Zimpapers Logo

Davis Ndumiso Sibanda Labour Matters
THE composition of disciplinary committees remains problematic for employers and workers alike because of inability to understand the code of conduct and legal language.The first challenge is that many employers and workers’ leaders do not understand what a disciplinary committee is. Once a manager or workers committee member is appointed to be part of the disciplinary committee then, for the duration of the disciplinary case they no longer represent interests of management or workers but are to ensure justice prevails. Focus is on truth finding.

The common problem is that the complainant who is a manager expects the managerial representatives in the disciplinary committee to support him or her and on the other hand the defendant also expects workers committee members who are part of the disciplinary committee to support him or her. The law does not work like that. Once one is part of the disciplinary committee there is no room for taking sides. The expectation is that members of the disciplinary committee will objectively look at each case taking into account the particular code express procedures, observing principles of natural justice, referring to precedents and where appropriate apply common law.

In many organisations members of the disciplinary committee wrongly advance the complainant’s case or defend the defendant. When that happens the disciplinary committee becomes polarised with members appointed by the workers committee supporting the defendant and those appointed by management supporting the defendant. In many instances the polarisation has led to workers committee members who are part of the disciplinary committee abandoning a hearing or refusing to participate as they argue that they are not taken seriously in hearings. Furthermore, it also leads to workers appealing outside as they believe internally no justice can take place.

In worse cases the defendant’s representative who could also be a member of the workers committee has an expectation that members of the disciplinary committee who are also members of the workers committee must support him and the defendant. This is wrong, members who are part of the disciplinary committee are as good as “Judges” thus cannot play a dual role.

Another challenge is having “dirty” people appointed to be part of the disciplinary committee. Any manager or workers’ representative who is heard or seen expressing an opinion or taking a position about a pending disciplinary case is not a suitable candidate for appointment into the disciplinary committee. The problem however is that “dirty” managers and “dirty” workers committee member are appointed into the disciplinary committee putting the disciplinary committee’s impartiality to question before it even starts working.

To avoid problems with the composition or conduct of disciplinary committee members, the answer lies in having them trained in discipline law in general and in the application of the particular code of conduct used by the organisation.

Davies Ndumiso Sibanda can be contacted on: email:[email protected] or cell No: 0772 375 235