What process should I follow when disciplining a shop steward?
Disciplining and dismissals are never easy. So, make sure you know the correct protocol for the process, otherwise, you’ll be adding an extra layer of stress onto the situation.
All employers should adopt disciplinary rules that establish the company’s code of conduct for their employees. When these rules are broken, employers are warranted in correcting misconduct through a system of graduated measures, such as counselling and warnings. Repeated misconduct can often lead to dismissals.
Shop stewards are the best example of an employee having divided loyalties. So, what is the process of discipline and dismissal when it comes to these trade union representatives?
As employees they are subject to the usual disciplinary rules of the employer, which can sometimes conflict with their functions as shop stewards - there is a fine line between misconduct and fulfilling their mandate. If a shop steward does, however, go beyond the acceptable bounds of conduct in fulfilling their duties, they can be disciplined and dismissed for misconduct.
Schedule 8 in the Code of Good Practice puts forward guidelines to follow when considering the dismissal of a trade union representative or an employee who is an office-bearer or official of a trade union. It states: Discipline should not be instituted without first informing and consulting the trade union. And, prior to dismissal, the trade union official needs to be contacted about the course of action you intend to adopt with the shop steward.
If you do not get in touch with the trade union, the disciplinary action or dismissal will be seen as procedurally incorrect. So, make sure to follow the correct procedure in order to reduce further stress.
As an associated member of an accredited employer’s organization, we can offer you as APBCO client the full spectrum of industrial-related and human resource solutions such as industry-specific and compliant contracts, performance management, workplace discipline, dispute resolution, and so much more.
For more information on this matter, please feel free to reach out today.
#labourexcel #labourlaw #law #attorney #labourlawyer #hroutsourcing #humanresourcesservices #shopsteward #disciplinaryprocedures