Essential Checklist for Business Owners & Managers

1. Why Should Employers Have an Employee Grievance Policy?

  1. A GPP risk manages the resolution of workplace issues – before it reaches the CCMA/BC.
  2. A GPP sometimes exposes other underlying problems that Management isn’t aware of.
  3. Providing for a Grievance process helps to maintain staff communication channels.
  4. Providing a Grievance process can help employees improve their workplace experience.
  5. Providing a Grievance process often supports fostering workplace relationships.

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]

3. As an Employer, how do I decide on the right employment contract for staff?

  • First look at what kind of employment your business makes use of:
    • Full-time/permanent employment?
    • Part-time employment?
    • Temporary (fixed term) employment? 
  • Then, look at the level of staff appointments:
    • Office/admin staff?
    • “Blue collar”/factory staff?
    • Managerial/High Level staff? 

4. What should any basic employment contract contain?

At a minimum, a basic employment contract should at least deal with 10 aspects:

  1. Job role & main duties.
  2. Daily hours & working days.
  3. Salary package & pay cycle.
  4. Workplace & Direct report line.
  5. Termination Notice period.
  6. Annual leave period.       
  7. Start Date.
  8. Applicable Bargaining Council?
  9. Probation period?
  10. Overtime required?

5. Five additional aspects to include in a Managerial employment contract.

At a minimum, a key staff employment contract should at least cater for:

  1. Confidentiality obligations; and
  2. Non-solicitation obligations; and
  3. Assignment of IP invention rights; and
  4. Key Performance Criteria; and
  5. Restraint of Trade obligations (where appropriate)

Frequently asked questions

This is a misguided assumption. Using a system of graded warnings (first/second/third) usually applies to lesser forms of misconduct, and there is no ‘one set formula’, which is why it’s useful to implement a disciplinary code of conduct. Cases of serious misconduct may warrant an immediate final written warning or dismissal, depending on the gravity of the actual disciplinary offence.

A Disciplinary Code of Conduct is a chart that sets out a list of various kinds of workplace offences, together with the applicable (recommended) disciplinary punishment for each kind of workplace offence – but the Code needs to be reasonable, plus it should reflect a system of graded punishments, based on the progressive or corrective discipline model, so that repeated minor offences are corrected with warnings/counselling, but more serious offences attract final written warnings/dismissal.

There are 2 kinds of “suspension from duty” scenarios: One is “interim suspension” (usually with pay), where there is a justifiable reason to suspend an employee, pending the outcome of a disciplinary investigation or disciplinary hearing; the other kind is where an employee is suspended for a period of time as a form of disciplinary punishment (usually without pay), this is open to being challenged as an “Unfair Labour Practice”, so it would need to be justified.

In cases of serious misconduct, if justified, a ‘summary dismissal’ simply means dismissing an employee (terminating employment) without giving any notice, so the dismissal takes immediate effect, but termination must still be preceded by a fair pre-termination process, such as a disciplinary hearing.

The absence of an employee’s signature of receipt does not invalidate a written warning. A ‘signature’ (in whatever form) is merely evidence of receipt, so employers can “issue” warnings to employees via email and/or via phone texts, but it would generally be safer to get some kind of acknowledgment or proof that the employee received or had access to the written warning.

  • Essential Checklist for Business Owners & Managers

    1. Why Should Employers Have an Employee Grievance Policy?

    1. A GPP risk manages the resolution of workplace issues – before it reaches the CCMA/BC.
    2. A GPP sometimes exposes other underlying problems that Management isn’t aware of.
    3. Providing for a Grievance process helps to maintain staff communication channels.
    4. Providing a Grievance process can help employees improve their workplace experience.
    5. Providing a Grievance process often supports fostering workplace relationships.

    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]

    3. As an Employer, how do I decide on the right employment contract for staff?

    • First look at what kind of employment your business makes use of:
      • Full-time/permanent employment?
      • Part-time employment?
      • Temporary (fixed term) employment? 
    • Then, look at the level of staff appointments:
      • Office/admin staff?
      • “Blue collar”/factory staff?
      • Managerial/High Level staff? 

    4. What should any basic employment contract contain?

    At a minimum, a basic employment contract should at least deal with 10 aspects:

    1. Job role & main duties.
    2. Daily hours & working days.
    3. Salary package & pay cycle.
    4. Workplace & Direct report line.
    5. Termination Notice period.
    6. Annual leave period.       
    7. Start Date.
    8. Applicable Bargaining Council?
    9. Probation period?
    10. Overtime required?

    5. Five additional aspects to include in a Managerial employment contract.

    At a minimum, a key staff employment contract should at least cater for:

    1. Confidentiality obligations; and
    2. Non-solicitation obligations; and
    3. Assignment of IP invention rights; and
    4. Key Performance Criteria; and
    5. Restraint of Trade obligations (where appropriate)