Guidelines for disciplinary procedure contents chapter item page no. If the employee fails to attend the hearing and the chair concludes that the. 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. It is the line managers responsibility to invoke the procedure, in conjunction with the local hr department. Fairness has two distinct but interlinked components. It is, however, important that the rights of the accused be acknowledged see par 5. Employers should not be blind to the fact that labour disputes and other labour problems, despite the. Getting the disciplinary hearing right code of good. 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. Disciplinary hearings fair and unfair procedures south africa labour law. Disciplinary process of the south african police service. Stringent demands are made on south african airways technical to render an. The broad aim of the study was to assess the handling of disciplinary cases in the public service. May 10, 2014 this a sample of a grievance policy and procedure.
Disciplinary code of procedure policy mnquma local municipality. 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. Notwithstanding anything else contained in this code, misconduct can even on a first transgression give rise to dismissal, suspension or demotion. With regard to procedural fairness, this disciplinary code and procedure must be followed as far as is reasonably possible and practicable. 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.
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. In south africa the legislative framework is contained in the constitution of the republic of south africa. Consult your attorney or labour specialist to design a document that better suits your companys needs grievance policy and procedure 1. Not all employers have a disciplinary code of conduct. The organisation has a total number of 879 full time and part. As such, disciplinary sanctions should be imposed progressively, as set out below in the disciplinary code. St peters college code of conduct and disciplinary procedure 1.
Constitution of the republic of south africa, act 108 of 1996 the constitution is the basis for all laws in the country. 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. 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. Legislative and policy framework this policy draws its mandate from the following legislations and prescripts. If you are not yet registered, please register below. Disciplinary procedures south african council for educators.
The disciplinary code is regarded as a guideline and its interpretation must be adequately flexible in order to adjust to various circumstances. It aims to regulate the behavior of employees of an organization. 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. 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. Relevant case law in general suggests that disciplinary codes and procedures should advocate the adherence of disciplinary enquiries to a fair procedure. Industrial relations is the management of the relationship between employers, unions and employees, within a legislative framework. The effectiveness and consistency of disciplinary actions and procedures within a. The statements made during the grievance procedure can be used during the disciplinary procedure and therefore do not have to be made again. Inform the employee of the disciplinary hearing at least five working days before it is to take place see example at annexure d. A grievance must be lodged in writing and all decisions taken during the process must be in writing. The disciplinary procedure comprises an informal and a formal procedure. Disciplinary policy what is a disciplinary policy and how does it work. 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. Sources of discipline and dismissal law certain statutes in south africa are our primary.
Acfe sa disciplinary procedure disciplinary procedures formal complaints effective 1 april 2014 1. When holding a disciplinary hearing, it is vital that the employer follow the correct procedure and have sufficient proof. Pdf disciplinary procedures are used to correct behaviour which contradicts. However, as the code is based on progressive discipline, due consideration must be given to. This paper provides an overview of legislative measures applied in handling grievances and disciplinary matters in the workplace from the south african perspective. Pdf the effectiveness and consistency of disciplinary actions.
The general view that disciplinary policies should not be instruments of punishment but rather fair procedures to be implemented in correcting. Disciplinary code and procedures south african board. Steps to follow when holding a disciplinary hearing lwo. 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. The disciplinary procedure is invoked when disciplinary rules of mhr are transgressed. Council hereby adopts the following as its disciplinary code for students of stellenbosch university. It is often the small employer that does not have a code of conduct and who employs more informal disciplinary measures. Disciplinary tribunal shall be established to conduct the enquiry. This booklet discusses disciplinary policy and procedure under the following headings. Procedure for learner discipline it is important to ensure fairness and not just lawfulness in learner discipline. Disciplinary procedure collective agreement south african. It is accepted that a disciplinary code and procedure are necessary for the efficient running of company business, the.
Disciplinary procedures ccma pdf labour law south africa. A stepbystep guide how to conduct a disciplinary hearing. South africa by all employers and by all employees who falls within the. Disciplinary hearings, fair procedures, labour relations. The role of the disciplinary code pdf labour law south. Disciplinary procedures do not replace or seek to imitate court proceedings. Disciplinary hearings, fair procedures, labour relations act.
The employer would be required to pay a prescribed fee. 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. Constitution of the republic of south africa act no. The following were the specific objectives of the study. Forms of misconduct in the workplace necessity for a. The aim of disciplinary action should be to correct behaviour. It may not be sold or replicated for purposes of redistribution or for gain. The prescribed local procedure varies from merely allowing the employee an informal opportunity to state a case, on the one extreme, and a quasijudicial. You will also find free hr policies, an hr careers page, an events calendar and interesting hr articles and industry updates. The effectiveness and consistency of disciplinary actions. 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.
I, maleho moses lekgela, declare that disciplinary codes and procedures. This procedure should not substitute disciplinary procedures subject to collective agreements. 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. A disciplinary procedure contains a formal code of conduct for employees and. Appeal procedure what appeals can be made against disciplinary outcomes.
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. Purpose to provide for a student disciplinary code and procedure. South africa s labour market is highly regulated, which makes it crucial for employers to continuously comply with labour law. Comparative study at three south african universities, is my own work both in. 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. These cases shows us that while the code of good practice. Disciplinary procedure what is a disciplinary procedure and how do we go about it.
Type of document rules accessibility general external and internal. 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 africa. Schedule 8 of the lra further stipulates that all employers should adopt disciplinary rules that establish the standard of conduct. Industrial relations retrenchments disciplinary disputes. Where it is alleged or suspected that an investigate the case. A grievance is any feeling of dissatisfaction or perceived. 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. Common mistakes employees make during disciplinary hearings. Assess the level of awareness of legislative frameworks and understand the manner in which disciplinary cases are handled in departments. 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. Pdf legislation and employment relations in south africa.
Clear rules and procedures in the workplace creates order and an environment receptive to growth. What are the perceived problems that employees have regarding the companys disciplinary procedure. However, as the code is based on progressive discipline, due consideration must be given to the seriousness of the alleged offence. Disciplinary procedure collective agreement circular no 01. 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. 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. 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. Relations act 66 of 1995, all other due labor laws of south africa as well as the constitution of the republic of south africa. South africa by all employers and by all employees who falls within the registered scope. 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.
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