5Penalties in the DSOral warning First written warning Final written warning Suspension without pay Demotion or downgrading DismissalAll these penalties must be applied only when the employer is satisfied that the worker is guilty of misconduct.So, facts related to the workers wrongdoings must be checked out first.
6When drafting the terms & conditions of employment, employers need to consider including a clause setting out the penalties that may be imposed in case the employee is guilty of misconduct.
7How to deal with problematic employees? Transfer of employees;A lateral move to a different department or sectionRelocation to a different placeAn internal move to a different job at the same level.A move from one organisation to another organisation within a group of companies.
8Does the employer have the right to transfer employees? Yes!However, it must be for business reasons and not the detriment of the employee.Normally, the cost of transfer is on the employer.
9Promotion of employees Promotion is the re-assignment of an employee to a job at a higher level in the organisation.
10Handling grievance Grievance = dissatisfied + unproductive worker List 5 causes of employee grievance;
11What causes grievance? Broken promises by the employers Inequitable pay & benefitsSexual harrassmentDangerous / uncomfortable working environmentsUnfair disciplinary actions
12How to handle grievance? Must be settled ASAPA time limit may helpManagers must remain cool and calmListening skills is importantTake the proper action!
16Voluntary termination of employment Voluntary = resign on his/her own decision.Reasons for resignation?
17Why do people resign? Returning to studies ResignationEmigrationStarting own businessReturning to studiesStaying home to look after dependantsJoining another organisation
18ResignationEmployees must give written notice of his intention to resignThe Act makes it clear that notice shall be;> 4 weeks, if the worker has worked < 2years> 6 weeks, if worker has worked > 2 years> 8 weeks, if worker has worked > 5 years.Applies to both employer & employee
21Employers CANNOT simply dismiss workers as they please.
22However, Employers may; Dismiss without notice, Downgrade, Impose any other lesser punishment as they deem fit and just,After investigations of misconduct by the employee.
23DismissalWorker files written claim at nearest Industrial Relations Dept. within 60 days of dismissalMeeting(s) held between employee and the ex-employer, facilitated by an officer of the Industrial Relations Dept.Dispute is settled when employer reinstates employee, or employee withdraws claim or employer agrees to pay compensation to employee for loss of employment,ORBring forward to the Industrial Court