Published by Jalil
Posted on 26/11/2021
The existence of a disciplinary committee is essential as per the Workers’ Rights Act 2019 to help an employee answer to any charge against him or her. The charge might range from a varied list of reasons but they most of the time have to do with alleged misconduct or poor performance.
The disciplinary committee is usually headed by a president who takes the final decision about an issue after consulting with the other members that made up the committee. There are usually 3 persons who make up the disciplinary committee and they are called upon to deal with issues in the workplace that relate to employee disciplinary actions.
An employer has the right to terminate an employee based on the latter’s alleged misconduct or misbehavior. However, the following grounds should be respected:
– The employee should have been notified of the charge made against him or her within 10 days of becoming aware of the alleged misconduct.
– The employee has been given the chance to answer to the charges held against him or her.
– The employee has been given at least 7 days’ notice to answer to the charge against him or her.
– If the employer has no other choice than to take disciplinary actions.
– The decision of the committee should be implemented 7 days after the worker has answered to the charge and not later.
Employees can be terminated due to poor performance provided that:
– The worker has been given the opportunity to answer the charge.
– The worker has been given at least 7 days’ notice to answer to the charge.
– The employer is obliged to take this decision and has no other choice.
– The termination is effected within 7 days of the hearing.
An employer may be liable to pay several allowances to an employee if ever the employee agreement has been terminated without the latter having an opportunity to answer to the charge made against him or her.
Severance allowance is however not payable if the employee has been with the company for less than one year. The amount that is due to be paid is as follows:
– 3 months’ remuneration per year of service, and
– Pro rata for any additional period less than 12 months.
Get in touch with the experts at Zenith Consultancy for setting up a disciplinary committee and to assist you with the process of taking disciplinary action and proceedings.