Employment Relationships: Balancing Rights and Obligations
Employment relationships are founded on trust and the mutual rights of both parties. Employees and employers have specific rights under common law and labour legislation.
Balancing these rights is crucial for a fair and successful employment relationship. It is important to remember that every right comes with a corresponding obligation. In other words, the rights of employees are the obligations of employers, and vice versa.
General Employee Rights:
Protection against unfair dismissal or discrimination.
Provision of appropriate resources and equipment to perform their duties.
Assurance of a safe working environment.
Receipt of agreed-upon wages on the specified date and time.
Access to fair labour practices.
Treatment with dignity and respect.
Protection against victimization when claiming rights or using procedures.
Entitlement to leave benefits and other basic conditions of employment.
Employer’s rights:
Expect employees to render the agreed-upon services on the specified days and times.
Expect employees to perform their duties under the employer’s authorisation.
Require employees to carry out all work instructions and obey all reasonable and lawful directives.
Expect employees to display good behaviour, comply with company policies and procedures, adhere to the company disciplinary code, and behave in a manner acceptable to societal norms.
Expect employees to act in good faith, be loyal, and always prioritize the employer’s best interests.
Require employees to follow workplace rules, company policies, procedures, and work performance standards.
Expect employees to strive honestly toward work objectives and adhere to quality standards.
Expect employees to use the employer’s prescribed resources.
Require employees to report any dishonest or unlawful practices in the workplace, including breaches of company policies and procedures.
Managing and addressing breaches of good faith in the workplace requires a structured approach to ensure fairness and compliance with labour laws.
Here are some steps employers can take to manage these breaches:
1. Identify the Breach
Collect all relevant information and evidence regarding the breach.
Consider the circumstances and context in which the breach occurred.
2. Conduct a Fair Investigation
Conduct a thorough and impartial investigation to understand all sides of the issue.
Ensure the investigation is conducted confidentially to protect the privacy of all parties involved.
3. Communicate Clearly
Clearly communicate the nature of the breach to the employee involved.
Give the employee an opportunity to explain their actions and provide their perspective.
4. Apply Appropriate Disciplinary Actions
Use a progressive discipline approach, starting with verbal warnings and escalating to written warnings, final written warnings, suspension, dismissal depending on the disciplinary policies and seriousness of the offence.
Ensure that disciplinary actions are consistent with company policies and past practices.
5. Provide Support and Training
Offer counselling or support services to help the employee understand the importance of good faith.
Provide training on ethical behaviour, company policies, and the importance of acting in good faith.
6. Review and Improve Policies
Regularly review and update company policies to address any gaps or ambiguities.
Implement a feedback mechanism to allow employees to voice concerns and suggest improvements.
7. Foster a Culture of Integrity
Management should model good faith behaviour to set a positive example.
Recognize and reward employees who consistently demonstrate good faith and ethical behaviour.
8. Document Everything
Maintain detailed records of the investigation, disciplinary actions, and any follow-up measures taken.
Ensure transparency in the process to build trust and accountability.
By following these steps, employers can effectively address and manage breaches of good faith and reinforce a culture of integrity and trust within the business.
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