4 005 704

Cases referred to the CCMA since 1996

188 619

Total referrals (2023/24FY)

Unfair dismissal

accounted for 52% of all referrals (2023/24FY)

Safety/Security

highest referring sector (2023/24FY) 17% 

1,564Cases referred to the CCMA since 1996

1,032Total referrals (2021/22 FY)

45%Referrals by issue (2021/22)

25%Referrals by sector (2021/22)

Disciplinary procedures

The purpose of a disciplinary code and procedure is to regulate standards of conduct of employees within a company or organisation. The aim of a workplace disciplinary code is to provide mechanisms to correct unacceptable behaviour and to create certainty and consistency in the application of discipline. Disciplinary procedures need to be fair.  Disciplinary procedures may also be included in a collective agreement.

The employer needs to ascertain that all employees are aware of the rules and the reasonable standards of behaviour that are expected of them in the workplace.

The employee needs to comply with the disciplinary code and procedures at the workplace. The employee also needs to ensure that he/she is familiar with the requirements in terms of the disciplinary standards in the workplace.

There is a difference between disciplinary action and counselling. Counselling will be appropriate where the employee is not performing to the required standard or is not aware of a rule regulating conduct and/or where the breach of the rule is relatively minor and can be condoned.

Disciplinary action will be appropriate where a breach of the rule cannot be condoned, or where counselling has failed to achieve the desired effect.

Before deciding on the form of discipline, management must meet the employee in order to explain the nature of the rule s/he is alleged to have breached. The employee should also be given the opportunity to respond and explain his/her conduct.

Disciplinary action can take a number of forms, depending on the seriousness of the offence and whether the employee has breached the particular rule before. The following forms of discipline can be used (in order of severity):

  • Verbal warning;
  • Written warning;
  • Final written warning;
  • Suspension without pay (for a limited period);
  • Demotion, as an alternative to dismissal only; or
  • Dismissal

The employer should establish how serious an offence is, with reference to the disciplinary rules. If the offence is not very serious, informal disciplinary action can be taken by giving an employee a verbal or written warning. The law does not specify that employees should receive any specific number of warnings, and dismissal could be an appropriate sanction for a first offence in the case of serious misconduct, such as gross dishonesty, assault and gross insubordination. Employers should however apply progressive disciplinary measures for offences that are not serious enough for dismissal for a first offence.

Depending on an employer’s policy, written warnings will usually remain valid for 3 to 6 months, and final written warnings for 12 months. A warning for one type of contravention is not applicable to another type of offence. In other words, a first written warning for late-coming should not lead to a second written warning for insubordination. Progressive discipline means that an employee who commits the same or similar offence after receiving a disciplinary sanction should be subject to the next level of disciplinary action. Note, however, that the sanctions of suspension without pay and demotion are exceptional steps and would not necessarily constitute a required disciplinary step. Thus an employee who receives a final written warning for a particular offence will normally be dismissed if he/she commits the same offence again within the period of validity of the warning.

Employees will be requested to sign warning letters and will be given an opportunity to state their objections, should there be any. Should an employee refuse to sign a warning letter, this does not make the warning invalid. A witness will be requested to sign the warning, stating that the employee refused acceptance of the warning. Depending on the employer’s policy, employees may be entitled to appeal against a warning (or other disciplinary sanction) and in the absence of an appeal process they may refer a dispute to the CCMA or bargaining council having jurisdiction.

Dismissal is reserved for the most serious offences and must be preceded by a fair disciplinary enquiry, unless an exceptional circumstance results in a disciplinary enquiry becoming either an impossibility (e.g. the employee absconded and never returned) or undesirable (e.g. holding an enquiry will endanger life or property).

An enquiry should be held as soon as reasonably possible after the employer becomes aware of the alleged disciplinary offence. An employee may be suspended on full pay pending a hearing especially in instances when the employee’s presence may jeopardise any investigation or constitute a threat to the health and safety of other employees or to the assets of the employer. The employer should give the employee not less than 48 hours’ notice of the enquiry and the letter should include:

  • The date, time and venue of the hearing
  • Details of the charges against the employee
  • The employee’s rights, including the right of representation at the hearing by either a fellow employee or shop steward.

Note: If the employer intends disciplining a shop steward, the employer must consult with the union on the intention to discipline the shop steward before serving notice to attend the enquiry.

  • A chairperson
  • A management representative
  • The employee
  • The employee representative (if required)
  • Any witnesses for either parties (should only attend while giving evidence)
  • An interpreter if required by the employee
  •  

The hearing need not be formal. The employer should lead evidence related to the allegations and the employee is then given an opportunity to respond. The chairperson may ask any witnesses questions for clarification. Once both versions have been heard, the chairperson decides whether, on a balance of probabilities, the employee has committed the misconduct as alleged. If misconduct is established, the chairperson may ask both parties to make submissions on the appropriate disciplinary sanction. The chairperson must then decide what disciplinary sanctions to impose and inform the employee accordingly.

If the employee fails to attend the hearing without good cause, the hearing may continue in the absence of the employee.

Note: Where a disciplinary procedure is prescribed by a collective agreement or in terms of a policy or contract of employment, this should be followed, unless justifiable and fair reasons exist to deviate in some way from this. 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 (“Inquiry by Arbitrator”). For more information on this process, please see discussion below.

Item 4 of the Code of Good Practice: Dismissal (Schedule 8 to the Labour Relations Act) sets out the minimum standard of procedural fairness required.

Refer a Dispute More

LRA7.13: Request For Arbitration (Demarcation Disputes (Section 62 Must Be
Processed On LRA Form 3.23)

142 KB

Rescission Application Form

77 KB

Condonation Application Form

71 KB

Relevant Resources More

Notice Of Objection To Arbitration By The Same Commissioner

1.68 MB

What is unfair labour practice?

55 KB

Request for Arbitration

55 KB

Referring A Dispute To the CCMA for Conciliation

1.68 MB