The Origin of The Employer’s Right To Discipline

It is accepted that the employer has the right to maintain and enforce discipline in the workplace.

This right has its origin in the common law, more particularly in the contract of employment. It is an implied term in the contract of employment. It is also inextricably linked to the employee’s duty to obey all lawful and reasonable instructions. If the employer did not have the right to discipline an employee who does not comply with its lawful and reasonable instructions, the right to give instructions would be meaningless.

Originally, the employer’s right to discipline was determined by the common law. Today it is also regulated by the Labour Relations Act 66 of 1995 (the LRA) and the Code of Good Practice: Dismissal Schedule 8.