Disciplinary Procedure

Disciplinary procedure is aimed at finding ways of correcting unacceptable behaviour and or performance.  It is corrective action that is initiated by management in response to unacceptable employee performance or behaviour.

Stage 1: Counselling

Under normal circumstances, if an employee breaches a rule/regulation/perform unsatisfactory behaviour, the supervisor should identify the unacceptable practice or behaviour.

The supervisor should then inform and remind the employee of what is correct and the required action for correction and prevention of re-occurrence.

The employee must be made aware that further misconduct/inadequate performance could lead to more strict action being taken against him/her.

Verbal counselling need not to be recorded. It is, however, advised that notes are kept of the counselling process and outcome.

Stage 2: Written Warning

The supervisor must deliver a handwritten notification to the employee at least three working days prior to the meeting.

A written warning may be given when attempts at correction, as detailed in stage 1, has failed or where breach a of behaviour/unsatisfactory performance is of such extent that a verbal explanation/counselling would not be adequate.

The supervisor must allow for a discussion to take place where the employee will be entitled to state his/her case whereupon the supervisor may issue a written warning. A co-worker may represent the employee on his request.

The supervisor must make it clear that formal disciplinary action is being taken.

It is expected that the employee will sign for the written warning.

A copy should be given to the employee and a copy should be kept on file.

Should the employee be dissatisfied with the written warning he/she should make representation within 5 days after receiving the warning.

The manager should then address the concerns with the employee within 20 days.

Should the employee remain unsatisfied, he should be entitled to declare a dispute and refer this to the CCMA for reconciliation/ mediation or arbitration.

Written warnings will remain in force for six months after being issued.

Stage 3: Formal inquiry

A formal disciplinary inquiry must be conducted when an employee has a valid written warning for the same offence or when the transgression is of a serious nature.

An employee will receive a formal written notification to attend the said inquiry (three to a maximum of 10 days’ notice).

The charges against the employee must be specific and clearly formulated.

The initiator will confine his case to these charges only.

Sufficient information must be provided to the employee and his representative to enable the employee to prepare for the inquiry.

Click here to view a video on discipline at work.