Checklists for Employers

1. Employee Relations Management Risk Checklist 101

i. Do you have the appropriate employee appointment documentation in place?

  • Employment contract terms depend on the type of employment & job levels within your business
  • BCEA legislation requires employers at the very least to issue staff with “written particulars of employment” (containing the basic elements of their employment) – are you compliant?

ii. Do you have an effective Leave Policy & Procedure in place?

  • Because BCEA legislation provides for & entitles staff to various kinds of statutory leave rights, it’s vital to have a policy in place that regulates & manages staff leave requests and outlines applicable parameters to support the operations of your business

iii. Do you have an appropriate Disciplinary Policy & Code of Conduct in place?

  • Because ‘misconduct’ dismissals remain the most common type of ‘unfair dismissal’ disputes that are adjudicated by employment tribunals like the CCMA, it is necessary to ensure that staff are aware of your organization’s approach towards different kinds of workplace offences & applicable punishments, including the fair management of disciplinary issues.

iv. Do you formulate appropriate Job Descriptions & Performance Criteria for positions?

  • The quality of work and effective staff output/delivery of services often forms the backbone of any business – the starting point for effective performance management is establishing upfront job descriptions & applicable assessment criteria for staff positions

v. Do you have an appropriate Performance Evaluation & Assessment system in place?

  • It’s vital to adopt a methodical & consistent approach towards assessing & evaluating staff performance and to entrench a distinction between ‘probationary’ staff’ & ‘non-probationary’ staff – applying an overall systematic process that also caters for effective staff feedback and performance improvement support, depending on job levels.

vi. Do you have an appropriate Health Management Policy & Procedure in place?

  • Dealing with staff illness, sick leave absence and medical incapacity situations is a common occurrence within any business – following compulsory investigative and consultative process steps becomes an essential compliance aspect which can be effectively supported through adopting & implementing an appropriate Health Management Policy & Procedure for your workplace/s. 

vii. Do you have a basic Grievance Policy & Procedure in place?

  • Many employers underestimate the value of implementing a Grievance Policy & Procedure into their organizational structure – this becomes an essential support mechanism to manage & seek to resolve employee complaints/disputes, before those issues potentially escalate and possibly end up being referred by aggrieved staff members to external employment dispute tribunals, such as the CCMA.

2. What Should Any Small/Medium Business Have in Place For Employee Relations Management?

a) Employee Appointment documents

  • Letters of Employment & Employee Information forms.

b) Leave Management Admin

  • Annual Leave & Sick Leave Application doc’s; and
  • Leave policy that establishes leave application & approval
  • Desertion Notice forms

c) Disciplinary Management

  • Disc Code of Conduct & Graded Warnings/Counselling forms.
  • Disc Policy & Procedure

d) Performance Management

  • Probation Assessment forms & non-probation evaluation forms
  • JD’s & KPI’s for higher level or key staff

e) Health Management

  • Investigation & Health Inquiry forms

f) Staff Exit Administration

  • UI-19 Form & Certificate of Service forms
  • Dismissal letter forms [disc/performance]

Frequently asked questions

Probation is an initial trial period of employment, to assess the new employee’s capabilities for the position & suitability for continued employment – there is no specific period prescribed by law, but common periods range from 3 to 6 months.

Temporary employment is of limited duration and is often based on a fixed term period of employment, but is regulated by legislation that may restrict it to 3 months if the employee earns below an annual wage threshold, unless there is a justifiable reason to exceed 3 months, such as a building project period or task-based work.

This depends on the job level. The Basic Conditions of Employment legislation obliges employers to issue all staff with “Written Particulars of Employment”, which can be achieved through a Letter of Appointment or Employment Contract, depending on the job role or employment position.

  • Checklists for Employers

    1. Employee Relations Management Risk Checklist 101

    i. Do you have the appropriate employee appointment documentation in place?

    • Employment contract terms depend on the type of employment & job levels within your business
    • BCEA legislation requires employers at the very least to issue staff with “written particulars of employment” (containing the basic elements of their employment) – are you compliant?

    ii. Do you have an effective Leave Policy & Procedure in place?

    • Because BCEA legislation provides for & entitles staff to various kinds of statutory leave rights, it’s vital to have a policy in place that regulates & manages staff leave requests and outlines applicable parameters to support the operations of your business

    iii. Do you have an appropriate Disciplinary Policy & Code of Conduct in place?

    • Because ‘misconduct’ dismissals remain the most common type of ‘unfair dismissal’ disputes that are adjudicated by employment tribunals like the CCMA, it is necessary to ensure that staff are aware of your organization’s approach towards different kinds of workplace offences & applicable punishments, including the fair management of disciplinary issues.

    iv. Do you formulate appropriate Job Descriptions & Performance Criteria for positions?

    • The quality of work and effective staff output/delivery of services often forms the backbone of any business – the starting point for effective performance management is establishing upfront job descriptions & applicable assessment criteria for staff positions

    v. Do you have an appropriate Performance Evaluation & Assessment system in place?

    • It’s vital to adopt a methodical & consistent approach towards assessing & evaluating staff performance and to entrench a distinction between ‘probationary’ staff’ & ‘non-probationary’ staff – applying an overall systematic process that also caters for effective staff feedback and performance improvement support, depending on job levels.

    vi. Do you have an appropriate Health Management Policy & Procedure in place?

    • Dealing with staff illness, sick leave absence and medical incapacity situations is a common occurrence within any business – following compulsory investigative and consultative process steps becomes an essential compliance aspect which can be effectively supported through adopting & implementing an appropriate Health Management Policy & Procedure for your workplace/s. 

    vii. Do you have a basic Grievance Policy & Procedure in place?

    • Many employers underestimate the value of implementing a Grievance Policy & Procedure into their organizational structure – this becomes an essential support mechanism to manage & seek to resolve employee complaints/disputes, before those issues potentially escalate and possibly end up being referred by aggrieved staff members to external employment dispute tribunals, such as the CCMA.

    2. What Should Any Small/Medium Business Have in Place For Employee Relations Management?

    a) Employee Appointment documents

    • Letters of Employment & Employee Information forms.

    b) Leave Management Admin

    • Annual Leave & Sick Leave Application doc’s; and
    • Leave policy that establishes leave application & approval
    • Desertion Notice forms

    c) Disciplinary Management

    • Disc Code of Conduct & Graded Warnings/Counselling forms.
    • Disc Policy & Procedure

    d) Performance Management

    • Probation Assessment forms & non-probation evaluation forms
    • JD’s & KPI’s for higher level or key staff

    e) Health Management

    • Investigation & Health Inquiry forms

    f) Staff Exit Administration

    • UI-19 Form & Certificate of Service forms
    • Dismissal letter forms [disc/performance]