Schedule 8 of the Labour Relations Act stipulates in section 3 that “all employers should adopt disciplinary rules that establish the standard of conduct required of their employees.” An employer’s rules must create certainty and consistency in the application of discipline. This requires that the standards of conduct are clear and available to employees in a manner that is easily understood by employees.
The onus rests on the employer to ensure that all employees are aware of the rules and reasonable standards of behaviour expected from them in the working environment. The disciplinary code must be drafted in clear and unambiguous terms to ensure that the employee is certain as to what is expected of them. On the other hand, it is the employee’s responsibility to ensure that they are familiar with the relevant standards and requirements and, when in doubt, to try to obtain clarity to ensure compliance. Should there be doubt, please reach out to your Human Resources Manager.
No employee may be disciplined for breaking a rule that he/she was not aware of in the first place, and therefore it is essential that the employers. Disciplinary Code and Procedure be communicated to all employees in writing, in a language that the employees can clearly understand.
When a misconduct occurs, the employer should conduct an investigation to determine whether there are grounds for disciplinary action and dismissal. I.e. ensuring thigns are procedurally fair: What, When, Who, How