Fair treatment

  1. Respect is shown in the workplace so that employees and employers are treated with dignity.
  2. Physical abuse, corporal punishment, the threat of physical/verbal abuse or harassment and all other forms of intimidation shall be prohibited.
  3. The Business shall adopt disciplinary rules and procedures that comply with the provisions of the Labour Relations Act 66 of 1995 (Schedule 8 in particular) and shall keep records of all disciplinary proceedings.
  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. The Business must explain the adopted disciplinary rules and procedures, the grievance procedures and the dispute resolution mechanisms to workers in clear and understandable terms.
References

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.

International Reference

  • ILO 158, Termination of Employment, 1982 and other relevant conventions
  • ILO Convention 190 – Violation and Harassment Convention, 2019