Chapter 2 Literature review part one: theoretical framework
2.28 Codes of employment
Various codes of employment have been designed to encourage organisations to promote the social and economic development of South Africans. They are a contribution to employment relations outside of the law.
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It must be noted that a code of employment is not an employment relations policy in its own right. Subscribers or signatories to a code may well model their employment relations policy on the objectives laid down in their code, but the code itself is a policy statement with a much broader base, which merely expresses the organisation's intentions with regard to its labour force. A code of employment is sometimes used instead of a human resource policy.
2.28.1 Investigating a harassment complaint
Harassment, sexual or otherwise, is a major issue for today's organisations. Given the rulings at all court levels, organisations can and should limit their liability.
DeCenzo and Robbins (2010:82) recommend the following steps.
(a) Issues of harassment policy describing what constitutes harassment and what inappropriate behaviour is. Just stating that harassment is unacceptable at your organisation is not enough. The policy must identify specific unacceptable behaviours. The more explicit these identifications, the less chance of misinterpretation later on.
(b) Institute a procedure (or link to an existing one) to investigate harassment charges. Employees, as well as the courts, need to understand what avenue is available for an employee to levy a complaint. This, too, should be clearly stated in the policy and widely disseminated to employees.
(c) Inform all employees of the harassment policy by educating employees (via training) about the policy and how it will be enforced. The policy will not convey the information simply because it is a policy. It must be effectively communicated to all employees. Some training may be required to help in this understanding.
(d) Train management personnel in how to deal with harassment charges and in what responsibility they have to the individual and the organisation. Poor supervisory practices in this area can expose the organisation to tremendous liability. Managers must be trained in how to recognise signs of harassment and where to go to help the victim.
Because of the magnitude of the issue, a manager's performance evaluation should reinforce this competency.
(e) Investigate all harassment charges immediately. All means all, even those that you suspect are invalid. The HR manager (Industrial relations manager) must give each charge of harassment his/her attention and investigate it by searching for clues, witnesses, and so on. Investigating the charge is also consistent with the societal view of justice. The alleged harasser also has rights, which must be protected by giving the individual the opportunity to respond. You may also have an objective party to review the data before implementing your decision.
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(f) Take corrective action as necessary. It is necessary to discipline the harasser and make whole the harassed individual. If the charge can be substantiated, the organisation must take corrective action, up to dismissing the harasser(s). If the punishment does not fit the crime, organisation may be reinforcing or condoning the behaviour. The harassed individual should also be given whatever was taken away. For example, if the behaviour led to an individual's resignation, making the person whole would mean reinstatement, with full back pay benefits.
(g) Continue to follow up on the matter to ensure that no further harassment occurs or that retaliation does not occur. One concern individuals have in coming forward with harassment charges is the possibility of retaliation against them, especially if the harasser has been disciplined.
It is necessary to continue to observe what affects these individuals through follow-up conversations with them.
(h) Periodically review turnover records to determine if a potential problem may be arising. This may be Employment Equity Opportunities audits, exit interviews, and HRs committee. A wealth of information at your disposal may offer indications of problems. For example, if only minorities are resigning in a particular department, which may indicate that a serious problem exists. Pay attention to your regular reports and search for trends that may be indicated.
(i) Privately recognise individuals who bring these matters forward. Without their courageous effort, the organisation might have been faced with tremendous liability. These individuals took a risk in coming forward.
You should show your appreciation for that risk. Besides, if others know that such risk is worthwhile, they may feel more comfortable in coming to you when any type of problem exists.
2.28.2 Guidelines for counselling employees
DeCenzo and Robbins (2010:108) state that disciplinary meetings often involve counselling employees to achieve better performance. No one set procedure addresses counselling employees, but the following are the guidelines that should be considered when faced with the need to counsel an employee.
(a) Document all problem performance behaviours. Document specific job behaviours such as absenteeism, lateness and poor quality in terms of dates, times, and what happened. This provides objective data.
(b) Deal with the employee objectively, fairly and equitably. Treat each employee equally. Issues discussed should focus on performance behaviours.
(c) Confront job performance issues only. Your main focus is on what effects performance. Even though it may be a personal problem, you should not try to psychoanalyse the individual. Leave that to the trained specialists. You can,
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however, address how these behaviours are affecting the employee's job performance.
(d) Offer assistance to help the employee. Just pointing the finger at an employee serves little useful purpose. If the employee could fix the problem alone, he or she probably would have. Help might be needed – yours and the organisation's.
Offer this assistance where possible.
(e) Expect the employee to resist the feedback and become defensive. It is human nature to dislike constructive or negative feedback. Expect that the individual will be uncomfortable with the discussion. Make every effort, however, to keep the meeting calm so that the message can get across. Documentation, fairness, focusing on job behaviours, and offering assistance help reduce this defensiveness.
(f) Make sure the employee owns up to the problem. All things considered, the problem is not yours it's the employee's. The employee needs to take responsibility for his or her behaviour and begin to look for ways to correct the problem.
(g) Develop an action plan to correct performance. Once the employee has taken responsibility for the problem, develop a plan of action designed to correct the problem. Be specific as to what the employee must do (for example, what is expected and when it is expected), and what resources you are willing to commit to assist.
(h) Identify outcomes for failing to correct problems. The manager is there to help, not carry a poor performer forever. The employee must be informed what the consequences will be if he or she does not follow the action plan.
(i) Monitor and control progress. Evaluate the employee's progress. Provide frequent feedback on what one is observing. Reinforce good efforts.