- Introduction
- 1. Procedures
- 2. Reasons
- 3. Fair
- 4. Warning
- 5. Meeting
- 6. Contract
- 7. Dismissals
- 8. Absenteeism
- 9. Abandonement
- 10. Criminal
- 11. Instant
- 12. Suspending
- 13. Trial Period
- 14. Fixed Term
- 15. Constructive
- 16. Illness / Injury
- 17. Incompatibility
- 18. Redundancy
- 19. Resignation
- 20. Disciplinary
- 21. Conflicts
- 22. Principles
- Summary
Meeting
Before a written warning can be given to an employee, the employer is required to meet with them first. The meeting is an important part of the process.
- It should be held in a private room where other employees cannot see or hear.
- Ensure the organisation has someone in attendance as a witness.
- Ensure minutes of the meeting are taken.
- The employee must be informed of the meeting beforehand and given brief details of what the meeting is about.
- Employees must be given sufficient time to arrange representation at a disciplinary meeting.
Note: It is helpful for employer’s to have a witness present. Males conducting the meeting are strongly advised not to see females alone.
At the meeting, put all the information and evidence relied upon before the employee and ask for the employee's version or account of events. If you don't accept the employee's explanation, explain why. Give the employee a chance to respond. Record (in writing) all that takes place.
If the meeting relates to poor work performance, the employer should ascertain from the employee how the organisation could assist the employee in performing his/her job adequately. Courts require an employer to show support and assistance to the employee. It is also the employer's responsibility to provide extra training for the employee if it is needed.
Following the meeting and after giving consideration to the employee's excuse (another requirement by law), a written warning may be given. The warning letter should not be presented to the employee at this meeting, rather, tell the employee that you will consider the matter. Let him/her know the matter is serious and may result in a warning. After considering the matter, it is advisable to give the letter to the employee a day or two after the meeting. If a letter is prepared prior to a disciplinary meeting it would demonstrate pre-judgement on the part of the employer and may be construed as 'Constructive Dismissal'.
