How to handle disciplinary action

29 Mar 2021

10 key questions to ask yourself to ensure that disciplinary action is fair

Disciplinary action refers to steps that are taken, if it is believed that you have broken the rules for how to behave at work.

Disciplinary action can lead to a hearing. This is a meeting during which your case is discussed.

Charges (accusations) are brought against you and you also have a right to defend yourself.

If you are found guilty, sanctions can be made against you. Sanctions can be understood as actions taken to correct or punish you. Sanctions can include a dismissal (being fired).

However, the law does make sure that disciplinary action is FAIR throughout.

The law makes sure that there is:

• Substantive fairness ­– this means that there are fair reasons for the disciplinary action.
• Procedural Fairness – this means that the processes followed for the disciplinary action is fair.

Here are ten key questions to ask yourself to ensure that disciplinary action is fair:

1. Did your employer/company make you aware beforehand of the rules you were expected to obey?
2. Did you break the rule that you are accused of doing – and is there proof of this?
3. Would other people consider the rule to be fair or reasonable for the kind of work you do?
4. Does your workplace have a specific way that they handle misconduct, such as giving warnings – and have these processes been followed in your case?
5. Have you been informed of the charges made against you in a language you understand?
6. Have you been given a set date for a hearing or does it keep being delayed?
7. Are you being given a fair chance to prepare for the hearing?
8. Are you being given a chance at the hearing to defend yourself?
9. Are the people who will be making the rulings (judgment) at the hearing, fair and impartial (not biased against anyone)?
10. Will you be given a chance to appeal (ask for the judgment to be examined again) if you are not happy with it?

If you are uncertain about any of these questions, remember that your best companion to assist with disciplinary matters is a Legal & Tax Lawyer.

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Article sourced from Legal&Tax.

See also:

• Making labour law work for you
• Resigning with immediate effect in the face of a disciplinary sanction to be imposed – A classic case of dodging the bullet, or not!
• Grossly unreasonable and aberrant disciplinary hearing outcomes and sanctions need not stand
• Employment Equity Amendment Bill set to send ripples throughout South Africa’s business sector

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)