Retrenchment is nothing but a dismissal for operational reasons, which can include a variety of reasons such as the financial decline of a business, an employer deciding to increase profits of his business or a part thereof, the introduction of new technology that results in a decline in positions or structural changes such as the transfer of a part of the business of the employer.

No organisation can operate efficiently unless the employer has in place rules and regulations to regulate the behaviour of employees at the workplace in terms of the company policies and procedures regulating amongst others attendance, leave, discipline, etc.

Staff Manuals are vitally important in underlying the philosophy of an organisation, the policy, what the policy hopes to accomplish and the organisations core mission and values. Procedure on the other hand includes the steps necessary to comply with the policy, with enough detail that end users will readily understand how to comply with the policy mandates.

Performance management makes up a significant part of every manager's job description, often resulting in managers consuming valuable time with poor performing staff rather than concentrating on the business of the company. Managers often view this as one of the less desirable responsibilities because too often the perception of managing poor performance is clouded by thoughts of tense, uncomfortable situations that may result in anger, low morale and repercussions that stifle growth within an organisation.

An employment contract is vitally important in that it establishes a formal agreement and provides for the relationship between an employer and an employee. Having an employment contract allows both an employer and employee to establish an understanding regarding the most important terms of employment such as the job description and duties, remuneration, termination, and general expectations of the employer.

Section 188 of the Labour Relations Act 66 of 1995, as amended provides that, to be fair, a dismissal that is not automatically unfair must be for a fair reason and in accordance with a fair procedure. The Dispute Resolution Firm & Mediation Centre provides an independent, suitably qualified, chairperson to chair disciplinary hearings ensuring impartiality and timeous outcome of proceedings.

Employees facing disciplinary hearings are entitled to many rights including that of the proper opportunity to prepare for the hearing in advance, the right to defend themselves against the charges brought and the right to fair labour practice.

On the other hand, employees who are guilty of misconduct cannot escape disciplinary action when the employer exercises its discretion.

Experienced, qualified, and professional disciplinary hearings chairperson at affordable rates in the Western Cape. (Other provinces will attract additional fees for air travel/accommodation/car hire/venue costs).

Motor Industry - We offer a specialist chairperson with 35 years’ experience in the franchise and non-franchise motor industry.

We have Labour Law experts who have extensive experience in chairing disciplinary hearings and as an alternative in keeping with our philosophy of “Alternative Dispute Resolution” we offer unique Workplace Mediation to avoid costly dismissals.

For SME’s who cannot justify the employment of a full-time Human Resource Manager – we offer the ideal alternative, either on a retainer fee or adhoc basis, a mere phone call/email away.

Our advice do not handle disciplinary issues inhouse.

Can you afford your managers to sit in protracted disciplinary hearings?

Consider the manager’s time costs to chair a disciplinary hearing and consider the non-impartiality.

I makes sense to outsource and obtain a neutral, experienced arbitrator to do the job for you in a way which protects your company from further legal referrals.

Disciplinary Hearing Protocols

• We provide independent, experienced, and well-trained labour law practitioners to chair disciplinary hearings.
• Clients are charged per hour only.
• The proceedings are recorded if required.
• Disciplinary chairpersons hear the evidence and make a decision, based on principles of law and fairness, if the employee is guilty or not and if so, what the appropriate sanction should be.
• The Employer mandates the chairperson to make a recommendation or final decision on the sanction.
• The chairperson will present the client with a typed record of the proceedings, which includes the finding and any sanction. This does not include a transcript of all the evidence but a summary of the pertinent evidence in the finding.
• Should the matter proceed to the CCMA or Bargaining Council, we represent the Employer.

Grogan in Workplace Law (7 ed) at 177 states:

“…the officer presiding at a disciplinary hearing must not only be impartial in fact, but also that there should be no grounds for even suspecting that his or her decision might be shaped by extraneous factors, even if this is in fact not actually the case”