LEGAL MATTERS: How to conduct disciplinary hearings: Part 1

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WHEN you run any kind of business, finding yourself in an employment dispute is inevitable. Where employees act outside the course and scope of their employment, or act contrary to the interests of their employer, they may be subjected to disciplinary proceedings.

Such proceedings are strictly regulated by the law to ensure that the substantive and procedural rights of the employee are protected while the employer’s right to regulate its workplace is also upheld. This piece will look at the legal aspects underpinning disciplinary proceedings, giving the fundamental framework that informs such proceedings.
Methods of termination
An employer is not entitled to dismiss an employee without just cause. The lawful methods of termination are:
In terms of an employers registered code of conduct: Where an employer registers a code of conduct in terms of section 101(1) of the Labour Act [Chapter 28:01], the registered code will govern all matters to do with the employer’s employment matters, particularly the administration of labour disputes and the conducting of disciplinary hearings.