Can disciplinary hearings and CCMA action be drastically reduced?

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Effective performance management can reduce disciplinary hearings. However, many
managers are managers in name only and have no idea what is involved, what they
should be doing or how to do it, especially when it comes to creating a productive
workforce.


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I believe we can do away with unnecessary and avoidable disciplinary action and
resulting CCMA actions if managers and supervisors start doing their job right.
Many disciplinary hearings relate employee failing to perform at an acceptable
level and if this failure persists it normally ends up in a disciplinary hearing and
eventually the dismissal of the employee. This trend can be controlled and in fact
removed totally when managers face up to their obligation of managing performance.

The problem however is that many managers do not know how to manage
performance on the one hand and do not know what performance to manage on the
other. Many managers are managers in name only and have no idea what is involved,
what they should be doing or how to do it.
Every employee should have a job profile that outlines what is expected of him or
her. In relation to this profile a set of Key Performance Areas (KPA) should be
established following in depth discussion with the manager. As a result of the
establishment of KPA?s a set of "SMART' Goals should be drawn up and agreed to by
the manager.

SMART is the Acronym for - Specific, Measurable, Achievable, Relevant and time
related. Once these steps have been followed then it is the manager?s responsibility
to manage the employee in relation to the KPA?s and the agreed goals. On this basis
the manager and subordinate know where they stand and what is expected of each.

Requirements of the Labour Relations Act of 1995
The Labour Relations Act 1995 gives specific guidelines for handling poor
performance. In terms of these guidelines, the employee should
Be clearly advised of the required standards
Be given appropriate evaluation, instruction, training, guidance or counselling

Be allowed a reasonable period of time to show improvement in performance.

(In terms of this it is advisable to introduce some form of Performance Contract as
this will be an invaluable tool to assist.)
Should the employee continue to perform below standard, the manager should:

Investigate the reasons for the poor performance
Hold a review session where the employee can explain his/her case.

Consider ways, short of termination of service, to remedy the matter.

If these actions do not resolve the problem, the manager may, if appropriate,
terminate the services of the employee. Following standard disciplinary process and
procedures
Dealing with unacceptable performance
Unfortunately there will be times when an employee?s performance cannot be
corrected at the coaching or counselling stage. You will then find you have to take
corrective action.
The action taken or to be taken cannot be left until the appraisal or review
meeting as any performance issues must be dealt with immediately.
There are four phases you should consider
Phase 1: Performance Discussion
Phase 2: Improvement Plan and Monitoring plan
Phase 3: Performance Improvement Review
Phase 4: Final Review
Remember that any action taken must be appropriate and within the constraints
of labour legislation.

Solutions to problems are like keys to locks - they will not work if they do not fit.
If the chosen solution is not the right one then the performance problem will not be
solved.

Performance management is about deciding on action to be taken in order to
improve the overall performance of the employee. It is a process designed and
intended to assist in
Managing the performance of employees effectively
Improve managerial effectiveness
Improve and enhance long term productivity
Molding individuals into a team
In addition a performance management system provides for the assessment of
work performance of staff members on a regular basis. It is aimed at enabling
management to
Ensure workers are motivated and satisfied with their specific jobs by relating
job performance to job descriptions, job objectives, personal goals and objectives as
well as to future plans
Develop each worker in terms of his or her potential in terms of strengths,
weaknesses, personal objectives and the opportunities available in the
organisation
Performance appraisal is the assessment of the work done and the role played by
an employee during a given period of service followed by an assessment of his or her
potential for the future.
Recognise limits or ceilings of capacity, ability and/or inclination in workers as
far as specific development areas are concerned
Reward workers fairly in terms of the contributions they make by measuring
their output against the requirements and objectives of their specific jobs
Performance appraisal should I believe be a review of what has happened during
the year related to the KPA?s and the agreed goals. In addition it affords both parties
an opportunity of discussing areas of poor performance dealt with during the
specified periods and affords the manager an opportunity for recognising
improvement, offering praise and or reinforcing ongoing remedial action, mentoring
and support.

Once performance management and performance appraisals become something to
be looked forward to and are seen to be constructive and for the empowerment and
up-skilling of the employee they will become a motivational tool for the benefit of all.

Handled correctly performance will improve, credibility of management will be
enhanced, trust levels will improve and staff retention will increase.
When performance is managed correctly the need for disciplinary action is
reduced and companies will save substantially on CCMA action and awards.
Des Squire (Managing member)
AMSI and Associates cc
[email protected]

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