7 November 2024
Progressive discipline, which is also sometimes referred to as corrective discipline, is a strategy used to address and to correct employee behavioural or performance issues. Unlike punitive measures which solely focus on punishment, progressive discipline aims to correct and improve an employee’s performance or behaviour before more severe measures are taken. It involves a series of interventions aimed at addressing and correcting unwanted behaviour or performance issues. This progressive method is essential for maintaining a fair, consistent, and lawfully compliant approach to employee management at the workplace.
Legal Background:
Depending on the severity of the situation, progressive discipline may start with a Verbal Warning, which is essentially an informal discussion addressing performance and/or behavioural issues and offering the employee a chance to improve. Then subsequently a Written Warning would be issued, which is a formal document detailing the problem, previous warnings, and consequences if not corrected. Lastly, to continue applying progressive discipline, a Final Written Warning would be issued, it is a serious notice that documents the issue at hand and a warning of possible termination for further similar offenses. In the event that all avenues of progressive discipline have been exhausted, the termination would be considered as a last resort. However, there are exceptions to the use of progressive discipline, and in some cases, immediate dismissal for a first offense may be deemed appropriate.
Case Study:
As seen in the National Union of Mineworkers and Another v CCMA and Others (LC) (unreported case no JR2016/2009, 20-3-2013) (Prinsloo AJ) the court held that ‘acknowledgement of wrongdoing is the necessary first step in correcting behaviour’. By failure to acknowledge wrongdoing, the employee had rendered himself not to qualify as a candidate of a corrective discipline and in Timothy v Nampak Corrugated Containers (Pty) Ltd (2010) 31 ILJ 1844 (LAC) at 1850A-C the Court said: ‘… Progressive sanctions were designed to bring the employee back into the fold, so as to ensure, by virtue of the particular sanction, that faced with the same situation again, an employee would resist the commission of the wrongdoing upon which act the sanction was imposed. The idea of a progressive sanction is to ensure that an employee can be reintegrated into the embrace of the employer's organisation, in circumstances where the employment relationship can be restored to that which pertained prior to the misconduct. …’.
When progressive discipline is no longer an option due to the severity of offence in certain cases, dismissal is then a viable option. As seen previously in Department of Labour v General Public Service Sectoral Bargaining Council and Others (2010) 31 ILJ 1313 (LAC), the Labour Appeal Court confirmed the principle that a sanction aimed at correction or rehabilitation is of no purpose when an employee refuses to acknowledge the wrongfulness of their conduct and in Gcwensha v CCMA and others (2006) 27 ILJ 927 (LAC) 3 BLLR 234 (LAC) it was held that a final written warning is not a requirement for dismissal and that the Employer was entitled to consider the cumulative effect of acts of negligence, inefficiency and/or misconduct. To hold otherwise would be to open an Employer to the duty to continue employing a worker who regularly commits a series of transgressions at suitable intervals falling outside the period of applicability of final written warnings. An employee's duties include the careful execution of his work. An Employee who continuously and repeatedly breaches such a duty is not carrying out his obligations in terms of his employment contract and can be dismissed in appropriate circumstances.
In conclusion, progressive discipline works best when employees are fully aware of workplace rules, regulations, and policies. Therefore, having well-defined policies and a clear disciplinary code is crucial. This gradual and corrective process ensures that fairness and transparency is provided through the use of a documented gradual process for addressing employee’s performance and behavioural issues. It offers employees multiple chances to improve and support their development. Correct documentation also provides lawful protection for businesses. Additionally, when implemented effectively, it can boost employee confidence by displaying a commitment to improvement rather than immediate punishment.
Contact Invictus Group for tailored guidance and assistance on how to effectively manage progressive discipline in your business. Reach out to our office at 086 173 7263 or email us at admin@invictusgroup.co.za. Let us help you ensure your business remains compliant and well-informed.
