Corrective Or Progressive Discipline

The Code of Good Practice emphasises the concept of corrective or progressive discipline. Item 3(2) requires that the employer should try to correct employees’ behaviour through a system of graduated disciplinary measures such as counselling and warnings.

The Code therefore requires compliance with notions of progressive discipline. This means that correcting behaviour must be emphasised and, therefore, that there should, as a general rule, be a system of warnings. 

Progressive discipline is the process of using increasingly severe steps or measures when an employee fails to correct a problem after being given a reasonable opportunity to do so. The underlying principle of sound progressive discipline is to use the least severe action that you believe is necessary to correct the undesirable situation. Increase the severity of the action only if the condition is not corrected.

Essential Elements of Each Progressive Discipline Step

Disciplinary actions are often overturned completely or reduced to a lesser level when any of the essential elements of progressive discipline are missing.

• The employee is explicitly informed of the unacceptable behaviour or performance and is given specific work-related examples. It is not sufficient to assume that the employee knows what the problem is.
• Explain acceptable behaviour or performance standards and give the employee reasonable time to comply. This may be a longer time frame if a skill needs to be learned or a shorter time frame if it is a behaviour to be changed.
• The employee is informed of the consequences of failing to comply. This is not a threat, rather it gives the employee reasonable expectations of the consequences if change does not occur.

These three essential elements need to be present at each step of progressive discipline and are discussed prior to taking disciplinary action.

Deciding On Fairness

In terms of describing the meaning of fairness it is generally agreed that an action or behaviour will be considered fair if there is balance between the parties, if both parties received equitable treatment, if there is conformity with universally accepted standards, and if consistency is exhibited. These are merely pointers to fairness. The concept is so laid with nuances and subjective assessments and its interpretation so dependent on circumstances that it would be virtually impossible to establish delimited standards of fairness.