DISCIPLINARY CODES AND PROCEDURES

The purpose of a disciplinary code and procedures is to regulate standards of conduct and incapacity within an organisation.  The aim of discipline is to correct unacceptable behaviour and adopt a progressive approach in the workplace.

• Employer’s obligation- The employer needs to ensure that all employees are aware of the rules and expected reasonable standards of behaviour for the workplace.

• Employee’s obligation -The employee needs to ensure that he/she is familiar with the relevant disciplinary standards in the workplace and that he/she complies with the disciplinary code and procedure at the workplace.

Counselling vs Disciplinary Action:

• Counselling  - will be appropriate where the employee is not performing to a standard or is not aware of the rule regulating conduct and/or where the breach of the rule is relatively minor and can be condoned.

• Disciplinary Action – will be appropriate where a breach of the rule cannot be condoned, or where counselling has failed to achieve the desired effect.

Types of Disciplinary Action:  

• Verbal warning;

• Written warning;

• Final written warning;

• Suspension without pay (for a limited period);

• Demotion, as an alternative to dismissal only; and

• Dismissal.

The law does not specify that employees should receive any specific number of warnings.  Dismissal could follow on the occasion of a first offence, in the case of serious misconduct.  

 Information provided herein is based on documentation available from the CCMA.  

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