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Not sure how to set out sanctions for misconduct in your disciplinary code? Use this seven step guide

by , 19 September 2014
One thing employers struggle with is setting out sanctions for misconduct in their disciplinary code.

As a result, they end up applying unfair sanctions and, when this happens, land up at the CCMA for unfair labour practices.

The good news is you don't have to struggle.

If you're not sure how to set out sanctions for misconduct in your disciplinary code, use the guidelines below so you can ensure discipline is fair.


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Use these guidelines to set out sanctions for misconduct in your disciplinary code


#1: Offence (description): Arriving late for work at the beginning of the day or after a meal interval.
First offence: Verbal warning.
Second offence: Written warning.
Third offence: Final written warning.
Fourth offence: Dismissal following a disciplinary hearing.

#2: Offence (description): Sleeping on duty.
First offence: Written warning.
Second offence: Final written warning.
Third offence: Dismissal following a disciplinary hearing.

#3: Offence (description): Conduct that can lead to unharmonious relationships within the workplace.
First offence: First written warning.
Second offence: Final written warning.
Third offence: Dismissal following a disciplinary hearing.

#4: Offence (description): Call avoidance. Intentionally dropping calls or putting customers on hold inappropriately. As a result, the company loses customers.
First offence: First written warning.
Second offence: Final written warning.
Third offence: Dismissal following a disciplinary hearing.

#5: Offence (description): Nonproductive or unsatisfactory work output.
First offence: Verbal warning
Second offence: Written warning.
Third offence: Final written warning.
Fourth offence: Dismissal following a disciplinary hearing.

#6: Offence (description): Unlawfully accessing information available on company computers or networks. For example, attempting to 'hack' into other systems or another person's login.
First offence: Dismissal following a disciplinary hearing.

#7: Offence (description): Gross dishonesty.
First offence: Dismissal following a disciplinary hearing.

There are endless offences that constitute to misconduct. This is just a guide.

The important points are that dismissal isn't usually fitting for a first offence, unless it's very serious. In addition, discipline shouldn't be seen as punishment, it's more of a corrective action.

So always remember these points when you set out sanctions for misconduct in your disciplinary code. It will go a long way in ensuring discipline is fair.
 
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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