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Chuckles aside, this was a serious question from a highly frustrated client when we were discussing the common misconduct issues experienced when managing employees.
As managers and HR professionals, we've all encountered situations where employees seem to be spending undue time on personal activities during work hours. Whether it's suspiciously long toilet breaks, extended smoke breaks, excessive social media usage, or lengthy personal calls and chats, these behaviours can negatively impact productivity and morale, if left unchecked.
However, taking a heavy-handed or micro-managing approach is rarely the answer. Not only can it breed resentment and damage employee relations, but it may also expose your organisation to legal risks. In South Africa, employees enjoy certain rights enshrined in legislation like the Basic Conditions of Employment Act, the Occupational Health and Safety Act, the Employment Equity Act, and the Constitutional right to privacy.
The key is to strike a balanced approach that addresses the issue fairly, respectfully, and legally while avoiding pettiness or overly intrusive monitoring. Employers have the right to expect the employee to be at work and working and employees have the right to dignity. The two rights are not mutually exclusive. Here are some strategies to consider:
Clear Policies and Communication
Have defined, well-documented policies that outline acceptable workplace conduct, productivity standards, and disciplinary procedures. A good motto is to assume that your employees are loyal and hardworking but protect against the proverbial bad apple.
Eight hours is a long time! We want a positive work environment for everyone. Managers must recognise that personal interaction is normal and enhances team cohesion - when kept in check.
Communicate expectations clearly to employees during onboarding and reinforce them periodically. If undesired behaviour is creeping in, spell out what constitutes excessive personal time and the potential consequences.
Lead by Example
Ensure that leadership and management teams model the desired conduct. If employees see their managers frequently engaging in the same behaviours, it undermines the credibility of any policies.
People do not respond well to being treated like children. Similarly, punishing everyone for the misconduct of one or two individuals is bound to breed resentment. Have the policy in place and address the behaviour with the individual/s concerned as soon as it becomes a problem. The approach must be to look at patterns of behaviour and not exceptional instances.
Wasting time is a form of presenteeism which may be a symptom of a bigger issue. Are employees demotivated, or disgruntled? Is this a general pattern or isolated to a few people? It’s important to be attuned to why people are behaving in a certain way.
Employee Engagement and Support
Facilitate an environment where employees feel comfortable raising concerns about unrealistic workloads, organisational inefficiencies, or other root causes contributing to the presenteeism challenge.
Ask what’s going on. It could be due to ignorance, trying-my-luck, resentment, or a wellness issue. Provide employees with the tools, resources, and training needed to manage their time effectively and discuss how to achieve better work-life balance. An overly stressful or demanding workload may be contributing to the issue.
Progressive Discipline
For repeated offenses, follow a progressive disciplinary process starting with informal coaching and documented verbal/written warnings before escalating to more serious disciplinary action. This creates the all-important paper trail demonstrating that you have made reasonable efforts to correct the behaviour.
Be Consistent and Fair
Apply policies consistently across the organisation. Singling out certain employees while overlooking others breeds resentment and potential discrimination claims. Even more insidiously, turning a blind eye can damage team morale as engaged employees perceive an unfair workload imbalance.
Be mindful of the law. For example, the Employment Equity Act prohibits unfair discrimination and the Basic Conditions of Employment Act sets limits on working hours and entitlements to breaks. Any disciplinary actions or policies must comply with these regulations. Document all disciplinary actions meticulously.
Leverage Performance Management
For employees whose productivity is suffering due to excessive time-wasting, tie the issue to clear performance goals and metrics during their regular performance reviews. This creates a structured pathway for improvement while protecting against discrimination claims.
The occasional minor personal call or extended break is to be expected, but excessive time-wasting that impacts operations must be addressed. By taking a balanced, legally-compliant approach that prioritises performance management over policing, managers can enhance productivity and teamwork without compromising an organisation's workplace culture. The key is open communication, fair policies, and a solutions-oriented mindset around addressing root causes.
*Please be aware that this article is intended for informational purposes only and such does not constitute legal advice. If you require specific legal guidance or further information, we encourage you to reach out to us for expert assistance. We can be contacted at Allardyce & Partners 011-234 2125 or [email protected] and [email protected].
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Leigh Allardyce
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