Dealing with theft in the work place
Dealing with theft in the work place
Dealing with theft in the work place must be done correctly as employees know their rights and must be dealt with by following correct procedures for the act of misconduct in question.
Following the wrong procedure will eventually result in losing a case at the CCMA. There is a general perception that the CCMA are not totally impartial, and despite following a fair procedure, and dismissing for a fair reason, the Commission still rules in favour of the employee.
Even though there is a good reason for dismissal, an employer is still required to follow a fair procedure which includes providing the employee with the opportunity to state his case. Irrespective of the evidence against an employee i.e. eye witnesses, surveillance cameras etc. employers should realise that a dismissal without following correct processing will be in favour of the employee.
Employers often act in the heat of the moment and proceed with an immediate dismissal without following a fair procedure. Should that employee in these circumstances refer a dispute to the CCMA it is almost guaranteed that the employer will lose the case because they did not follow the right procedure.
Managers and HR departments should be made aware of the rules and regulations of the company and they should understand the fact that not all dismissals are necessarily unfair. Often employers have all the policies and procedures in place but they fail to follow their own procedures.
Even at a point where employers feel confident that they have enough evidence to proceed with a dismissal, the employee should still receive a fair chance to state his case.
Procedures such as a notice of disciplinary hearing where the employer informs the employee of the charges against him/her, allowing the employee enough time to prepare for the allegations against him/her etc. Employers cannot prevent employees going to the CCMA, they need to accept and understand the fact that these institutions are easily accessible as well as free of charge.
To make sure you have the correct procedures and protocols in place, Master Human Resource Services provides a complete HR solution to prevent your business from making mistakes when dealing with misconduct. Should you only require our services part time, we have packages specifically designed to cater for your businesses needs. Contact us if you have any questions.
www.masterhumanresources.co.za
