Author: Desiree Mabiza
Employee disciplinary proceedings are critical in maintaining workplace discipline and ensuring a fair and just working environment. However, these processes can sometimes be hindered by the dilatory conduct of the employee involved. This raises an important question: can an unpaid suspension be imposed on an employee due to such conduct?
Understanding dilatory conduct
Dilatory conduct refers to deliberate delays or actions by an employee aimed at prolonging disciplinary proceedings. This can include repeatedly missing hearings, failing to provide necessary documents on time, or engaging in tactics intended to frustrate the process. Such behaviour not only hampers the efficient resolution of disciplinary matters but also strains workplace relations and resources.
The legality of imposing an unpaid suspension for dilatory conduct hinges on several factors, including labour laws, employment contracts and the principles of natural justice.
- Labour laws: Different jurisdictions have varying labour laws governing disciplinary actions. In many regions, the labour code may not explicitly address unpaid suspensions for dilatory conduct, necessitating a case-by-case interpretation by labour courts or tribunals.
- Employment contracts: Employment contracts and company policies often outline the disciplinary measures available to employers. If the contract includes provisions for unpaid suspensions in cases of misconduct, including dilatory behaviour, then imposing such a suspension is more straightforward.
- Natural justice and fairness: Any disciplinary action must adhere to the principles of natural justice and fairness. This means the employee must be given adequate notice, a fair hearing and the opportunity to present their case. The employer must ensure that the suspension is proportionate to the conduct and not an arbitrary or punitive measure.
To ensure that unpaid suspensions for dilatory conduct are legally sound and fair, employers should consider the following best practices:
- Clear policies: Develop and communicate clear policies regarding disciplinary procedures and the consequences of dilatory conduct, including the possibility of unpaid suspension.
- Continual documentation: Maintain thorough records of all communications and actions related to the disciplinary proceedings. This documentation can be crucial if the decision is challenged.
- Progressive discipline: Implement a progressive discipline approach, giving employees opportunities to correct their behaviour before imposing harsher penalties like unpaid suspension.
While imposing an unpaid suspension for an employee’s dilatory conduct during disciplinary proceedings can be a viable option, it must be approached with caution and fairness. Employers should ensure that their actions are legally justified, proportionate, and in line with both statutory requirements and the principles of natural justice. By doing so, they can maintain the integrity of the disciplinary process and uphold a fair and orderly workplace.
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