Case
DISCIPLINARY CODE FOR J NAIDOO CASE
- Course
- LAbour Law (MRL3702)
- Institution
- University Of South Africa (Unisa)
Case of 32 pages for the course LAbour Law at Unisa (J NAIDOO CASE)
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DOCUMENT NAME: DISCIPLINARY CODEDATE: JANUARY 2023
1. Purpose
1.1 The purpose of this code is to outline the standard conduct and rules applicable to
employees at the workplace. It is accepted that a disciplinary code and procedure are
necessary for the efficient running of the Company’s business, the safety and fair
treatment of all employees and for ensuring sound labour/management relations.
1.2 Furthermore, this code aims to provide guidelines for management to ensure the fair,
just and uniform application of disciplinary measures and to provide a reference for
management engaged in applying discipline.
2. Underlying principles
2.1 The application of discipline is the right and responsibility of line management. As
disciplinary action should not be taken lightly, the responsibility for implementing action
is reserved for the Company representatives of the appropriate responsibility and
seniority. The imposition of discipline is therefore the prerogative of management only.
2.2 Disciplinary steps are instituted in order to obtain the co-operation and involvement of all
employees within the workplace, and to protect the interests of both the employee and
the employer in the process of dealing with unacceptable behaviour.
2.3 In the enforcement of discipline, the emphasis must rather be focused on guidance and
rehabilitation than on the imposition of punishment. However, where necessary,
punishment must be used as a legitimate deterrent in the maintenance of discipline.
2.4 In certain instances the Company reserves the right to impose the most severe sanction
on an employee without having to follow the principles of corrective and progressive
, discipline.
2.5 The application of discipline must, at all times be lawful, just, fair and consistent.
2.6 The Code of Good Practice: Dismissal, Item 7 of Schedule 8 states that any person
who is determining whether a dismissal for misconduct is unfair should consider –
(a) Whether or not the employee contravened a rule or standard, regulating conduct in,
or relevance o, the workplace; and
(b) If a rule or standard was contravened, whether or not –
i. the rule was a valid or reasonable rule or standard;
ii. the employee was aware, or could reasonably be expected to have been aware;
of the rule or standard;
iii. the rule or standard has been consistently applied by the employer; and
iv. dismissal was an appropriate sanction for the contravention of the rule or standard.
2.7 When applying discipline within the workplace, it is recommended that for all sanctions
imposed, and not only dismissal, that the requirements as stipulated in Item 7 of
Schedule 8 be considered.
3. Disciplinary Sanctions
3.1 There are four basic sanctions that can be imposed against any employee. Breaches of
the code which are similar in nature and sanctions previously imposed, may be
considered when deciding what sanction is to be applied against a related breach in that
category or in relation to a pattern of breaches.
3.2 In order to issue the below stated sanctions correctly, the manager deciding to
impose a sanction must first grant the accused employee an opportunity to state a case
in response to the allegation made against him/her. A formal hearing does not have to
be held, just a discussion to give the accused employee an opportunity to provide a
reasonable explanation for his or her failure to adhere to a rule or standard.
,3.3 It is important that sanctions be imposed as soon as reasonably practicable after the
employer becomes aware of transgressions. A delay can result in the allegation that the
employees’ actions have been condoned and the instituting of disciplinary action at a
later stage could be viewed as unfair conduct on part of the employer, provided,
however, that delays due to ongoing investigations are permitted and should not be
viewed as unfair conduct.
3.4 An employee should sign acknowledgement of receipt of the sanction imposed, but an
employee cannot be forced to do so. If the employee refuses to sign, a witness can sign
to confirm that the employee is aware of the sanction and that the allegations have been
explained to him/her. An employee’s refusal to sign does not affect the validity of the
sanction. The employee can lodge an appeal within three (3) working days or refer the
sanction to the Commission for Conciliation Mediation and Arbitration (CCMA) or
relevant Bargaining Council as per the dispute resolution procedure stipulated in the
Labour Relations Act 66 of 1995.
3.5 In order of severity the sanctions are:
● Verbal Warnings
In the case of a moderate offence, a superior should conduct an informal disciplinary
interview with the employee that may result in a verbal reprimand. A verbal warning is a
reminder to the employee that if he/she continues to commit the same offence, more
serious and formal disciplinary action will follow. Although informal, it is the first stage of
the disciplinary action process and a written record is kept of this warning and it will be
valid for (three) 3 months.
● First and Second Written Warnings
If verbal warnings fail or if the offence is serious enough to warrant, management should
give the employee a formal written warning. First and second written warnings are a
more formal act and warn the accused employee that a repetition of wrongful behaviour
or a more serious offence can result in a final written warning or dismissal.
, All written warnings will be recorded on a disciplinary form that will be placed on the
employee’s file. A copy of the disciplinary form will be handed to the employee. First and
second written warnings are valid for 6 months.
● Final Written Warnings
A final written warning may be issued if the offence is serious enough to warrant or if the
previous warnings fail and is the last warning an employee can expect before dismissal
or a more serious disciplinary penalty may be imposed. The purpose is to give the
employee a final chance to correct his/her behaviour. Managers should be cautious not
to issue more than one final written warning for the same or similar offence should the
employee repeat the misconduct whilst having a final written warning.
It is recommended that a disciplinary hearing or a formal discussion be held prior to
issuing a final written warning. A final written warning is valid for 12 months.
● Summary dismissals
When a series of progressive and or corrective measures, such as the issuing of the
above sanctions, have not produced the anticipated effect; or when an employee is
alleged to have committed serious misconduct, the employer may then consider
dismissal as a penalty. It is strongly recommended that prior to dismissing the
employee; the Company conduct a formal disciplinary hearing.
Termination of the employee’s services as a result of misconduct is a summary
dismissal in most circumstances which means a dismissal without notice. Such a
dismissal would be justified in terms of the Company policy and precedent and the
principles of the common law once due process has been followed and dismissal is the
appropriate sanction.
The employee must be informed of the reason for his/ her dismissal in writing and of his
/ her right to refer the matter to the CCMA or relevant Bargaining Council within 30 days.
,4. An employee’s duties and schedule of offences
4.1 At the commencement of the employment relationship, an employee incurs six duties
that need to be fulfilled throughout the employment relationship. These are:
● A duty to render services
Employees need to place their personal services at the disposal of their employer
during work hours. A failure to do so is in breach of the contract of employment and if it
is without a valid reason or permission, the employer has the right to discipline an
employee accordingly. Employees also have the responsibility in terms of the
employment contract to contact their employer in advance should they not be able to
render their services when required to do so. Non compliance in that regard is failure
on the employee’s part to demonstrate acceptable conduct.
● A duty to maintain reasonable efficiency
Employees have a positive duty to deliver work of an acceptable standard and within a
reasonable time frame. Failure to do so will constitute misconduct only once the
employer can prove that the employee is capable of performing the tasks allocated to
him or her. If the employee cannot deliver work of an acceptable standard due to an
inability to do so, then the employer should adopt the Incapacity due to Poor Work
Performance procedure which significantly differs to misconduct procedures indicated
below.
● A duty to demonstrate acceptable conduct and to refrain from misconduct in
general
Throughout the employment relationship employees should always endeavour to
refrain from misconduct in general by demonstrating acceptable conduct towards clients,
fellow employees, management, the public and overall environment. Such conduct must
uphold the image of the business at all times and not be detrimental to the maintenance of
good order within the workplace. Failure to demonstrate tolerable conduct is deemed as
serious and warrants disciplinary action.
Employees also have to ensure that when placing their services at the disposal of the
employer, they are to be in a proper mental and physical state. Reporting for duty under
the influence of any intoxicating substance is unacceptable and regarded as a very
, serious offence. Should it be as a result of a dependency problem, the Company will
provide reasonable assistance to the employee in terms of the incapacity procedure; it
should be noted however that reporting for duty under the influence of any intoxicating
substance is a very serious offence and employees in breach of this rule will be dealt
with in terms of the disciplinary code.
● A duty to be respectful and obedient
It is an automatic consequence that the employee is under the control of the employer
in terms of the contractual powers related to the employment relationship. The
employer therefore has the right to draft and implement policies and procedures as
well as issue instructions that determine the way work will be conducted, provided it is
lawful and reasonable. If the employee fails to comply or carry out these policies,
procedures and instructions with obedience and respect, it is a material breach of the
contract of employment and the employee renders himself / herself liable for
disciplinary action and in severe cases, dismissal.
● A duty to act with honesty and integrity
Trust and confidence is an essential component of the employment relationship
between the employer and employee. The employee therefore has to ensure that he or
she maintains a high level of integrity and honesty when dealing with the Company, its
clients and its fellow colleagues. A failure to act with honesty and integrity could render
the trust relationship irreparable thus making the employment relationship intolerable,
which may justify termination.
● A duty to further the employer’s business interest and to act within good faith
Employees must endeavour to devote their interests, skills and energies to furthering
the Company’s business interests. Any form of conduct that intentionally places an
employee in a situation where their own interests or the interests of others that they are
furthering, conflicts with those of the employer may render the employment relationship
intolerable and may justify disciplinary action.
4.2. The disciplinary code must not be seen as an independent document. The applicable
provisions of the disciplinary procedure must be adhered to ensure the fair and just
application of discipline within the Company.
,4.3. The action as reflected in the columns represents the proposed disciplinary action that
may be applied, depending on the nature/type of breach and how many times it has
been committed by an employee.
4.4. If the chairperson of a disciplinary hearing is of the opinion that there are valid mitigating
factors, he/she may recommend a lesser penalty.
4.5. The schedule of offences and proposed actions indicated below merely serve as a
guideline and do not constitute inflexible rules that have to be followed to the letter.
4.6. The circumstances and merits of each individual case must be taken into account and
the chairperson and/or manager is expected to use his/her discretion in making a value
judgment. Therefore, deviations from the disciplinary code will be permitted where
mitigating and / or aggravating circumstances warrant such deviation.
4.7. It is further impossible for the Company to list each and every offence that an
employee may commit in the workplace and therefore the Company reserves the right
to amend this code and / or charge an employee with an offence that although not
contained within this schedule, is deemed an offence in terms of the common law,
Company policy and acceptable practice.
WORD KEY
VR - Verbal reprimand
1WW - First written warning
2WW - Second written warning
FWW - Final written warning
DISM - Dismissal
,DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCE
S
4.7.1 (A) Failing to render service offences
A1. Unauthorized Absenteeism/leave
Refers to Unauthorized Absent for 1 1WW 2WW FWW DISM
be absent absence in that day
from work between (date) and
without (date) you were
permission absent from work
and without permission
without a 2WW FWW DISM
reasonable Note 1: Refer to the Absent for
excuse ,or failure to follow 2days
a medical company policy and Absent for 3- FWW DISM
certificate procedure in D5 for 4 days
possible additional
charges
Absent for 5 DISM
days or
Note 2: Refer to
longer
desertion act of
absconding in A5 for
alternative charge for
absence longer than
five days
Note 3: for absence
due to illness, a
medical certificate
must be produced for
absence longer then
two days; when the
employee is absent
the day before or
after an off day, in
order to be
remunerated even
though the employee
is entitled to payment
for absence within
the requirements as
per the basic
condition of
employment Act, the
employer still
requires a valid
medical certificate or
else the employee
faces disciplinary
,A2 Timekeeping
action if they are
absent without
permission or
authorization.
Refers to the failure Poor time keeping in Poor time keeping VR 1WW 2WW FWW DISM
of an employee to that on the (date) you failure to adhere to
comply with his/her arrive late for work; or stipulate starting
obligations in terms Poor timekeeping in that and end times
of stipulated work on the (date) you were including but not
hours late arriving back from limited to starting
lunch; times and break
periods, reporting
Or late for work leaving
work early taking
Continuous poor time excessive breaks
keeping in that on the that are longer than
(various dates) you were permitted not
late for work etc. proceeding to the
workplace or work
Note 1: refer to failure to station.
follow company policy
and procedure in D5 for
possible additional;
charge.
, A3. Sleeping on duty
Refers to sleeping Sleeping on duty in that on 1WW 2WW FWW DISM
at workplace when (date) you were found
contractually asleep at your workstation
obligated to render during working hours.
service
Note 1: if an employee is
found sleeping during his
or her lunch hour or tea
breaks, no action can be
taken. Find our reasons as
to why it could be as a
result of intoxication or
illness,
A4. Desertion of post
Absence from Desrertion of post in that An employee leave FWW DISM
workstation without on the (date), at his/her allocated
permission and or a approximately (insert date) post/work station
valid reason with you deserve your without permission
intention of not workstation without .
returning until the permission and or a valid
next allocated shift reason
or workday. Refers
to a longer period
than Merly absence
from work station
A5. Desertion and or the act of absconding from work
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