The right person and a clear breach, and you can still lose
In labour discipline, a clear breach by the employee is not enough to protect the enterprise. The courts and the labour authorities also examine the procedure: miss one mandatory step and the disciplinary decision can be declared invalid, bringing with it an obligation to reinstate the employee and to pay compensation. Standardising the process is therefore not a formality — it is how the enterprise protects its own decision.
The five-step process to follow
- Establish the grounds: the conduct must be covered by internal labour rules that have been registered and are in force.
- Gather evidence: record the incident and collect the documents evidencing the breach as soon as it is discovered.
- Give notice and hold the disciplinary meeting with all mandatory participants present, including the employee representative organisation.
- Issue the decision with the correct authority, within the limitation period, and proportionate to the seriousness of the breach.
- Retain the complete file, ready to explain the decision if a complaint or dispute arises.
Internal labour rules are the foundation
No conduct can be disciplined unless the internal labour rules cover it. A carefully drafted set of rules, properly registered and communicated to employees, is therefore the precondition for any disciplinary decision to stand.
TLA helps enterprises build internal labour rules and a lawful disciplinary process — contact us for advice.
