Managing Misconduct


  • 12 letter templates to help you manage employee misconduct
  • Sample Workplace Bullying Policy
  • 7–Step guide to investigating misconduct
  • How to identify serious misconduct
  • How to minimise your legal risk when dismissing an employee



About the editor

Managing Editor of Fleet Street Publications’ Labour Law for Managers and the Practical Guide to Human Resources Management.
 
In her experience as managing editor, Taryn works with many of South Africa’s top labour law and HR experts.

It’s access like this that enables her to give you any pertinent information, ensure you're 100% up-to-date with labour law and that you're benefiting from the latest tips, tools and guidelines.

Managing Misconduct contains 12 important letter templates that you can download and edit to help investigate and respond to employee misconduct.

Including:

  • Letter to appoint an investigator
  • Letter of suspension
  • Letter informing the employee of the allegations
  • Letter to the employee from the investigator
  • Letter to invite a witness to an interview
  • Letter inviting the accused to a meeting
  • Letter directing an employee to attend refresher training
  • Warning letter
  • Letter offering a mutual separation
  • Letter of dismissal requiring notice to be served
  • Letter of dismissal with payment in lieu of notice
  • Letter of dismissal for serious misconduct

As an employer or manager of staff, one of your most important tasks is to encourage and maintain a productive, positive and healthy working environment.

To successfully achieve this balance, you need to set clear expectations for the performance and behaviour of your workers.

You also need to be able to identify behaviour that is in breach of your workplace standards and to respond swiftly to inappropriate behaviour and misconduct.

If the behaviour of one of your employees constitutes misconduct you may be tempted to simply dismiss them. (And sometimes dismissal is the most reasonable action to take when considering the best interests of your company and your workers!)

But it’s important you understand how to avoid any legal repercussions should you choose to go down this path.

This means having policies and procedures in place that outline:

  • How you expect employees to behave;
  • How to conduct an investigation into employee misconduct; and
  • The disciplinary steps you’ll take if an employee breaches workplace standards.

To begin with, you need to consider developing and implementing management procedures for dealing with misconduct.

You also need to outline clearly — in writing — what your company expects from its employees in terms of performance, behaviour and appropriate conduct.

To help guide you through this process, workplace relations specialist, Charles Power, has developed an important new resource that deals specifically with employee misconduct.

This 78–page eReport explains exactly what behaviour constitutes misconduct and provides clear guidelines on how you should effectively respond. You’ll find out:

  • 10 Essential items to include in your workplace policies;
     
  • 6 Things to consider before conducting an investigation into misconduct;
     
  • A 7–step guide to conducting an investigation;
     
  • 3 Potential alternatives to dismissing an employee for misconduct;
     
  • How to minimise your exposure to legal risk when dismissing an employee; and
     
  • How to recognise serious misconduct and implement summary dismissal.

Being able to respond to employee misconduct quickly, confidently and effectively — while minimising any legal risk — will help ensure the productivity of your business remains uncompromised.

 
 

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Disclaimer
Copyright © 2017, Fleet Street Publications (Pty) Ltd.
The information contained herein is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed. No action or inaction should be taken based solely on the contents of this publication. We do research all our recommendations and articles thoroughly, but we disclaim all liability for any inaccuracies or omissions found in this publication. No part of this publication may be reproduced or transmitted in any form or by means of electronic or mechanical, including recording , photocopying, or via a computerised or electric storage or retrieval system without permission granted in writing from the publishers.