• A guidebook for the practising manager and supervisor.
• Explains concisely the law of unfair dismissal, and the principles and processes underlying the management of misconduct and incapacity.
• Contains flowcharts, checklists, evaluation lists and other procedural guidelines.
• An accompanying CD contains checklists, forms and disciplinary hearing notices, in downloadable form, as well as the full text of Codes of Good Practice.
• This publication is concise, authoritative and comprehensive, and simple to follow and use.
• It focuses on the neglected but critical role of the employer’s representative at the disciplinary hearing
• It assists employee representatives in their preparation
• It helps chairpersons in their decision-making and representatives at arbitration with their case preparation.

Chapter 1 The law of unfair dismissal – in a nutshell

Chapter 2 The disciplinary process

Chapter 3 Dismissal for misconduct

Chapter 4 Dismissal for incapacity (poor performance)

Chapter 5 Dismissal for incapacity (ill health)

Chapter 6 Arbitration

CONTENTS OF THE CD

A.      Documents referred to and illustrated in the book, at pages indicated:

• Arbitration Checklist (p 59)
• Assessment Form: Initiator (p 29)
• Assessment Rating: Initiator (p 33)
• Assessment Form: Chairperson (p 35)
• Assessment Rating: Chairperson (p 39)
• Certificate of Service (p 26)
• Checklist: Poor Work Performance (p 43)
• Counselling Process: Poor Work Performance (p 45)
• Employee’s Continued Suitability, Determining (p 42)
• Disciplinary Hearing, Conducting (p 18)
• Disciplinary Hearing, Administration after (p 25)
• Dismissal  for  Incapacity: Fairness (p 41)
• Dismissal  for  Misconduct: Fairness (p 10)
• Incapacity Hearing: Poor Work Performance (p 48)
• Outcome of the Hearing (p 50)
• Standard  Investigation  Form (p 12)
• Statement: Alleged Transgressor’s  (p 15)
• Statement: Witness’s  (p 14)

B.      Disciplinary Hearing Notices:

• Appeal Form (to be handed to the employee found guilty during a disciplinary hearing)
• Desertion Notice
• Finding of Appeal Hearing (after Appeal Hearing, which follows interview or hearing)
• Grievance Form 1 (employee’s voluntary written statement)
• Grievance Form 2 (grievance investigation/hearing)
• Notice of Appeal Hearing
• Notice to Attend a Disciplinary Hearing/Interview
• Notice to Witness (requesting to attend a disciplinary hearing)
• Suspension Pending Completion of Disciplinary Investigation (if appropriate during the investigation, to be handed to the employee)

C.            Codes of Good Practice:

• Disability in the Workplace
• Dismissals
• Aspects of HIV/Aids Employment
• Operational Requirements
• Picketing
• Pregnancy and After Birth
• Sexual harassment

Barney Jordaan holds a BA LLB and LLD and is an attorney. He was professor of law at Stellenbosch University until 1997, when he left the university to practice full-time as a labour law and industrial relations specialist. He is currently visiting professor at the Graduate Schools of Business of both the University of Cape Town and Stellenbosch University, where he teaches on the MBA, management development and other programmes. He serves on the arbitration and mediation panels of Tokiso Dispute Settlement as well as the conciliation and arbitration panels of a number of Bargaining Councils in both the public and private sectors. He was a part-time senior commissioner of the Commission for Conciliation, Mediation and Arbitration (CCMA) until December 1999. He is a director and founder member of Jordaan Stander (Pty) Ltd.

“This book could not have come at a better time. Many practitioners, especially representatives of big organisations, are constantly faced with burgeoning workloads. The practical guidelines, checklists and forms in the book are certainly a big help. As a reference tool, this book will greatly reduce employment disputes.”

Kaizer Moyane (Chief Consultant: IR, Sanlam)