CONSULTATIONS

Consultations necessitate open and honest two-way discussions between employers and employees. Consultations is a powerful tool that employers can use to establish a productive and positive working environment as employees will realise that the employer is prepared to listen to constructive suggestions. Involving employees in decision making also ensures that employees have a better understanding of the employer’s operational requirements and how sustainability can affect job security for the employees.

There are three types of consultation in the workplace:

CONSULTATION TYPE 1: REGULAR CONSULTATIONS WITH EMPLOYEES

Regular formal or informal consultations with employees, individually or in a group, create a platform for employees to voice their thoughts and ideas, as well as to discuss any specific needs.  During these meetings the employer has the opportunity to communicate the employer’s expectations and fixed standard in the workplace, the employee’s performance, the employee’s role in the business and the impact the employee has on the business as a whole. These consultations are great tools to assess engagement and wellbeing indicators that could help steer your employees in the right direction.

CONSULTATION TYPE 2: PROGRESSIVE DISCIPLINE AND CHANGES IN BEHAVIOUR

The aim of discipline in the workplace is to correct and improve behaviour through redress, consultations, and warnings, rather than to punish or dismiss an employee.  When the employer notices a change in behaviour of an employee, the first step is to consult with the employee and confirm the desired behaviour.  It is important to give the employee the opportunity to present more information and explain the situation from his/her point of view.

The employer must have clear rules and guidelines in the workplace and ensure that every employee is aware of these rules.  It is vital that employers have a disciplinary code that lists offences with the appropriate sanctions to use when rules and procedures are not followed.  Dismissal should always be the last option.  In cases of severe misconduct, the employer can proceed directly to a disciplinary hearing (take note to follow the correct procedure).

CONSULTATION TYPE 3: COMPULSORY LEGISLATION TO ENGAGE IN CONSULTATIONS

Various pieces of labour legislation create forums whereby it is compulsory for the employer and employees to engage in consultations.  These formal consultations include:

• any changes made to an employee’s terms and conditions of employment; this includes the restructuring of responsibilities, working hours, remuneration, etc. (take note that no unilateral changes can be made under any circumstances)
• retrenchment (dismissal of employees for reasons based on operational requirements)
• poor work performance
• incapacity (the inherent inability of an employee to perform work to the employer’s established standard in terms of quality and quantity due to ill health or injury, which can be temporary or permanent
• implementing short time
• grievance consultations
• incompatibility consultations
• exemptions from any collective agreement or any law
• compliance with Occupational Health and Safety Act (OHSA): the OHSA applies to all employers, but employers with more than 20 employees must appoint health and safety representatives and hold regular consultations with regards to compliance
• compliance with the Employment Equity Act (EEA):  the EEA applies to all employers, but “designated employers” (employers who have 50 or more employees OR an annual turnover as per Schedule 4 of the EEA) have additional obligations, including to establish an Employment Equity Committee and to hold regular consultations with regards to compliance