By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Contact: (011) 888-7944 / 082 852 2973, or email ivan@labourlawadvice.co.za. Visit: www.labourlawadvice.co.za.
Many employers make the mistake of delaying disciplinary action against employees for misconduct. This might seem like a minor issue at first, but it can have significant consequences. Failing to discipline employees in a timely manner not only undermines the seriousness of the offense but also risks losing valuable evidence over time. As the delay increases, the chances of important details being forgotten, or witnesses leaving the company, rise. Additionally, critical documents and video evidence could be misplaced or destroyed, weakening the employer’s ability to build a strong case.
The Importance of Acting Quickly
Employers who delay charging employees may find it much harder to justify dismissal if the case goes to a hearing. This is because the perceived severity of the misconduct can diminish the longer the employer waits to take action. In some cases, arbitrators may even rule that the misconduct no longer justifies dismissal if the employer’s actions imply that the issue was not urgent or critical.
For example, witnesses might forget crucial details or provide conflicting testimony due to the passage of time. Memories fade, and as they do, the strength of the employer’s argument weakens. Worse yet, former employees who served as witnesses could leave the company, making them difficult or impossible to track down later. Similarly, electronic evidence like emails, surveillance footage, and digital records could be overwritten or lost if the employer waits too long to take action. All of this puts the employer at a disadvantage and can lead to costly outcomes.
The Case of Ms. Dias: What Happens When You Wait Too Long
In the case of IMATU obo Dias (Case number C487/2021), Ms. Dias was accused of bypassing the water meter on her property, which had been installed by her employer. Although this was considered a serious offense, she was only charged five years after the alleged incident took place.
By that time, she had flatly denied being responsible for tampering with the water meter. Unfortunately for the employer, they were unable to produce any solid evidence proving that Ms. Dias had committed the offense. The Labour Court ruled in Ms. Dias’s favour, ordering the employer to reinstate her and pay her four years’ worth of back pay for the time she had been unemployed after being dismissed.
This case highlights the dangers of delayed disciplinary action. If the employer had acted swiftly, they might have been able to gather sufficient evidence to justify the dismissal. Instead, by waiting too long, they lost the opportunity to prove their case, resulting in a costly ruling against them.
Practical Solutions: Training Your Managers to Act Fast
To prevent issues like this from occurring, it’s essential for employers to provide their managers with the tools and knowledge they need to act swiftly and effectively when dealing with misconduct. One way to achieve this is through accessible and engaging training.
The WALKING THE LABOUR LAW TIGHTROPE video series is designed specifically for this purpose. It provides managers with 48 chapters of practical labour law training, each averaging 10 minutes in length. This means managers can easily fit the training into their busy schedules, watching chapters when they have time. The video series uses a stimulating animated case study that runs throughout all the chapters, making the content more engaging and easier to understand.
Each chapter offers clear, actionable advice on a wide range of labour law topics, helping managers learn the basics and avoid costly legal pitfalls. The video series covers everything from how to conduct fair disciplinary hearings to understanding workplace rights and obligations under South African law.
Flexible and Ongoing Learning
Another key advantage of this video series is that managers can go back and review any of the videos as needed. For a full year, they’ll have access to the entire series, which means they can use it for refresher training or quickly look up how to handle specific workplace issues when they arise. This solves the common problem of forgetting what was learned during traditional training sessions. By providing on-demand access to this critical information, employers ensure their managers have the knowledge they need to address problems promptly and effectively.
By using this training tool, employers can equip their managers to walk the delicate “labour law tightrope” with confidence. This can lead to a more productive, legally compliant workplace, where managers know how to act swiftly to discipline employees without overstepping legal boundaries.
Take Action Now
If you’re interested in providing your managers with a simple, cost-effective way to learn about labour law and handle workplace misconduct appropriately, the WALKING THE LABOUR LAW TIGHTROPE video series could be the solution you’re looking for. It allows your management team to gain vital skills at their own pace, ensuring that they’re ready to manage misconduct cases without delay.
For more information on the series, visit www.labourlawvideos.co.za or contact Ivan Israelstam at ivan@labourlawadvice.co.za.
