A Disciplinary Code is an internal document that the employer of the business drafts. The rules of conduct are underlined in this document, and the suggested penalties for contravening these rules are listed.
Schedule 8 of the Labour Relations Act deals with disciplinary rules and procedures.
Schedule 8 section 3 (1) states that:
“All employers should adopt disciplinary rules that establish the standard of conduct required of their employees. The form and content of disciplinary rules will vary according to the size and nature of the employer’s business. In general, a larger business will require a more formal approach to discipline. An employer’s rules must create certainty and consistency in the application of discipline. This requires that the standards of conduct are clear and made available to employees in a manner that is easily understood. Some rules or standards may be so well established and known that it is not necessary to communicate them.”
The CCMA on their website states that the purpose of a Disciplinary Code and procedure is:
“To regulate standards of conduct and incapacity of employees within a company or organisation. The aim of discipline is to correct unacceptable behaviour and adopt a progressive approach in the workplace. This also creates certainty and consistency in the application of discipline.”
From the abovementioned – when drawing up and implementing the business Disciplinary Code (Code of Conduct) – the following must be taken into consideration:
- The offences need to be clearly defined;
- The suggested penalties need to be clearly described (a progressive approach will be applicable in less serious charges);
- The disciplinary rules need to be fair and reasonable;
- The Disciplinary Code must be made available to all employees;
- The Disciplinary Code must be communicated to all employees in a manner that is easily understood;
- The rules have to be consistently applied to all employees.
If an employer wants to deviate from the Disciplinary Code, he/she must have a solid and legally acceptable reason to do so.
When drafting a Disciplinary Code, it is imperative that it is done right. Faulty Disciplinary Codes may have severe consequences when implemented. It is crucial that you appoint a legal expert to help you draft your Disciplinary Code, and provide training to management in the interpretation and the implementation of the Disciplinary Code.
Contact your SEESA Labour Legal Advisor to assist your business with any Disciplinary related queries you might have alternatively, SMS the word “SEESA” to 45776 for an expert legal advisor to contact you.
About the Author:
Nathan Marais started his career at SEESA in 2016 and is currently a BEE and Labour legal advisor at SEESA’s Kimberley branch. He obtained his LLB degree from the University of the Free State in 2013 and completed the Law Society of South Africa’s practical legal training course thru UNISA in 2014.
References:
- www.ccma.org.za
- Schedule 8 of Labour Relations Act CODE OF GOOD PRACTICE: DISMISSAL [Schedule 8 amended by s. 57 of Act No. 42 of 1996 and by s. 56 of Act No. 12 of 2002.]