*What is SayPro’s disciplinary procedure?

organizations typically adhere to established disciplinary processes to ensure fairness and compliance with labor laws. Below is an overview of standard disciplinary procedures commonly followed by South African employers:

1. Establishing Clear Disciplinary Codes: Employers are advised to develop clear disciplinary codes that outline acceptable behavior and the consequences of misconduct. These codes should be communicated to all employees in a language they understand to ensure awareness and compliance.

Labour Guide

2. Progressive Discipline: Disciplinary action is generally applied progressively, meaning that repeated similar or related offenses may lead to more severe consequences. However, depending on the nature and seriousness of the transgression, a first offense can result in serious disciplinary action, including dismissal.

Labour Guide

3. Types of Warnings:

• Verbal Warning: Issued for minor transgressions and typically valid for three months.
• Written Warning: Given for more serious offenses or repeated minor infractions, usually valid for six months.
• Final Written Warning: Issued when previous warnings have not resulted in improved behavior or for serious misconduct.

At the expiry of warnings, they should be removed from the employee’s personnel records.

Labour Guide

4. Disciplinary Hearing Process: When serious misconduct is alleged, the following steps are typically followed:

• Notification: The employee is informed in writing about the details of the alleged misconduct, including the date, time, and place of the disciplinary inquiry. They are also informed of their rights, such as representation and the opportunity to present their case. Labour Guide
• Hearing: A formal hearing is conducted where evidence is presented by both the employer and the employee. The employee has the right to cross-examine witnesses and present their own evidence.
• Decision: After considering all evidence, the chairperson of the hearing makes a decision regarding the employee’s guilt or innocence and determines the appropriate disciplinary action.

5. Employee Rights: Employees have the right to:

• Be informed about investigations concerning them.
• Access documents produced in evidence.
• A fair hearing.
• Representation, including legal representation.
• Call and cross-examine witnesses.
• An interpreter, if necessary.
• Written reasons for decisions.
• Plead in mitigation.
• Appeal using internal remedies. Labour Guide

6. Employer Rights: Employers have the right to:

• Discipline employees.
• Suspend employees.
• Appoint a chairperson and initiator for hearings.
• Lead evidence and call witnesses.
• Cross-examine witnesses.
• Argue aggravating circumstances.
• Consider and impose appropriate sanctions. Labour Guide

7. Validity Duration of Warnings:

• Verbal warnings are typically valid for three months.
• Written warnings are usually valid for six months.
• After the expiry of warnings, they should be removed from the employee’s personnel records. Labour Guide

8. Serious and Very Serious Misconduct: In cases of serious misconduct, the employer will inform the employee in writing of a disciplinary inquiry into the alleged misconduct within a reasonable time after the alleged misconduct took place. The employee will be entitled to representation by a recognized trade union representative or a fellow employee