18/06/2026
๐๐ ๐บ๐ ๐ฒ๐บ๐ฝ๐น๐ผ๐๐ฒ๐ฟ ๐ฏ๐ผ๐๐ป๐ฑ ๐ฏ๐ ๐ถ๐๐ ๐ผ๐๐ป ๐ฑ๐ถ๐๐ฐ๐ถ๐ฝ๐น๐ถ๐ป๐ฎ๐ฟ๐ ๐ฐ๐ผ๐ฑ๐ฒ?
"๐๐ ๐ ๐๐๐ซ๐ ๐จ๐๐๐ฃ ๐๐ช๐ง๐ฉ๐๐๐ง ๐ฉ๐๐๐ฃ ๐ค๐ฉ๐๐๐ง๐จ, ๐๐ฉ ๐๐จ ๐๐ฎ ๐จ๐ฉ๐๐ฃ๐๐๐ฃ๐ ๐ช๐ฅ๐ค๐ฃ ๐ฉ๐๐ ๐จ๐๐ค๐ช๐ก๐๐๐ง๐จ ๐ค๐ ๐๐๐๐ฃ๐ฉ๐จ" โ ๐๐จ๐๐๐ ๐๐๐ฌ๐ฉ๐ค๐ฃ
๐๐ณ๐ต๐ช๐ค๐ญ๐ฆ ๐ฃ๐บ ๐๐ฏ๐ฆฬ๐ญ ๐๐ฐ๐ด๐ต๐ฉ๐ถ๐ช๐ป๐ฆ๐ฏ (๐๐ฆ๐ฏ๐ช๐ฐ๐ณ ๐๐ข๐ฃ๐ฐ๐ถ๐ณ ๐๐ฅ๐ท๐ช๐ด๐ฐ๐ณ)
๐๐ป๐๐ฟ๐ผ๐ฑ๐๐ฐ๐๐ถ๐ผ๐ป
Many employees believe that if a disciplinary code says a first offence will result in a warning, an employer cannot impose a harsher sanction. Similarly, employees often assume that if a disciplinary procedure prescribes certain steps, those steps must always be followed exactly.
The reality is that it is not always that simple.
๐ง๐ต๐ฒ ๐ถ๐บ๐ฝ๐ผ๐ฟ๐๐ฎ๐ป๐ฐ๐ฒ ๐ผ๐ณ ๐ฎ ๐ฑ๐ถ๐๐ฐ๐ถ๐ฝ๐น๐ถ๐ป๐ฎ๐ฟ๐ ๐ฐ๐ผ๐ฑ๐ฒ
The purpose of a disciplinary code is to promote consistency and fairness in the workplace by informing employees of the standards expected of them and the sanctions that may apply if they break workplace rules. However, a disciplinary code is not necessarily a rigid set of rules that can never be departed from.
๐ฆ๐ฒ๐ฟ๐๐ถ๐ป๐ด ๐ฎ๐ ๐ฎ ๐ด๐๐ถ๐ฑ๐ฒ๐น๐ถ๐ป๐ฒ
A disciplinary code is generally intended to serve as a guideline. Every disciplinary hearing must be decided upon based on its own facts and circumstances. This means that your employer may, in appropriate circumstances, deviate from its disciplinary code, provided there is a valid and justifiable reason for doing so.
It is important to note that there is an important exception. If the disciplinary code forms part of your contract of employment, or if it has been incorporated into a collective agreement that is binding on the parties, the position may be different. In those circumstances, your employer may be contractually bound to follow the provisions of the code and may not be free to depart from them without consequence.
๐ง๐ต๐ฒ ๐๐ฎ๐ป๐ฐ๐๐ถ๐ผ๐ป
A disciplinary code may indicate that a first offence of misconduct normally attracts a written warning. However, if the misconduct is particularly serious, your employer may justify imposing a final written warning or even dismissal. Likewise, a code may suggest dismissal for a particular offence, but mitigating circumstances may justify a lesser sanction. The essential part is that a hearing needs to be conducted and the sanction needs to be relevant to the offence.
๐๐ฎ๐๐ฒ ๐น๐ฎ๐
In the matter of ๐๐ถ๐ด๐ฉ๐ช ๐ท ๐๐น๐น๐ข๐ณ๐ฐ ๐๐ฐ๐ข๐ญ (๐๐ต๐บ) ๐๐ต๐ฅ ๐๐ณ๐ฐ๐ฐ๐ต๐จ๐ฆ๐ญ๐ถ๐ฌ ๐๐ฐ๐ข๐ญ ๐๐ช๐ฏ๐ฆ ๐ข๐ฏ๐ฅ ๐๐ต๐ฉ๐ฆ๐ณ๐ด [2019] ZALAC 44 the Labour Appeal Court confirmed that disciplinary codes are generally guidelines and that employers may depart from them for good cause, provided the departure is fair and not arbitrary.
The Labour Appeal Court confirmed that disciplinary codes are generally guidelines rather than inflexible rules. The Courts have recognised that employers may depart from disciplinary guidelines where good cause exists and where the departure is not unfair. The key question is whether the employer acted fairly in the particular circumstances of the case.
This does not mean that your employer has unlimited discretion, your employer cannot simply ignore its disciplinary code whenever it wishes. If your employer deviates from the code, it must be able to explain why the deviation was necessary and reasonable. If there is no proper justification, the deviation may contribute to a finding that the disciplinary action was unfair.
๐ง๐ฎ๐ธ๐ถ๐ป๐ด ๐ถ๐ ๐ณ๐๐ฟ๐๐ต๐ฒ๐ฟ
The CCMA and bargaining councils will generally not focus only on whether the employer followed every provision of the disciplinary code to the letter. Instead, they will consider the overall fairness of the process and the sanction imposed. A minor departure from a guideline will not automatically render an unfair sanction.
๐๐ผ๐ป๐ฐ๐น๐๐๐ถ๐ผ๐ป
Fairness has and will always remain the guiding principle in every disciplinary case, regardless of how serious the offence is. Whether an employer follows the code exactly or departs from it, the question will always be whether the employer acted fairly in the circumstances, and whether the imposed sanction fits the offence.
๐ฅ๐ฒ๐บ๐ฒ๐บ๐ฏ๐ฒ๐ฟ, ๐ ๐๐ฆ๐ ๐ถ๐ ๐ท๐๐๐ ๐ฎ ๐ฝ๐ต๐ผ๐ป๐ฒ ๐ฐ๐ฎ๐น๐น ๐ฎ๐๐ฎ๐!
