1. Workers shall be fairly treated with dignity and respect.
2. Physical abuse or corporal punishment, the threat of physical abuse, or other forms of intimidation shall be prohibited.
3. Employers shall adopt disciplinary rules and procedures that comply with the provisions of the Labour Relations Act 66 of 1995, in particular, schedule 8 to this act, and shall keep records of all disciplinary proceedings in the personal file of the employee involved.
4. Workers should be encouraged to make use of the grievance procedures and appropriate dispute resolutions mechanisms and should not be discriminated against, disciplined or dismissed for having done so.
5. Employers must explain the adopted disciplinary rules and procedures to workers in clear and understandable terms.
South African Legislation
Labour Relations Act:
- Section 185 provides that every employee has the right not to be unfairly dismissed and a right not to be subjected to an unfair labour practice.
- Schedule 8 of the LRA – Code of Good Practice – Dismissals contains guidelines for disciplinary procedures prior to dismissal for reasons relating to conduct (misconduct, poor work performance) or capacity (ill health, injury).
- The National Economic Development and Labour Council (NEDLAC) has in terms of section 203(1) of the LRA issued a code of good practice for dismissals based on operational requirements (Government Gazette 20254).
- Disputes may be referred to the CCMA.
- ILO 158, Termination of Employment, 1982 and other relevant conventions