Private Security Industry may be seen as a dismissible offence and the misbehaving Employee will be taken to a disciplinary hearing. Whereas sleeping on duty by a Cleaner at an Engineering firm will not be treated in such a harsh manner. The misbehaving Employee at the Engineering firm could be issued a warning.
Dishonesty, Theft, Fraud, Gross negligence and Gross insubordination are usually considered to be serious misconduct which necessitates that a disciplinary hearing be held. This is not an exhaustive list. The specific circumstances will determine the seriousness of the misconduct.
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