Sparks Electrical News November 2018

CONTRACTORS’ CORNER

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EMPLOYERS AND DISCIPLINARY PROCEDURES

I n South Africa, stringent Labour Laws have created something of a mine- field for employers to navigate when it comes to disciplinary procedures. While protecting the rights of the employee is paramount, employers who are not com- pletely up to date with the relevant legis- lation could find themselves in hot water. Research reveals that employers lose about 60 percent of cases referred to The Commission for Conciliation, Mediation and Arbitration (CCMA) by disgruntled employees or their union representa- tives. Losing a CCMA case has three dis- tinct drawbacks: the employer is usually found to be financially liable; the business’ reputation is damaged, and a record of wrongful-dismissal or treatment made; and precious business hours are lost while attending CCMA hearings, hamper- ing productivity and morale. According to Thomas Matthee, Man- aging Director at NeTrec, there are four main reasons why employers lose CCMA cases. “The first reason is that they do not follow the correct disciplinary proce- dures. Whether this is due to ignorance or done intentionally makes no differ- ence – in the eyes of the law, ignorance is no excuse. The second shortcoming oc- curs when employers fail to act consist- ently, for example, when one employee is more harshly disciplined than another for a similar offence. Thirdly, employers lose cases because they fail to hold a proce- durally fair hearing. There are strict steps to follow, and if not adhered to, the em- ployer is in trouble. The last is the failure to maintain a reliable and accurate docu- ment trail throughout the entire discipli-

CANNABIS IN THE WORKPLACE

S ince the legalisation of the possession and use of cannabis for private purposes by the Constitutional Court, many concerns have been raised about what this would mean in the workplace. Employers want to know how they will ensure that people do not come to work under the influence of cannabis, while employees fear they could be subjected to unsafe and unwarranted behaviour from colleagues who then attempt to blame the legal use of cannabis at home as the catalyst and expect to be exonerated from their actions as a result. Michael Opperman, CEO of Omni Labour Consultants, ex- plains that employers must ensure they have policies and procedures in place to ensure that employees are sober at work. You have to read and understand the judgment of the Constitu- tional Court very clearly in this regard. Judge Raymond Zondo said he had “... concluded that the limitation is not reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”. He then made an order declaring the relevant provisions about the use of cannabis constitutionally invalid where it criminalises the use or possession of cannabis, in private by an adult for personal consump- tion. It is clear that the private use is allowed and the argument would be about when the use of cannabis is private. To start with, ‘private’ would not mean any public place or place of work. At the workplace, the Occupational Health and Safety Act (Act 85 of 1993) and Regulations 1031 section 2 A would apply regarding intoxication. According to Section 2A, an employer should not permit anyone who is, or who appears to be, under the influence of intoxicating liquor or drugs, to enter or remain in a workplace. People in a workplace are not allowed to be under the influence of or have in their possession, use or offer other people intoxicating liquor or drugs. Employers can only allow people who use medicine to perform duties if its side-ef- fects do not constitute a threat to the health or safety of the employee or other employees. Therefore an employee, who is contractually bound to the employer during certain hours, has to adhere to the employer’s rules, regulations and policies in the workplace, including undergoing the same or simi- lar sobriety tests for cannabis as with any other narcotic or alcohol- related transgression. The most important aspect is that employers’ policies should em- brace the concept of sobriety in the workplace. There should be a zero- tolerance policy for any use of non-medical, controlled, mind-altering substances. If recent usage can be determined by testing the employee, any em- ployee entering the workplace with a trace of alcohol, cannabis or any other non-prescription drug would fall foul of company policy, as well as the regulations made in terms of the Occupational Health and Safety Act. The same or similar sobriety tests can therefore be conducted in the workplace for being under the influence of cannabis as with any other narcotic or alcohol related transgression. Section 8(1) of the Health and Safety Act states that employers should provide and maintain, as far as possible, a working environment that is safe and without risk to the health of their employees. It is com- mon cause that the enforcement of sobriety is reasonably possible. The consequences for employers allowing someone to work with tools and clients outweigh the risk of tolerating the use of cannabis at work or its presence in an employee’s systemwhen at work, because the employer carries the risk if anything goes wrong. However, safety is not the only possible motive for an employer to have zero-tolerance for alcohol or unauthorised narcotics in the system of an employee at work. Other aspects of working when under the influence of any mind-altering substance include that it could affect an employee’s better judgement in terms of social transgressions, such as bringing the employer into disrepute when inappropriately dealing with a client. There is also the possibility of miscalculating in terms of accounting, stock and design, which could be regarded as not acting in the best interests of the employer, or negligence in performing designated duties.

disciplinary policies and procedures – and adheres to relevant legislation. As it is an online system, it is accessible from any location, at any time.” The highly customisable system al- lows employers to track all disciplinary processes throughout the entire organi- sation, from the first offence onwards. With reliable checklists, electronic tem- plates, and outcome recommendations, it also ensures that employers maintain procedural fairness and remain well within the confines of the law. It is a unique, user-friendly, affordable, and subscription based solution designed for SMEs and enterprise customers. “With electronic records kept of all sup- porting documents and evidence relat- ing to offences and disciplinary action taken, the tool drives disciplinary action that is corrective and progressive, con- sistent and procedurally fair,” concludes Matthee.

nary process. Complete documentary evidence is essential to success.” To a certain degree, the disciplinary process is designed to do just that; help employees unlock their true potential. “In many cases, the purpose of the dis- ciplinary process is to correct employ- ees’ paths, to help them improve in their position and learn from their mistakes,” says Matthee. “Yet, too often, employers approach discipline incorrectly, leading to costly CCMA cases, further disgruntled employees, and a sour experience for all parties.” As one of the exhibitors at the recently held HR Indaba, NeTrec used the platform to launch its innovative iRate software platform, designed to empower line man- agers to take control of their department’s human capital discipline processes – the right way. “The one-of-a-kind, online in- dustrial relations discipline management system guides businesses through the entire disciplinary process,” says Matthee. “This ensures HR follows well governed

Enquiries: www.iratehr.co.za

HANDY HEAD TORCH OFFERS HIGH VISIBILITY

T he Unilite HL-1R rechargeable head torch offers a maxi- mum output of 125 lumens from its high power Cree white LED. As well as the white LED, the HL-1R features two 3 mm red LEDs that provide red light to preserve night vi- sion and a flashing red light to attract attention. Powered by a built-in 520 mAh Lithium polymer rechargea- ble battery, the HL-1R has a run-time of two hours in high mode. Recharging the unit is easy; simply insert the micro USB cable into the side of the head torch and the other end into a USB port or a USB mains/car adaptor. A red LED will illuminate to show charging is in progress and will turn green once charging is complete. The easy pushbutton micro switch cycles through the white settings with each press in the order of high, mid and low. To change to red settings simply press and hold the button with the light on and cycle through red, red flash and red SOS with each press. If left in any setting for longer than three seconds the next press will turn the light off. The last colour setting is remembered, so if you leave it in red mode, you will not ruin your night vision with the white light if you switch it on intending to use red lighting.

A hinged bracket allows the HL-1R to be adjusted downwards within a 45° angle so you can direct the light source where it is needed most. The high visibility technology means you will always be seen, which is useful when working in an industrial environment. And the fully adjustable non-slip silicone lined headband helps keep the head torch secure on your head or on a hardhat. The handy storage pouch is great for when your head torch is not in use as it keeps everything together and protects it from getting scratched. Ideal for electrical contractors, the Unilite HL-1R is available through Garry Lumpe Imports.

Enquiries: +27 (0)11 396 4065

MEDUPI UNIT 2 SYNCHRONISED EIGHT MONTHS AHEAD OF SCHEDULE GE POWER AND ESKOM have announced that Medupi Unit 2, the fifth out of the six units at the power station, has now been successfully synchronised to the national grid. With five units already synchronised, Medupi’s plant capacity increases to deliver 4 000 mW, enough to power nearly three million households, reaffirming its position as the largest power station in South Africa and fourth in the world. Abram Masango, Eskom’s Group Executive for Group Capital, said: “The achievement of Unit 2 first synchronisation, eight months ahead of the June 2019 schedule, marks a key milestone towards full commercial operation of the unit. Lessons learnt on previous units were implemented on Unit 2, leading to the swiftness in delivering first power. This is an amazing achievement, taking us closer to completing the entire Medupi project, as we will be left with one unit.” Upon completion, the power station will produce a total of 4 764 mW to meet the electricity needs of 3.5 million households in the country. In addition, since 2007, GE in partnership with Eskom has invested over R1 billion to empower local businesses and trained over 300 students on technical, artisans and engineering skills. Forty percent of the workforce trained as pipe fitters, welders and electricians were sourced from the province, and 60 percent were youth.

The legalisation of the pri- vate use of cannabis therefore does not in any way exonerate employees from their duties at work, the policies applica- ble in the workplace and the legislation that governs mis- conduct as a result of being under the influence of can- nabis at work. For further information, contact Michael Opperman on +27 (0) 83 747 5672.

Enquiries: www.GE.com/Power

SPARKS ELECTRICAL NEWS

NOVEMBER 2018