Employers who do not keep detailed records of disciplinary action taken against employees for misconduct, including the action taken and sanctions imposed, take a huge risk. Time and time again, it has been shown just how vital proper record keeping is in regard to coming out on top at the CCMA.
Schedule 8 – the Code of Good Practice – Dismissal requires that the employers must keep records of all disciplinary action taken against employees, the reason for it, and the outcome of that disciplinary action. The chairperson of a disciplinary hearing cannot apply his mind properly to the problem if there is no record of alleged previous disciplinary actions against the employee. Obviously, the employee with a clean disciplinary record is the exception – there is no record to consider.
Such an employer goes to the CCMA with very little ammunition – and his case turns out to be rather something of a damp squib. There can be no doubt that meticulous record-keeping and proper preparation is 90% of the battle in CCMA matters.
Poor record-keeping can result in only one thing – sloppy preparation. And in such circumstances, you have lost before you even start” – Labour Guide
NewG Consulting will be able to guide you to ensure all records are in place.