Written by Ivan Israelstam, Chief Executive of Labour Law Management Consulting.
Due to the fact that ignorance of the law is no excuse employers who do not know the law normally come of second best at the CCMA. For example, in the case of Cook vs Jenny B Hairdressing (1999 7 BALR 849) the employee had received several warnings for misconduct. Later on she was dismissed despite the fact that she had not committed another offence. This the employer did not realising that the law prohibits employers from disciplining employees for the same offence twice. The employer therefore lost the case and was forced to pay compensation to the unfairly dismissed employee. Experience has shown that:
- Employers hire or promote “managers” without ensuring their labour law knowledge.
- Such managerial ineptness is dangerous because, not only are the laws of discipline today strongly weighted in the employees’ favour, but the labour laws are constantly changing and growing in number.
What is the difference between a professional and unprofessional manager?
- The skill to induct, motivate and coach the recruit into becoming an effecrive and loyal team member.
- The will and capacity to develop the skills and careers of employees and to manage their performance to the advantage of company profitability.
- The earning of respect of employees, not due to fear but due to an effective, fair and firm people management style.
- Acquiring the natural ability to help and guide employees who need such support.
- The skill to delegate tasks and responsibilities in such a way that the manager has time to manage instead of wasting time doing employees’ work for them.
- In-depth understanding and utilisation of labour law and corrective action principles to prevent or minimise misconduct at the workplace.
- Expert disciplinary skills to be used when discipline and disciplinary hearings become necessary.
- The ability, knowledge, maturity and foresight to resist disciplining an employee while in an angry state.
- The ability to implement discipline in an unemotive, clinical, fair and effective manner.
- The willingness and humility to learn and to use labour law/ industrial relations experts where necessary.
Managers properly trained in the above skills will very much more easily achieve productivity targets and workplace harmony, and will need to have no fear of being dragged to the CCMA time and again for unfair labour practices.
Details:
To book for our 24 July seminar in Johannesburg on Conducting Disciplinary Hearings please contact Ronni on ronni@labourlawadvice.co.za or 0845217492.
