Draft Disciplinary Code & Procedure for Public Service: discussion

PUBLIC SERVICE & ADMINISTRATION PORTFOLIO COMMITTEE
12 August 1998
DRAFT DISCIPLINARY CODE & PROCEDURE FOR PUBLIC SERVICE

Documents handed out:
Draft Disciplinary Code & Procedure For Public Service

Mr Khumalo (Chief Director of Labour Relations) outlined the purposes, principles and the mechanisms for disciplinary action found in the draft.

He then opened the floor for questions as the department made it clear that suggestions are very much appreciated.

Discussion arose around the concept of counselling found in Point 5.3. A committee member was concerned that 5.3 (a)(i) sounded incomplete and unclear:
"In cases of the transgression of a minor or less serious nature or in the early stages of poor work performance". The member wanted to know how is work performance of a poor or less serious nature determined? This concern was noted by the department though they pointed out that it stated clearly: " at the early stages of poor work performance," This was to arrest poor performance before it became aggravated.

Still on this point, some members of the union questioned the distinction between "poor" and "worse" misconduct. They pointed out that this categorisation of poor and worse promotes inefficiency and it is not needed. Misconduct stays misconduct, there is no poor or worse.

A question was raised concerning suspension. It appeared as if the draft did not clarify whether it is suspension with or without pay. On this question Mr Khumalo said that suspension without pay can be applied in certain circumstances. Management will be responsible for suspension. They will have to take a risk but corruption cannot be protected. If they proof to be wrong for suspending employees without pay, legally they will have to repay those employees.

A representative of one of the unions stated that the Department and the Committee should be aware that their union is concerned about the trauma and victimisation that people go through during a suspension. The union has problems with suspension whether it is with or without pay. Suspension should consist of a very short period as there are cases where people are found not guilty at the end.