Pdf the effectiveness and consistency of disciplinary actions. The labour relations act lra provides that any person determining whether a dismissal for poor work performance is unfair should consider i the employee was aware, or could reasonably have been expected to be aware, of the required performance standard. Pdf the effectiveness and consistency of disciplinary. The purpose of this document is to provide a fair procedure governing the investigation and hearing of alleged breaches of the code of professional ethics for educators. It is the line managers responsibility to invoke the procedure, in conjunction with the local hr department. South africa by all employers and by all employees who falls within the registered scope. However, as the code is based on progressive discipline, due consideration must be given to the seriousness of the alleged offence. This booklet discusses disciplinary policy and procedure under the following headings.
The organisation has a total number of 879 full time and parttime employees who form the organisational structure of the business. Grossett 1999 advises south african managers to make use. Civil procedure sibergramme 7 of 2007 31 october 2007 1516. If the employee fails to attend the hearing and the chair concludes that the employee did not have a valid reason, the hearing may continue in the employees absence. Disciplinary policy and procedure approved by cou ncil 16 march 2007 1 1. The procedures are an aid to assist management in taking remedial action by applying discipline fairly. This abbreviated version of the policy on quality in health care for south africa follows on the original that became national policy in 2001. Disciplinary code and procedure may be altered, amended, varied, modified or added to upon giving reasonable notice thereof by the company to the employee. Before deciding on the form of discipline, management must meet the employee in order to explain the nature of the rule she is alleged to have breached.
Constitution of the republic of south africa, act 108 of 1996 the constitution is the basis for all laws in the country. Partydriven crime control model due process model civil law countries use it former soviet states, europe, south america many anglophone countries use it those which. Law of criminal procedure pretrial at university of south africa. Transformation and the internal disciplinary system of the south. It is, however, important that the rights of the accused be acknowledged see par 5. Employers should not be blind to the fact that labour disputes and other labour. Civil procedure in south africa sets out the rules and standards that courts follow in that country when adjudicating civil suits as opposed to procedures in criminal law matters. If the employee resigns with notice, as a general rule the disciplinary procedure should be progressed to its conclusion during the employees notice period. The effectiveness and consistency of disciplinary actions and. Procedure for learner discipline it is important to ensure fairness and not just lawfulness in learner discipline. Disciplinary procedures ccma pdf labour law south africa. Sentencing practice in military courts by michelle nel submitted in accordance with the requirements for the degree of doctor of laws at the university of south africa supervisor. Legal representation means representation by a legal practitioner. Pdf disciplinary procedures are used to correct behaviour which contradicts.
This procedure should not substitute disciplinary procedures subject to collective agreements. The dissertation deals with the disciplinary process of the south african police service perceptions and preferences of members in the north rand area of the gauteng province. The chair must keep a record of the notice of the disciplinary hearing and the. Certain statutes in south africa are our primary references to disciplinary and dismissal procedures. Disciplinary code and procedure this particular format of.
It comes at a time when the public health care system is in dire need of again refocusing its collective efforts towards improving the quality of care provided in public health facilities and communities. The right to legal representation at disciplinary hearings and before the commission for conciliation mediation and arbitration ccma is controversial and this issue has been in the past under previous dispensations debated in our courts since 1920. Access study documents, get answers to your study questions, and connect with real tutors for law cip3701. Disciplinary procedure institute of bankers south africa. South african legal and policy framework in creating a safe, protective and caring school, the following south african laws and policies are implemented. The procedure for concluding international agreements which includes treaties and conventions is set out in chapter 5 of the 2006 manual on executive acts of the president of south africa. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. At the time of writing this study guide in 2010, the 9th edition of the handbook.
All this is necessary to ensure that the sanction is imposed for a fair reason and that the sanction is fair in all the circumstances of the matter. Disciplinary code and procedures south african board. Follow the correct procedure and make sure that a proper reason exists for taking the disciplinary action. Disciplinary code and procedure with no appeal pdf. Access study documents, get answers to your study questions, and connect with real tutors for law cmp 2601. Governing laws waiver index to most recent updates south africa policies and procedures. If an employee resigns after disciplinary proceedings have. Law of civil procedure at university of south africa. Parties to the pscbc adopt the attached disciplinary code and procedures for the public service. Policy and procedure the disciplinary policy and procedure provides employers and employees with a guideline for being fair about discipline in the workplace through. The disciplinary procedure is invoked when disciplinary rules of mhr are transgressed.
South africa by all employers and by all employees who falls within the registered. The constitution of the republic of south africa, no 108 of 1996 is the foun. Permission means written or oral approval by the person with authority to issue. Community directed\n intervention has subsequently been successfully applied to providing other\n essential primary health care services by and in the community, such as\n insecticide treated. Disciplinary code and procedure with no appeal description disciplinary code and procedures for employers.
Finally a case study of a community participatory\n approach to onchocerciasis control in africa is presented. Category policies and procedures sub category procedures document type information sheet filename disciplinary code and procedure with no appeal. Disciplinary procedure collective agreement south african local. The regional director of capricorn district, for allowing me to conduct a research project in schools in the bochum area. Apr 28, 2015 hi this post is a short summary of the main characteristics of the inquisitorial and accusatory systems inquisitorial.
Discuss when a court in south africa will be able to have jurisdiction over an offence that was committed outside of south africa 5. Disciplinary procedures do not replace or seek to imitate court proceedings. Procedure for resolving grievances share tweet a grievance is any dissatisfaction, or feeling of injustice, on the part of an employee, or group of employees, in connection with hishertheir work situation, which is brought to the attention of management. Labour guide south africa offers a wealth of labour law information and documentation to attorneys, companies and individuals. The employee is still employed during this period and there is no reason why they should avoid a possible disciplinary sanction. This has taken place within the context of the electrical supply industry, where south africa has also been facing many difficulties and challenges over recent years.
It is obvious that no employee may be disciplined for breaking a rule that heshe was not aware of in the first place, and therefore it is essential that the employers disciplinary code and procedure be communicated to all employees in writing, in a language that the employees can clearly understand. Employers should not be blind to the fact that labour disputes and other labour problems, despite the. The statements made during the grievance procedure can be used during the disciplinary procedure and therefore do not have to be made again. Joinder in haroun v garlick 2007 2 all sa 627 c moosa j held, with reference to uniform rule 10, that the joinder of parties depends not only upon the nature of the subject matter but also upon the manner in which and the extent to which the court order sought may. This website uses cookies to improve your experience while you navigate through the website. Fairness has two distinct but interlinked components. In addition this disciplinary code is not exhaustive of the standards of behaviour expected. Disciplinary code procedure regarding disciplinary action against staff in order to protect the interests of its staff and those of the institution, the university strives at all times to act ethically, transparently, equitably and within the rules of the labour law and the basic conditions of employment act.
Disciplinary procedures ccma, document, labour law, south. The disciplinary code is regarded as a guideline and its interpretation must be adequately flexible in order to adjust to various circumstances. This document must be read together with the provisions of the south african council for educators act, 2000 act 31 of 2000. Employees who thus commit acts or are guilty of omissions which fall. If a sheriff commits improper conduct that is also a criminal offence, the criminal procedure and the disciplinary procedure will continue as separate and different.
Disciplinary process of the south african police service. Legislative and policy framework this policy draws its mandate from the following legislations and prescripts. To understand the notion of discipline in the old south african police force. Disciplinary procedure, procedural justice, fairness, employee discipline, public. Parties can also request, by mutual consent, the ccma or a bargaining council to appoint an arbitrator to conduct a final and binding disciplinary enquiry.