Disciplinary Code and Procedure
[Employer name] ("we") adopts this code and procedure from [Effective date]. It applies to all employees. Its aim is to set clear standards, correct behaviour, and make sure every employee is treated fairly and consistently. It follows the principles of the Labour Relations Act 66 of 1995 and the Code of Good Practice: Dismissal.
1. Principles
- We use informal correction, such as counselling or a conversation, for minor problems. Formal steps are for serious or repeated misconduct.
- No employee is disciplined without being told what they are accused of and given a fair chance to respond.
- Penalties are fair and consistent, taking into account the seriousness of the misconduct, the employee's circumstances and record, and the penalties applied to others.
- Every step is recorded in writing.
2. Standards and examples of misconduct
Misconduct includes breaking a reasonable workplace rule that the employee knew or should have known about. Examples include theft, fraud, dishonesty, assault, intimidation, serious insubordination, gross negligence, unauthorised absence, serious breach of confidentiality or data protection rules, reporting for work under the influence of alcohol or drugs, and unsafe behaviour. In our business, examples also include: [Examples of misconduct specific to your business].
3. Steps of corrective action
- Informal correction: a documented talk, with guidance on the required standard.
- Verbal or first written warning: for a first offence of moderate seriousness or repeated minor offences.
- Final written warning: for a serious offence, or repeated offences after earlier warnings.
- Dismissal or other sanction: for very serious misconduct, or continued misconduct after a final written warning. A serious offence can start at a higher step.
A warning remains valid for the following time: 6 months for a written warning, 12 months for a final written warning. After that, it is not counted when deciding on a later sanction.
4. Procedure for a formal process
- Investigation: we find the facts quickly, speak to witnesses and collect evidence.
- Notice: the employee receives a written notice of the allegation, the date, time and place of the hearing, and the right to be represented by a colleague or shop steward, with at least 48 hours to prepare.
- Hearing: the chair is [Who chairs hearings (role)]. The employee hears the evidence, may answer it, call witnesses, and put their case. The chair listens fairly and keeps a record.
- Outcome: the chair decides whether the misconduct is proved and the sanction, and gives written reasons within a reasonable time. The employee is told how to appeal.
- Appeal: the employee may appeal in writing within five working days to [Who hears appeals (role)], who decides within a reasonable time.
5. Suspension
We may suspend an employee with pay if it is justified to protect the investigation or the workplace. A suspension should be as short as possible, and the reason is given in writing.
6. Dispute with the outcome
A dismissed employee may refer a dispute to the CCMA or the relevant bargaining council within the time the Labour Relations Act allows. We keep all records of the process.