Disciplinary Code & Procedure

DISCIPLINARY CODE AND PROCEDURE ✓Employer name — effective Policy effective date

This code is issued in accordance with Schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations Act 66 of 1995 ("LRA"). The CCMA (Commission for Conciliation, Mediation and Arbitration) assesses whether a dismissal is fair by reference to this Code — a dismissal without a fair procedure broadly consistent with it will almost always be found procedurally unfair, regardless of whether the misconduct itself occurred.

1. STANDARDS OF CONDUCT 1.1. Misconduct classification

2. PROGRESSIVE (GRADUATED) DISCIPLINE 2.1. Progressive discipline steps 2.2. Item 3 of Schedule 8 requires progressive discipline for less serious misconduct — the purpose of discipline is to correct behaviour, not merely to punish. Gross misconduct may justify dismissal even on a first occurrence, after a fair hearing.

3. VALIDITY OF WARNINGS 3.1. A verbal warning (recorded in writing) remains active for Verbal warning validity (months) months. 3.2. A written warning remains active for Written warning validity (months) months. 3.3. A final written warning remains active for Final written warning validity (months) months. 3.4. A warning that has expired will not be relied upon when deciding the sanction for a further act of misconduct.

4. DISCIPLINARY HEARING PROCEDURE 4.1. Disciplinary hearing procedure 4.2. In line with item 4 of Schedule 8, the employee will be notified of the allegations in a form and language they understand, and given reasonable time to prepare (market practice: a minimum of 48 hours).

5. RIGHT TO REPRESENTATION 5.1. Right to representation

6. APPEAL 6.1. Appeal procedure

7. CONSISTENCY 7.1. The Employer will apply this code consistently — employees who commit similar misconduct in similar circumstances will, so far as reasonably possible, receive similar sanctions, as inconsistent treatment is a recognised ground of unfairness before the CCMA.

8. ACKNOWLEDGMENT 8.1. Every employee will be given access to this code and asked to acknowledge that they have read and understood it; the acknowledgment will be kept on the employee's personnel file.

⚠️ Approximately 145,000+ cases are referred to the CCMA each year, and unfair dismissal claims make up the large majority of them — the most common cause of an employer losing is a defective procedure (no warnings, no hearing, dismissal "on the spot"), not the absence of genuine misconduct. Compensation for an unfair dismissal can reach 12 months' remuneration (24 months' for an automatically unfair dismissal).

ACKNOWLEDGMENT OF RECEIPT Employee ______________ / Date ______________

— — — ⚠️ This is a boilerplate template, not legal advice. Employment, consumer-protection, data protection, and food-safety law in South Africa is detailed and fact-specific (BCEA, LRA, POPIA, PAIA, CPA, ECTA, R638) — have this document reviewed and adapted by a labour/commercial lawyer, and where relevant checked against current CCMA and Information Regulator guidance, before use.