Last week we took a look at “How Policies & Procedures can save your company at the CCMA”. Today, we are going to dive a little deeper into the conversation, and explain a few additional scenarios, and how exactly they would play out.

To help you understand this a little more clearly, I need to explain the varying functions of your company’s policies and procedures. There are some policies and procedures which are required to be in place according to legislation (i.e. Employment Equity and Health & Safety).

Then there’s grievance policy and procedure which is one all companies should have in place. It assists significantly with dispute management, improved employee morale & communication between superior & subordinate. It holds management accountable to effectively, efficiently & objectively resolve employee grievances. The grievance policy & procedure also places the company in a position of strength during disciplinary hearings as well as at the CCMA.

An upcoming blog will detail more info & benefits of the grievance procedure.

You also have to be careful that your policies and procedures do not break down team morale and stunt creativity and growth. Your company policies and procedures ensure that the business operates more efficiently and effectively, ensures fairness among staff and can greatly improve staff morale and productivity.

So when do company policies and procedures disrupt the efficiency and productivity of work, or team morale?

This is only the case when policies and procedures are not consistently applied within the workplace. The inconsistent application of policies and procedures leaves the company in a vulnerable position when it comes to discrimination (i.e. rules are only applied and enforced as when convenient to management or the company instead of being applied and enforced day in and day out, regardless of convenience).

Inconsistent application of policies & procedures affects the company culture negatively, in that employee morale will be low for many. The expectation, behaviour & conduct of the employees will be all over the show as well as per their perceived understanding. The lack of Transparency and commitment from management in this regard will result in an employee setting the standards of his/her work, behaviour and conduct opposed to it being set by the company/business owner.

As stated in the beginning of this article, if your policies and procedures are not compliant with legislation, or as stated above, are not applied consistently, they can be challenged at the CCMA, if it gets to that.

The Code of Good Practice states that employers should have rules and regulations in place. The business owner does not need the approval of the employee’s or their permission before instituting such rules and regulations, and nor does the business owner need the approval of any trade union. The business owner has the right to manage his/her business and its employees as well as to maintain efficiency and expect employees to carry out litigate instructions.

We will explore the rights or the employee & employer in a future blog post.

It is essential to mention that an employer cannot make a unilateral decision when it comes to the changing of the initial terms of agreed employment between an employee and the employer.

For example:

If Jane signed a contract with company ABC in 1990 and the contract stated that she was entitled to 40 days paid annual leave. Company ABC cannot make a unilateral decision and implement a policy and procedure, after which it states that all employees of the company are entitled to 15 days paid leave only, and expect Jane to comply. The company will need to consult with Jane, and Jane would need to agree to this change of initial terms of agreement concerning her employment.

This is complicated ground and needs navigation to ensure that both parties operate within their legal rights and there is no confusion.

Remember, policies & procedures without consistent application from the business owner and/or his/her management team are pointless.

When policies & procedures are not applied consistently, it places the business owner and company in a vulnerable position when it comes to the CCMA, and can lead to a decrease in employee morale and an increase in inefficient and frustrated day-to-day business operations and communications.

If you need help drawing up, implementing, amending or understanding what policies and procedures your company needs in place, contact Alignment Consulting for more information.