Implementing disciplinary policies, codes of conduct, and
procedures is not merely best practice – it's a legal
necessity. These instruments form the foundation for ensuring
procedural and substantive fairness in managing employee conduct
and performance, as required by the Labour Relations Act 66 of 1995
("LRA"). Employers who neglect to put
these frameworks in place often exposes themselves to legal
disputes, reputational damage, and workplace instability. The
benefits of implementing such instruments are as follows:
1. Compliance with the LRA
Section 188 of the LRA stipulates that if an employer
contemplates a dismissal of an employee, that the dismissal must be
both substantively and procedurally fair. Substantive fairness
relates to the reason for the dismissal, while procedural fairness
refers to the process followed. Schedule 8 of the LRA provides the
"Code of Good Practice: Dismissal",
which provides guidelines on what constitutes a fair
