A policy informs employees of the rule/s in respect of a certain topic. The employer puts these rules in place in order to ensure the smooth and efficient running of business operations. Policies are not underwritten by Labour legislation, but define the employer’s own rules, which must be reasonable, for the workplace. This is why we have a disciplinary code of conduct. A disciplinary code of conduct can be described as a method to maintain the standards of conduct and, to a certain extent, address the incapacity of employees within a company or organisation. The aim of discipline is to correct unacceptable Behaviour, adopt a progressive approach in the workplace, and to create certainty and consistency when discipline needs to be applied.
Employee code of conduct guides individuals as to how they should behave at the workplace. Employees need to be aware as to what is expected of them in the workplace.
The disciplinary code serves as a guideline for employers of what the appropriate sanction is for certain offences. These sanctions may be adjusted and updated from time-to-time, depending on the circumstances and merits of each case. Progressive discipline plays a vital role here and will consistently be applied, e.g. in the case of reporting late for duty:
- First offence: verbal warning
- Second offence: written warning
- Third offence: final written warning
- Fourth offence: dismissal
Keep in mind that the degree of sanction will differ depending on the nature of the employee’s duties and late coming. This is just one example but remember that all cases are handled on a case-to-case basis.
It is very important to note that an employee cannot be dismissed under any circumstances without holding a disciplinary hearing. Misconduct will be divided in three categories, i.e. minor transgressions (verbal), serious misconduct (Written), and very serious misconduct (Final Written / Dismissal). The seriousness of the misconduct will determine how the offence will be dealt with.
If a valid warning exists against an employee when he/she is found guilty of an offence, the existing warning will be considered when the disciplinary measure is imposed. An existing warning may thus have an aggravating effect on a following disciplinary measure. The 3 key areas that a Disciplinary code of conduct covers is:
- Nature of the Offence
- Category of Offence
- Guidelines regarding actions steps that may follow