The Interpretation Of Disciplinary Codes

Different opinions exist about the manner in which disciplinary codes must be interpreted. In a number of instances, the courts have interpreted codes in the same way as contracts. The employer was usually therefore held to the terms of the code.

However, the courts were prepared to interfere where the employer’s ‘standard of industrial justice’ (in the disciplinary code) fell short of the standard which the courts felt should have applied under the circumstances. Where the standard applied by the employer was higher than that which the courts would have applied, they refused to intervene ‘as a matter of course’.

As a rule, the courts follow a less strict approach, recognising a certain scope for the employer’s deviation from its own disciplinary code. 

It is impossible for an employer, when drafting a code, to anticipate and prepare for all offences that might be committed. It is equally impossible to determine a penalty for a specific offence that will be fair under all circumstances. Nevertheless, when the employer chooses a penalty, it must be one that is fair under the circumstances. 

Therefore, in an attempt to ensure that all employees are aware of the various behaviours that are unacceptable to an employer, it is general practice to set up a Disciplinary Code, setting out the various unacceptable behaviours/offences together with the possible sanction for acting in such a way and to ensure proper communication to all stakeholders.