Nature of disciplinary measures

Introduction

Since the introduction of the Labour Relations Act of 1995 into South African legislation, the management of discipline at company level continues to be crucial. The general view is that disciplinary policies should not be instruments of punishment but rather fair procedures to be implemented to correct an employee’s unsatisfactory work performance or behaviour.

This guideline will provide management with a model disciplinary policy and code conforming to this view and those contained in the code of good practice.

The procedures should, however, be modified wherever necessary for introduction at company level.

Objective

The primary objective of the disciplinary policy is to initiate fair and acceptable corrective action where an employee’s work performance is unsatisfactory or where an employee’s behaviour is unacceptable.

The disciplinary policy aims: 4 to prevent conflict in the workplace; 4 to protect the interests of both the employer and employee; and 4 to promote the practice of sound and equitable industrial relations.

The policy recognises the right of an employee to a fair hearing in the event of disciplinary action and recognises the right of an employee to appeal against any disciplinary measure considered either unjust or unfair.