Scenarios
Labourteq™ will support you not only in transitioning ER into the digital space, but also in boosting constructive and fair engagement with employees, and reducing risks and costs.
THE HR DILEMMA:
Company X operates in the professional services industry. Following CCMA arbitration proceedings, the company was ordered to pay six (6) months’ compensation to a manager whose annual salary was R800,000. The manager was dismissed for an offence for which other employees in the company had received Final Written Warnings under similar circumstances. The CCMA ruled the dismissal as unfair based on inconsistent application of the company’s disciplinary code.
THE LABOURTEQ™ DIFFERENCE:
The Labourteq™ solution operates from the basis of YOUR disciplinary code. Alternatively, you can use Labourteq™’s comprehensive disciplinary code.
Either way, the following steps will be rolled out:
- The line manager will automatically be directed to the most appropriate workflow and sanction based on the embedded disciplinary code.
- The HR Executive will be alerted in real-time to a potential code deviation and will be able to intervene proactively, if needed.
THE IMPROVED OUTCOME:
Had company X acted consistently using Labourteq™, they could have saved themselves R400,000 in compensation costs and legal representation fees, not to mention management time which could have been spent more productively on clients or customers.
THE HR DILEMMA:
In Company Y, in the construction industry, an allegation of sexual harassment was made against a supervisor. The company paid the victim an amount of R300,000 to privately settle the case, to avoid further legal costs and possible reputational risk. The alleged perpetrator was dismissed. Subsequently, this employee took the matter to the Labour Court which found that the investigation process was flawed and that due disciplinary process was not initiated against the alleged perpetrator. It was also found that the unfortunate outcome originated with the dismissed employee’s line manager who was not skilled in ER matters, resulting in a negative impact on the entire team and several weeks of stalled productivity.
THE LABOURTEQ™ DIFFERENCE:
Labourteq™ empowers line management by:
- Guiding them through the disciplinary process step by step,
- Enabling them to decide whether an informal discussion or a formal hearing is required,
- Providing guidance and talking points for difficult conversations,
- Providing compliant documents that are generated automatically,
- Allowing for the appointment of an independent investigator and hearing chairperson.
THE IMPROVED OUTCOME / THE SPECIFIC RECOMMENDATION:
In the case of Company Y, Labourteq™ could have been an invaluable, secure management tool to assist and upskill managers to deal decisively and fairly with alleged misconduct.
THE HR DILEMMA:
Company Z, in the telecommunication industry, recently appointed a technician whose manager soon realised he lacked the necessary skills to do his job. Various counselling sessions were held, but nothing was documented. One day he made a serious error and the manager informed him that he had been dismissed for ongoing poor performance. At a CCMA Conciliation proceeding, the IR manager settled the case by offering three (3) months’ compensation. The employer had no written record of the process followed to address the poor performance and the resultant dismissal. The manager has since left the company.
THE LABOURTEQ™ DIFFERENCE:
The Labourteq™ solution will:
- Enable the relevant role players to identify the reasons for perceived poor performance and then guide them, either through a counselling process or by documenting a formal Performance Improvement Plan (PIP).
- Prior to the dismissal option, guide the manager to institute an incapacity hearing.
- Allow for a full case history to be printed at the click of a button, should a CCMA matter be referred.
THE IMPROVED OUTCOME:
Using Labourteq, Company Z could have avoided paying settlement costs to an incompetent ex-employee as they would have been guided step-by-step to ensure procedural fairness. A full case record would be available to support their defence.