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The Importance of a Company Disciplinary Code
Introduction
In today's business environment, maintaining a structured and
transparent disciplinary code is essential for both employers and
employees. A well-crafted disciplinary code ensures that everyone
understands what is expected of them and the consequences of failing to
meet these expectations. In South Africa, this is particularly important
given the legal framework established by the Labour Relations Act (LRA)
and other labour legislation. This blog will explore the significance of
having a disciplinary code, the outcomes of transgressions, and how it
simplifies disciplinary actions.
Why a Disciplinary Code is Essential
Clarity and Expectations
A disciplinary code provides clear guidelines on acceptable and
unacceptable behavior within the workplace. This clarity helps employees
understand what is expected of them and the consequences of non-
compliance. According to the Labour Relations Act (LRA), specifically the
Code of Good Practice: Dismissal, having a documented disciplinary
procedure is crucial for fairness and transparency.
Legal Compliance
In South Africa, labour legislation such as the LRA and the Employment
Equity Act (EEA) mandates fair treatment of employees. A disciplinary
code ensures compliance with these laws by providing a structured
process for addressing misconduct. This protects the company from
potential legal disputes and ensures that disciplinary actions are
consistent with legal standards.
Fairness and Consistency
Recent Labour Appeal Court cases have emphasized the importance of
implementing disciplinary actions fairly and consistently. A disciplinary
code ensures that all employees are subject to the same rules and
penalties, which helps prevent claims of unfair treatment or
discrimination. Consistent application of disciplinary measures reinforces
trust and morale within the workforce.
Outcomes for Transgressions
Simplifying Disciplinary Actions
A disciplinary code outlines specific outcomes for various types of
transgressions, which simplifies the disciplinary process. For example,
minor infractions may result in a verbal warning, while more serious
offenses could lead to suspension or dismissal. This predetermined
framework allows managers to act swiftly and fairly, ensuring that all
employees understand the potential consequences of their actions.
Examples of Disciplinary Measures
1. Verbal Warning: For minor infractions such as tardiness or
unprofessional behavior.
2. Written Warning: Issued for repeated minor offenses or more serious
misconduct.
3. Final Written Warning: Given for serious misconduct or repeated
infractions following a written warning.
4. Suspension: Temporary removal from the workplace for severe
breaches of conduct.
5. Dismissal: Termination of employment for gross misconduct or failure to
improve behavior after previous warnings.
Case Studies and Legal Precedents
Labour Appeal Court cases have repeatedly highlighted the need for well-
defined disciplinary codes. These cases demonstrate that having a clear,
documented process helps in defending the company's actions during
legal proceedings. Employers who can show that they follow their
disciplinary code are more likely to succeed in disputes, as the code
serves as evidence of fair and consistent treatment.
Conclusion
A comprehensive disciplinary code is a critical tool for any business. It
ensures that all employees understand what is expected of them, provides
a clear framework for addressing misconduct, and helps the company
comply with South African labour laws. By implementing and adhering to a
well-drafted disciplinary code, employers can maintain a fair, consistent,
and legally compliant workplace.
If you need assistance with drafting, updating, or improving your
company's disciplinary code, contact Denovo Labour Law. Our
experts can help you create a robust disciplinary framework that
supports your business goals and ensures compliance with all
relevant legislation.
For more information or to schedule a consultation, visit [Denovo Labour
Law](http://www.denovolabourlaw.co.za).
Sources:
- [Labour Relations Act (LRA)](https://www.gov.za/documents/labour-
relations-act)
- [Employment Equity Act
(EEA)](https://www.gov.za/documents/employment-equity-act)
- Recent Labour Appeal Court cases.
Author: Lerize Jansen van Rensburg
Labour Law Consultant
Site Content disciplinary hearings, arbitrations, workplace law
Why Training Employees on Disciplinary Hearing Procedures is Crucial for South African Companies
12 June 2023
Disciplinary hearings are a common and necessary part of any workplace, especially in South Africa where labour laws are complex and strict. However, many employers and employees are not fully aware of the legal and ethical implications of these procedures, which can lead to costly and damaging consequences for both parties. That’s why it is essential for companies to invest in training their staff on how to conduct and participate in disciplinary hearings effectively and fairly.
What are disciplinary hearings?
Disciplinary hearings are formal processes that aim to resolve disputes or allegations of misconduct or poor performance by employees. They are usually initiated by the employer, who has the right to discipline employees for valid reasons, such as:
- Breaching the company’s code of conduct or policies.
- Failing to meet the expected standards of work or behavior.
- Engaging in dishonesty, fraud, theft, violence, harassment, discrimination, or other serious offences
Disciplinary hearings are not meant to be punitive or vindictive, but rather corrective and educative. They should follow the principles of natural justice, which include:
- Giving the employee a fair and reasonable opportunity to state their case and defend themselves.
- Providing the employee with clear and specific details of the charges and evidence against them.
- Allowing the employee to be represented by a trade union official or a co-worker of their choice.
- Applying consistent and proportionate sanctions that match the severity of the offence.
- Respecting the employee’s right to appeal the outcome if they are dissatisfied.
Why are disciplinary hearings important?
Disciplinary hearings are important for several reasons, such as:
- Maintaining a productive, safe, and harmonious work environment.
- Upholding the company’s reputation, values, and standards.
- Ensuring compliance with the relevant labour laws and regulations.
- Avoiding unfair dismissal claims, labour disputes, or legal action.
How can training help?
Training employees on disciplinary hearing procedures can help them understand their roles, rights, and responsibilities in these situations. It can also help them develop the skills and confidence to handle these processes effectively and professionally. Some of the benefits of training include:
- Reducing the risk of errors, misunderstandings, or bias that can compromise the fairness and validity of the hearing.
- Improving the communication, negotiation, and problem-solving abilities of both parties.
- Enhancing the trust, respect, and cooperation between the employer and the employee.
- Promoting a culture of accountability, transparency, and continuous improvement.
What should training cover?
Training on disciplinary hearing procedures should cover both the theoretical and practical aspects of these processes. It should provide employees with:
- A clear overview of the legal framework and best practices for disciplinary hearings in South Africa
- A step-by-step guide on how to prepare for, conduct, and conclude a disciplinary hearing.
- A demonstration of how to apply the relevant policies, procedures, and principles in different scenarios.
- A chance to practice their skills and receive feedback through role-playing exercises or simulations.
Conclusion
Disciplinary hearings are inevitable in any workplace, but they don’t have to be stressful or adversarial. By training employees on how to handle these procedures effectively and fairly, companies can ensure that they resolve workplace issues in a constructive and compliant manner. This can benefit both the employer and the employee in terms of productivity, performance, morale, and reputation.
Covid-19
The Impact on employment
Covid-19, an infectious disease forming part of the larger group of coronaviruses that causes illness in animal and humans as defined by the World health organisation. This virus variety was first reported in Wuhan China late 2019 when the SARS-CoV-2 strain usually found in bats, made its grand leap to humans. Today the 22nd of January 2021 the world has been brought to a standstill as this coronavirus swept around the globe. The spread of the coronavirus has undeniably caused great sorrow across the planet, as the world’s countries placed their citizens on lockdown to curb the spread of the virus. These lockdowns have created economic uncertainty as sectors started closing their doors. Luckily, most economies have started to open up again. As workers return to work there now lies a great burden on the employer as new amendments and directives have come into play to assist in keeping employees safe and healthy. Employers in South Africa has had to adapt to these directives and set to task the creation of new employment policies with their companies. Now employees are closely evaluated for symptoms and screened daily and even hourly by some employers, all in the spirit to keep their employees healthy and of course ensure continuous operation of the company. I have had two distinctive questions asked to me by fellow colleagues, both will be briefly answered in this article. First is what to do if an employee exhibits COVID-19 symptoms in the place of work and secondly when can the employer allow the employee back at work.
The following is the answers to these questions in respect of the consolidated directions on the occupational health and safety measures in workplaces:
If a worker presents COVID-19 related symptoms, or advises the employer of these symptoms the employer must
1. Not allow the employee to enter the workplace or to report for duty, if the employee has not yet reported for duty.
2. If the employee is already at work the employer must immediately isolate the employee, provide the employee with a facemask that complies with the mask requirements and securely transport the employee to the nearest health Centre for treatment without placing any other employee or citizen at the risk of exposure. The employer must assess the risk of transmission and disinfect the workspace of the infected employee and implement contact tracing procedures to establish if any other employee is at risk. It is crucial for the employer to take actions to ensure the employee diagnosed or showing symptoms is not discriminated against in any manner. Furthermore, the employer must place the employee on paid sick leave as per section 22 of the BCEA, if the paid sick leave is exhausted the employer must make an application for an illness benefit of the temporary employer relief scheme as pertained in the directive issued on the 25th of March 2020. The final step is to determine if the employee was infected or could have been infected at the place of work, if so the employer must lodge a claim or compensation from the Compensation for occupational injuries and diseases act.
If a worker is diagnosed with COVID-19 and isolated in accordance with the department of health guidelines an employer may only allow an employee to return to work
1. Without requiring a viral test if the employee has completed the mandatory 10 days isolation either from the onset of symptoms in mild cases (no hospitalization needed); or in moderate to severe cases from the end of achieving clinical stability.
2. If the employer ensures personal hygiene, the wearing of complying facemask, social distancing and cough etiquette is adhered to.
3. If the employer closely monitors the employee.
4. If the employee upon the return to work wears a surgical mask for 21 days from the date of diagnosis. Luckily with COVID-19 vaccines arriving in South Africa during the first quarter of 2021 the country can finally start with a recovery of the economy. The next hot topic in the industry will surely be whether an
employer can refuse work without proof of vaccination.
Article by Mr. T Fuller BA. Industrial Psychology & Labour Relations Management.