TOP TWO MISCONDUCT AND HOW TO HANDLE IT by Christo Bester

Labour relations in the workplace is a challenge for many employers.  The employer has the right, however, to exercise control in the workplace by implementing rules and applying discipline.  There are different types of misconduct in the workplace, but the following two offenses can be singled out as more common, especially in the agricultural sector:

1. Absenteeism

It is the employee’s duty to render services according the agreed upon working hours required by the employer.  Absenteeism also includes late arrival, leaving early, unauthorised breaks, prolonged breaks, hypocritical illness, and other unexplained absences from the work station or premises.

How to handle it:

• Discuss the absence with the offender during an interview and write down what is said
• The employee must prove that the absence was justifiable
• The employee may give reasons for the absence, but even if it is a valid reason it can still be unacceptable – apply the disciplinary code
• The most difficult form of absence to deal with, is when an employee does not report for duty at all. The employee has a duty to inform the employer of his/her absence – it is very rare that there is no way whatsoever that the employee can let the employer know.  There is also an obligation on the employer to inform the employee of his/her absence and that it is without permission

2. Under the influence

Alcohol use affect an employee’s vision, speech, coordination, and reaction speed.  Employees who operate machinery or drive vehicles whilst under the influence, pose a high risk for the employer, themselves, and also co-workers.  There is an obligation on the employer to create a safe working environment for all employees.

How to handle it:

• Call the employee aside and ensure a witness is present
• Determine if the employee is under the influence:
  • employees can only be subjected to alcohol testing during working hours, if it is so contained in their employment contracts or in an alcohol policy, or if the employee gives his/her consent – use an alcohol testing device, or have a medical practitioner take blood tests to determine the employee’s blood alcohol level
  • record the employee’s behaviour and appearance – put it in writing and ask witnesses to record their observations as well. Note that when an employee smells like alcohol it does not necessarily mean that the employee is under the influence
• Send the employee preferably home for the day, without pay
• Take disciplinary steps according to the disciplinary code

Each workplace must have a relevant disciplinary code with clear rules (and applicable sanctions) for employees to follow.  When employees break the rules, the employer can act.