Classification Of Offences

Offences are classified according to their relative severity and their effect on the organisation. The classification of offences is therefore based on:

• The offence itself
• The nature of the work and the position within the organisation occupied by the employee concerned
• The actual or potential consequences of the offence

Offences are usually classified into:

1. Minor offences
2. Serious offences
3. Very serious offences
4. Dismissal offences

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Transgression that may Justify Dismissal for a First Offence

• Dishonesty or fraud
• Bribery or corruption
• Giving false evidence
• Theft
• Fighting on company grounds
• Assault on company grounds
• Incitement
• Intimidation
• Sabotage
• Unprotected strikes
• Carrying dangerous weapons on company grounds
• Gross insubordination

The practical implications of a system of corrective or progressive are set out in item 3(3) of the Code. The Code of Good Practice states that formal disciplinary procedures do not have to be invoked every time a rule is broken, and that informal advice and correction is the best way to deal with minor violations of work discipline. The employer may, for example, simply tell the employee there and then that the specific form of misconduct is unacceptable and provide the employee a chance to respond.

Repeated minor violations warrant warnings that may be graded accordingly to degrees of severity. For example, for a first offence, a verbal warning might be prescribed. A second occurrence of the same offence might warrant a first written warning. Repeated misconduct or more serious infringements may call for a final written warning or other action short of dismissal such as suspension without pay or demotion. Dismissal should be reserved for repeated offences or serious misconduct.

It has become common practice that a formal enquiry is not needed, when the sanction to misconduct ranges between a verbal warning and a written warning. The formal process (conducting a hearing) is a prerequisite in the event of the employee being charged with offences that could lead to possible final written warning or dismissal.