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Eight rules to live by when it comes to conducting disciplinary procedures

by , 09 September 2014
While you have a right to have a set of rules that govern your employee's behaviour and conduct, you need to act in a legal manner when you discipline them.

If you don't, you'll open the door to all sorts of nasty legal disputes. This means running your company will have to take a backseat as you prepare for endless trips to the labour court or CCMA.

Don't take that risk, stick to the law.

Here are eight rules to live by when it comes to disciplinary procedures - stick to them and you WILL avoid nasty labour disputes.


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If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today

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Here are the eight rules to remember when it comes to disciplinary procedures


According to the Practical Guide to Human Resources Management, all disciplinary procedures must:

Rule #1: Be in writing;

Rule #2: Specify to whom they apply;

Rule #3: Allow for you to deal with matters promptly;

Rule #4: State the disciplinary actions which you'll take;

Rule #5: Specify the authority of each level of management to carry out disciplinary measures;

Rule #6: Ensure that employees are aware there's a complaint against them and allow them to state their case before you make any decision.

Rule #7:  Make sure that no one takes action until you have done a full investigation; and

Rule #8: Make sure that you don't dismiss an employee for a first breach of discipline except in the case of gross misconduct. In this case, the penalty will be dismissal without notice or payment in lieu of notice.

There you have it. Sticking to these eight rules will help ensure your disciplinary procedures are above board. As a result, you'll avoid nasty labour disputes.

If you have any questions about disciplinary procedures, be sure to ask our labour experts at the Labour&HR Club.

PS: We strongly recommend you check out the "You're Fired!" Your guide to substantive and procedurally fair dismissals. It has all the information you need to make sure your dimissals are legally compliant.



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