Disciplinary Action: Know Your Rights and Responsibilities

Disciplinary Procedure

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, employees have 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, by a fellow employee or a trade union representative.
• 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.

Anisha Naidoo | Human Resources Manager