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Substantive and Procedural Fairness in Disciplinary Matters

Two questions must be answered by any person chairing a disciplinary hearing: Is the sanction substantively fair? Was the hearing conducted in a procedurally fair manner? The question of substantive fairness seldom arises when a lesser sanction is imposed, but is frequently posed when the sanction is dismissal. To establish the substantive fairness of a […]

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Professional Performance Management

Doug Conant said “To win in the marketplace you must first win in the workplace.” This is the underlying principle of management performance professionally. Effectively nurturing, guiding and developing your employees in a positive manner breeds growth and commitment for your organisation. The philosophy behind this is that monitoring performance is a process, rather than […]

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Defining Counter Productive Work Behaviour

One of the greatest difficulties in managing employees is not knowing the boundaries in all the grey areas which make up human behaviour. Counter productive work behaviour is all the activities, inactivity, instigations, subtle comments and slow performance that managers often cannot put their fingers on but they significantly affect the productivity of the firm. […]

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How Procedural Mistakes in Disciplinary Processes Can Cost your Business

In Mzeku & others v Volkswagen SA (Pty) Ltd (2001) 22 ILJ 1575 (LAC), the court held that the LRA doesn’t permit reinstatement where dismissal is found to be only procedurally unfair.  However, the Labour Appeal Court is divided by the question whether a procedural flaw can render a dismissal substantively unfair as well. If […]

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Do’s and Dont’s of Disciplinary Enquiries!

Chairing a disciplinary enquiry is an important responsibility. It is a skill which can be developed and perfected with experience and training. One of the complexities of running a disciplinary enquiry is the element of the unknown, which always exists. As the chairperson, you never really know what to expect, the details of the alleged […]

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Take the Disciplinary Process Test

Disciplinary enquiries can be complex processes that are further complicated by the human element of working relationships.  One of the greatest tools that a manager or business owner can possess is the knowledge and skill of how to effectively run a disciplinary enquiry. The following brief questionnaire has been designed for you to assess your own […]

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