Disciplinary code and procedures south african board. The prescribed local procedure varies from merely allowing the employee an informal opportunity to state a case, on the one extreme, and a quasijudicial. Disciplinary hearing procedure disciplinary enquiry checklist by d h myburgh balaw, b proc, llb, llm labour law thank you for downloading this handy chairmans stepbystep guide on how to conduct disciplinary hearings in south. When holding a disciplinary hearing, it is vital that the employer follow the correct procedure and have sufficient proof. Legislative and policy framework this policy draws its mandate from the following legislations and prescripts. Labour guide your guide to labour law in south africa.
A stepbystep guide how to conduct a disciplinary hearing. The employer would be required to pay a prescribed fee. Consult your attorney or labour specialist to design a document that better suits your companys needs grievance policy and procedure 1. Common mistakes employees make during disciplinary hearings. However, as the code is based on progressive discipline, due consideration must be given to. A grievance is any feeling of dissatisfaction or perceived. Disciplinary code procedure regarding disciplinary action against staff in order to protect the interests of its staff and those of the institution, the university strives at all times to act ethically, transparently, equitably and within the rules of the labour law and the basic conditions of employment act. Forms of misconduct in the workplace necessity for a. Constitution of the republic of south africa, act 108 of 1996 the constitution is the basis for all laws in the country.
No law requires employers to have a code, however, all employers must comply with the rule test before it can discipline or dismiss an employee. Disciplinary tribunal shall be established to conduct the enquiry. Notwithstanding anything else contained in this code, misconduct can even on a first transgression give rise to dismissal, suspension or demotion. All employees will be asked to familiarize themselves with these rules and the possible outcomes of any transgression. Not all employers have a disciplinary code of conduct. These cases shows us that while the code of good practice. Disciplinary process of the south african police service. Disciplinary policy what is a disciplinary policy and how does it work. Hold the hearing within 10 working days of having notified the employee of the pending disciplinary procedure suspension an employee may be suspended for purposes of a disciplinary enquiry. Disciplinary procedure collective agreement circular no 01. The aim of disciplinary action should be to correct behaviour. Disciplinary procedure collective agreement south african.
This booklet discusses disciplinary policy and procedure under the following headings. Disciplinary procedures ccma pdf labour law south africa. Since the introduction of the new labour relations act lra of 1995 into south african labour legislation, the professional management of discipline at company level continues to be crucial. It aims to regulate the behavior of employees of an organization. Where minor instances of misconduct or initial concerns about performance are identified by your line manager, it is the normal expectation that they will be dealt with informally. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. Parties can also request, by mutual consent, the ccma or a bargaining council to appoint an arbitrator to conduct a final and binding disciplinary enquiry.
Purpose to provide for a student disciplinary code and procedure. Disciplinary hearings fair and unfair procedures south africa labour law. All members of the association of certified fraud examiners and the south african chapter acfe sa must at all times display responsible, professional, and socially accepted behaviour in the execution of their duties. Type of document rules accessibility general external and internal. With regard to procedural fairness, this disciplinary code and procedure must be followed as far as is reasonably possible and practicable. Pdf legislation and employment relations in south africa. Where it is alleged or suspected that an investigate the case. The disciplinary procedure is invoked when disciplinary rules of mhr are transgressed. Disciplinary code of procedure policy mnquma local municipality. Pdf the effectiveness and consistency of disciplinary actions. However, as the code is based on progressive discipline, due consideration must be given to the seriousness of the alleged offence. Comparative study at three south african universities, is my own work both in. It is, however, important that the rights of the accused be acknowledged see par 5.
The broad aim of the study was to assess the handling of disciplinary cases in the public service. The general view that disciplinary policies should not be instruments of punishment but rather fair procedures to be implemented in correcting. Fairness has two distinct but interlinked components. It is obvious that no employee may be disciplined for breaking a rule that heshe was not aware of in the first place, and therefore it is essential that the employers disciplinary code and procedure be communicated to all employees in writing, in a language that the employees can clearly understand. It is the line managers responsibility to invoke the procedure, in conjunction with the local hr department. If a sheriff commits improper conduct that is also a criminal offence, the criminal procedure and the disciplinary procedure will continue as separate and different.
You will also find free hr policies, an hr careers page, an events calendar and interesting hr articles and industry updates. A disciplinary procedure contains a formal code of conduct for employees and a set of guidelines or rules, which regulate the procedure s to be followed when disciplinary action becomes necessary for breach of that code of conduct. If you are not yet registered, please register below. Section 118 of the labour relations act 66 of 1995 lra stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice employers should have a disciplinary code. It is accepted that a disciplinary code and procedure are necessary for the efficient running of company business, the.
South africa by all employers and by all employees who falls within the registered scope. It may not be sold or replicated for purposes of redistribution or for gain. Relevant case law in general suggests that disciplinary codes and procedures should advocate the adherence of disciplinary enquiries to a fair procedure. I, maleho moses lekgela, declare that disciplinary codes and procedures. If the employee fails to attend the hearing and the chair concludes that the. Disciplinary procedures do not replace or seek to imitate court proceedings. The dissertation deals with the disciplinary process of the south african police service perceptions and preferences of members in the north rand area of the gauteng province. Stringent demands are made on south african airways technical to render an. The salgbc is established voluntarily in terms of the labour relations act, by agreement between the employer organization salga and trade unions parties imatu and samwu. South africa s labour market is highly regulated, which makes it crucial for employers to continuously comply with labour law. Pdf disciplinary procedures are used to correct behaviour which contradicts.
This procedure should not substitute disciplinary procedures subject to collective agreements. Getting the disciplinary hearing right code of good. As such, disciplinary sanctions should be imposed progressively, as set out below in the disciplinary code. Dismissals does not indicate what or how the disciplinary procedure needs to be conducted, it would seem to be that if the true function of the disciplinary hearing is adhered to, the procedure would be fair. A research question how members of the saps in the north rand area of the gauteng province perceive the disciplinary process is investigated in this study. Council hereby adopts the following as its disciplinary code for students of stellenbosch university. The disciplinary procedure comprises an informal and a formal procedure. The role of the disciplinary code pdf labour law south. Guidelines for disciplinary procedure contents chapter item page no. Industrial relations retrenchments disciplinary disputes. If disciplinary action is being taken against an employee, utilisation of this procedure by the employee to address any matter related to the disciplinary action shall not halt the disciplinary procedure. South africa by all employers and by all employees who falls within the.
Section 118 of the labour relations act 66 of 1995 lra stipulates that a dismissal must be for a fair reason and effected in accordance with fair procedure, taking into account any relevant code of good practice. The statements made during the grievance procedure can be used during the disciplinary procedure and therefore do not have to be made again. Industrial relations is the management of the relationship between employers, unions and employees, within a legislative framework. Disciplinary procedure what is a disciplinary procedure and how do we go about it. According to the labour relations act, section 188 stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employers operational requirements, and that the dismissal was effected. Any employee who has a grievance is entitled to make use of the grievance procedure. St peters college code of conduct and disciplinary procedure 1. Appeal procedure what appeals can be made against disciplinary outcomes. Acfe sa disciplinary procedure disciplinary procedures formal complaints effective 1 april 2014 1. May 10, 2014 this a sample of a grievance policy and procedure. The organisation has a total number of 879 full time and part. A disciplinary procedure contains a formal code of conduct for employees and. Disciplinary action must always be based on the seriousness and nature of the offence concerned as well as the circumstances under which it was committed and the principles of fairness and.
A disciplinary procedure contains a formal code of conduct for employees and a set of guidelines or rules, which regulate the procedures to be followed when disciplinary action becomes necessary for breach of that code of conduct. The effectiveness and consistency of disciplinary actions and procedures within a. The following were the specific objectives of the study. Steps to follow when holding a disciplinary hearing lwo. Any person who fails to attend a disciplinary hearing when summoned to do so, or fails to stay in attendance until excused by the disciplinary panel, commits an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding six 6 months. This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the south african perspective. Assess the level of awareness of legislative frameworks and understand the manner in which disciplinary cases are handled in departments. Before deciding on the form of discipline, management must meet the employee in order to explain the nature of the rule she is alleged to have breached. What are the perceived problems that employees have regarding the companys disciplinary procedure. Schedule 8 of the lra further stipulates that all employers should adopt disciplinary rules that establish the standard of conduct. Clear rules and procedures in the workplace creates order and an environment receptive to growth. Disciplinary hearings, fair procedures, labour relations act. Constitution of the republic of south africa act no.