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Fair proposal , fair retrenchment, dispute resolution
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- LARM321
- Institution
- North-West University (NWU)
Fair proposal, fair retrenchment, dispute relsolution APPLICATION ASSIGNMENT
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AMANTLE MATHULOEEVALUATION 2
,Instruction 1
A detailed internal and formal disciplinary process against Gerhardus and how it is going to be
applied
Introduction
It is critical that all firm personnel are well-versed in the organization's policies and procedures. It is
the responsibility of the employees to read, comprehend, and become familiar with the
organization's legislation and requirements. Employees should be aware that disciplinary action will
be taken against them if they break a rule, regulation, or directive, or allow others to do so.
1. Substantive fairness
The Initial thing to do is to establish whether or not what Gerhardus did was serious enough
to go through a formal disciplinary hearing. Several factors are going to analysed in order to
establish his form of misconduct and a possible disciplinary be implemented. If an employee
is found guilty of any form of misconduct, he/she may be disciplined in multiple ways.
My task as the labour practitioner is to ensure that the most relevant and fair
punishment is chosen while ensuring fair procedure.
3. Types of warnings and offences
Warnings are a way to reprimand a person about a form of misconduct they did and
they can thus be official, informal and different in the just how serious they are. The
form of warnings should depend on the severity of the offense the person did. They
are usually evaluated and suited to a situation. Verbal, written and final written
warnings can be used to classify the categories of warnings.
❖ The first step in a disciplinary action is a verbal warning and this is an oral
reprimand to the person involved. Besides it being orally delivered, when the
warning is given, it is usually recorded. It is the first step in the disciplinary
process and is generally given out for minor offences. It is recorded in writing
in the employee's private file so that the supervisor has a copy of the warning.
It is not a legal obligation for a warning to go from a verbal warning to a
written warning.
❖ Usually, a written warning is put away for more severe offences or when in
the past the verbal reprimands have failed to achieve the desired outcome. A
warning is issued out as evidence of misconduct. It clearly indicates the
employees future job responsibilities and gets rid of any doubt that the
offence did occur. If the offense happens against, the warning shows what
charges will be brought up.
❖ For a far more severe offence where in the past the warning that were issues
did not correct the attitude a final written warning will be given out, this final
, written warning is a way to tell the employee that the next action that is going
to be taken against them is dismissal.
❖ Dismissal is when an employer terminates an employee’s contract without the
employees own will
➢ The manager of the guesthouse Gerhardus was residing in has
already charged him with assault. For that reason, he is being
dismissed because he has disgraced the company name and
committed an assault therefore a formal disciplinary procedure
against him must take place
➢ Gerhardus will be prosecuted with a significant offense, first and
foremost because the sort of offense he committed was riotous
behaviour, involving both offence and putting the company's
reputation into contempt.
➢ All of the above mentioned are enough for a disciplinary hearing
against Gerhardus to be conducted
4. Procedural fairness in the dismissal of Gerhardus
Andries must start with conducting an investigation in order to establish if
there are enough grounds for dismissal as per Section 4 of Schedule 8 of the
Labour Relations Act because it specifies the conditions for a fair procedure
with regards to dismissals that are based on misconduct. This does not
necessarily have to be a formal investigation as of yet. The accusations against
Gerhardus should be communicated in a way and language that he can fully
understand. This is when Gerhardus will be given an opportunity to state his
case or rather his side of the story as a response to the charges that Andries
is laying against him. Gerhardus has the right to be given enough time to
formulate his response and to be represented by whoever he wishes, be it a
co-worker or a trade union representative.
After the investigation Andries should share his decision with Gerhardus and
probably issue him with a written notification of his decision. This will be done
through the process of a hearing. Action should not be taken against an
employee who is an office-holder or an officer of a trade union should not be
implemented without making it known and consulting the trade union prior.
Gerhardus should be informed why he is getting dismissed and be made
aware of his rights to appeal to a council of law or commission for a dispute
resolution’s mechanisms as established under the terms of collective
bargaining consensus
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