Focus on Unfair Disciplinary Procedures
Disciplinary procedures are often seen as the domain of the HR department, but the reality is that CEOs and other senior leaders must pay close attention to how these processes are managed.
When disciplinary actions are handled poorly, whether through a lack of investigation or failing to follow procedural standards, the consequences can be severe. Overturned dismissals can lead to significant financial penalties, damage to a company’s reputation, and increased stress for the staff involved.
In South Africa, the Labour Relations Act enshrines the principles of fairness, focusing on both the reasons for disciplinary actions (‘substantive fairness’) and the process used (‘procedural fairness’). Adherence to these principles is not only a matter of compliance but a foundation for maintaining positive employee relationships and protecting the company’s interests.
This month we explore the risks associated with inadequate disciplinary procedures, the importance of aligning with legal standards and why senior leadership should be proactive in reviewing internal processes. It’s a critical topic for those who want to avoid costly pitfalls and ensure that their disciplinary actions hold up to scrutiny.

In the video below, Faathima Asmall and Nelson Tjiane discuss the challenges to CEOs and the action they can take to ensure compliance with fair disciplinary procedures.
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Why should CEOs and senior leadership be concerned about internal disciplinary procedures?
Inadequate procedures can result in overturned dismissals due to unfair processes, leading to financial penalties, reputational damage and workplace stress. It is crucial to ensure procedures align with the principles of fairness.
What is the difference between 'substantive fairness' and 'procedural fairness'?
Substantive fairness refers to the merits of a disciplinary action, while procedural fairness deals with the process followed. Both need to be satisfied for a fair disciplinary outcome.
What does the Labour Relations Act require regarding disciplinary procedures?
The Labour Relations Act emphasises fairness and requires employers to adhere to the Code of Good Practice, ensuring investigations and appropriate grounds before disciplinary actions.
Why are disciplinary hearings often deemed unfair by courts or arbitrators?
Many employers fail to conduct thorough investigations before issuing charges, leading to hearings that lack substantive or procedural fairness, which can be challenged legally.
How can CEOs help ensure fair disciplinary procedures within their companies?
They should regularly review disciplinary processes, ensure they are aligned with legal standards and verify that HR follows proper procedures before taking any action.