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23 August 2006: No 47/06

SPOTLIGHT ON PSAP DISCIPLINE

Consistent with the view that discipline should be aimed at changing behaviour, counselling and written warnings should be seen as an opportunity to point out to an employee where behaviour has fallen short. Formal procedures do not have to be invoked every time a rule is broken or a standard is not met. In accordance with Item 3(3) of Schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act, 1995, informal advice and correction is the best and most effective way for an employer to deal with minor transgressions of work discipline.

Progressive disciplinary action may yield the desired result and has the added advantage of building harmonious relationships. In this regard any of the following can be applied:

Verbal warning.

Written warning.

Written final warning.

The corrective steps may be applied progressively, but should not be applied mechanistically. In other words, the steps indicated above do not necessarily have to build on one another. Depending on the seriousness of the transgression (which should be judged) a written warning or final written warning might be issued in the first instance.
Corrective counselling

The purpose of corrective counselling is to probe causes of misconduct together with the employee and/or his/her representative and to jointly identify means of correcting the unacceptable conduct. It is normally applied in instances of misconduct of a less serious nature where there is room for change and improvement and where a trend has developed (e.g. late coming). It would generally not be used in a once-off situation. A fair procedure for counselling will

Acknowledge the employee’s rights eg

To be timeously notified of the allegations;

To be allowed the opportunity to state a case in response to the allegations;

To be afforded reasonable time to prepare; and

To be assisted by a trade union representative or fellow employee;

Be based on facts;

Be carried out in a constructive but not soft climate;

Involve a discussion about the problem and reasons therefore;

Lead to an acceptable solution;

Be intended to motivate the employee; entail follow-up

The Supervisor should encourage and support the subordinate. There should be no doubt in the employee’s mind what is expected of him/her at work.

Record of the meeting and the matter on which the counselling took place must be placed on the employee’s personal file. This serves, as proof that the employee is now aware of the rule and or conduct required.

WARNINGS

Informal warnings such as “corrective counselling and/or verbal warnings” simply serve as notice that more formal disciplinary steps will be taken in the future. They are not taken into account in subsequent disciplinary proceedings.

The courts and arbitrators typically tend to discourage employers relying on informal verbal warnings as the basis for subsequent stricter disciplinary action. Only written warnings may be taken into account in subsequent disciplinary action.

Informal warnings are used for minor infractions and as a first step in progressive discipline. Repeated misconduct will warrant written warnings, which themselves may be graded according to degrees of severity. The type of warning to be issued will be determined by the alleged misconduct and the employees’ response to the allegations. Similar or same written warnings may also be taken into account. These will act as aggravating factors in determining the type of written warning to be issued.

Warnings are generally classified into the following three categories: verbal, written and final written warnings (it should be noted that counselling and/or verbal warnings generally constitute a first stage of disciplinary action and are aimed to inform the employee about required standards of performance and correcting minor instances of misconduct, rather than serving as a formal warning.

The fact that the employee has been counselled or that a verbal warning has been given must be recorded in writing and confirmation of the counselling and /or verbal warning must be placed in the employee’s personal file.

Within the context of the above, it is emphasised that the power to counsel an employee and/or to issue an employee with verbal warning is vested in OC’s/Managers/Supervisors, whilst only the Secretary for Defence and/or his delegate, being the Director Labour and Service Relations, are empowered to issue written warnings to PSAP.

Enquiries in this regard as well as the reporting of allegations of misconduct must in all instances be directed to the Directorate Labour and Service Relations via the Regional Labour and Service Relations Officers (Former Multi Skilled Functionaries)

Telephone: (012) 339-5034