Employers advised to consider context before implementing disciplinary actions

In a recent ruling by the Labour Court, the case of Samson v Reach Summit (Pty) Ltd emphasised the importance of procedural fairness in disciplinary proceedings. 

The applicant, Cindi Alani Samson, challenged a final written warning from her employer, alleging it was issued without sufficient opportunity for her to present her case. 

The dispute stemmed from Ms. Samson’s role as Project Manager for recruitment at Reach Summit, where, during a probationary period, a recruitment manager resigned, and the workload significantly increased. 

The applicant was tasked with meeting tight recruitment deadlines, but due to the extreme workload and the reduced size of her team, she struggled to meet the deadlines. 

Despite her efforts, which included traveling to various sites to manage recruitment drives, deadlines were reportedly missed by one week. 

The employer contended that the applicant was responsible for setting the deadlines, a claim she strongly disputed.

The labour court ruled in her favour, highlighting the need for employers to carefully investigate and consider the full context and circumstances before taking disciplinary action.

Specifically, the employer had not allowed the applicant to make representations before issuing the final warning. 

The Court concluded that the commissioner’s findings were unreasonable and that the applicant had been denied a fair hearing. Consequently, the Court set aside the arbitration award and declared the final warning an unfair labour practice. 

The Importance of Context in Employee Performance

While her employer accused her of negligence in failing to meet targets, Samson contended that the circumstances, including resignations of key staff members and an overwhelming workload, played a crucial role. 

The court emphasised that such factors should have been considered before issuing the warning.

Fairness in Disciplinary Action

The case highlights the need for employers to ensure fairness and transparency when disciplining employees. 

The court found that the failure to consider the full context surrounding Samson’s performance led to an unfair arbitration process. 

Employers must ensure they gather all relevant facts and offer employees the chance to defend themselves before issuing disciplinary actions.