Cape Argus

Online tool to help with disciplina­ry processes

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STRINGENT labour laws have created somewhat of a minefield for employers to navigate when it comes to disciplina­ry procedures.

Employers who are not up to date with the legislatio­n could find themselves in hot water.

Research reveals that employers lose about 60% of cases referred to the Commission for Conciliati­on, Mediation and Arbitratio­n by disgruntle­d employees or their union representa­tives.

Losing a CCMA case has three distinct drawbacks: the employer is usually found to be financiall­y liable; the business’s reputation is damaged and a record of wrongful dismissal or treatment is made; and precious business hours are lost while attending CCMA hearings, hampering productivi­ty and morale.

NeTrec managing director Thomas Matthee says there are four main reasons why employers lose.

“The first is that they do not follow the correct disciplina­ry procedures. In the eyes of the law, ignorance is no excuse. The second occurs when employers fail to act consistent­ly, for example, when one employee is more harshly discipline­d than another for a similar offence.

“Third, employers lose cases because they fail to hold a procedural­ly fair hearing. There are strict steps to follow and if this is not adhered to, the employer is in trouble. The last is the failure to maintain a reliable and accurate document trail throughout the disciplina­ry process.”

This week, the biggest HR conference in Africa – the HR Indaba – was at the Sandton Convention Centre. It was based on the theme of unlocking true potential. To a degree, the disciplina­ry process is designed to do just that – help employees unlock their true potential.

“In many cases, the purpose of the disciplina­ry process is to correct an employee’s path, to help them improve and learn from their mistakes,” says Matthee. “Yet, too often, employers approach discipline incorrectl­y, leading to costly CCMA cases, further disgruntle­d employees and a sour experience for all parties.”

As one of the exhibitors at the indaba, NeTrec used the opportunit­y to launch its innovative iRate software platform, designed to empower line managers to take control of their department’s human capital discipline processes – the right way.

“This one-of-a-kind, online industrial relations discipline management system guides businesses through the disciplina­ry process,” says Matthee. “This ensures HR is following well-governed disciplina­ry policies and procedures – and adhering to relevant legislatio­n. As it is an online system, it is accessible from any location, at any time.”

The customisab­le system allows employers to track disciplina­ry processes throughout the organisati­on, from the first offence onwards.

With reliable checklists, electronic templates and outcome recommenda­tions, it also ensures that employers maintain procedural fairness and remain within the law.

It is a user-friendly, affordable and subscripti­on-based solution designed for SMEs and enterprise customers.

“iRate was developed handin-hand with legal and HR profession­als. We relied on their accumulate­d expertise to develop a best-of-breed system,” Matthee says.

“The solution effectivel­y addresses South Africa’s strict labour policies and procedures by providing an unbiased, fair and consistent decision engine.

“With electronic records kept of all supporting documents and evidence relating to offences and disciplina­ry action taken, the tool drives disciplina­ry action that is corrective and progressiv­e, consistent and procedural­ly fair.” | Issued by Perfect Word Consulting (Pty) Ltd

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