The Code Of Good Practice: Dismissal

The Code of Good Practice recognises the employer’s common law right to discipline employees. It does this indirectly by requiring in Item 3(1) that “...all employers should adopt disciplinary rules that establish the standard of conduct required of the employees."

If an agreed disciplinary code exists in the workplace, Item 1(2) of the Code stipulates that disciplinary action against employees must comply with the disciplinary code and procedure. However, if the disciplinary code was unilaterally introduced by the employer, or if no such code exists, regard must be given to the Code’s provisions. In other words, the employer’s own disciplinary code must be measured against the provisions of the Code or, if it has no disciplinary code, the Code will constitute the minimum guidelines for discipline in the workplace.