Discipline and Dismissal



 
Under normal circumstances disciplinary action will be applied progressively. This implies that repeated similar or related offences may result in more serious disciplinary action. However, it is important to note that depending on the nature and seriousness of the transgression, it is possible that a first transgression can result in serious disciplinary action.

 

 

Validity duration of warnings

The following may serve as guidelines:

  • A verbal warning will usually be valid for three months.
  • Written warnings will usually be valid for a period of six months.
  • At the expiry of warnings, the warning must be removed from the employee's personnel records

 
 

Employee rights towards disciplinary procedure.

Amongst others employee's has the right to:

  • Be informed about an investigation if he/she is the subject thereof and that the results may be issued in the disciplinary enquiry.
  • Access to documents produced in evidence;
  • A fair hearing;
  • Be represented;
  • Be heard, in terms to lead evidence etc.;
  • Call witnesses;
  • Cross- examine witnesses;
  • An interpreter, if necessary;
  • Written reasons for decisions;
  • Plead in mitigation;
  • Appeal in terms of the internal remedies.

 
 

Employer rights towards disciplinary procedure.

Amongst others the employer has the right to:

  • Discipline employees.
  • Suspend employees.
  • Appoint a Chairperson and Initiator.
  • Lead evidence.
  • Call witnesses.
  • Cross-examine witnesses.
  • Argue aggravating circumstances.
  • Consider and impose an appropriate sanction.
  • Access to document produced in evidence.

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

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Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

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Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

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Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

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Courses and Workshops

 

                                         

 
 

Compensation for Occupational Injuries and Diseases Course

22 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

12 September 2019

Southern Sun: Maharani Towers: Durban

Employment Equity Committee Training

23 August 2019

Emperors Palace: Convention Centre

29 August 2019 (Fully Booked)

Tsogo Sun: Century City: Cape Town

30 August 2019

Tsogo Sun: Century City: Cape Town

Shop Steward Training

28 August 2019

Emperors Palace Convention Centre

Basic Labour Relations

04 September 2019

Emperors Palace: Convention Centre

The OHS Act and the Responsibilities of Management

13 September 2019

Southern Sun: Maharani Towers: Durban

19 September 2019

Emperors Palace: Convention Centre

  

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