Employees have an obligation to make their personal services available to the employer and to do so with due diligence, competence, and good faith within the employment relationship. In terms of the contract, the employee will perform their work in line with the conditions as specified therein and follow instructions given to them by their employer.
A great tool to further regulate compliance with the contract of employment is by way of a disciplinary code and procedure. The purpose of a disciplinary code and procedure is to regulate the standards of conduct of employees within a company or organisation. The aim of a workplace disciplinary code is to provide mechanisms to correct unacceptable behaviour and to create certainty and consistency in the application of discipline. It spells out how the organisation will deal with any occurrences of misconduct and gives guidelines as to the disciplinary measures which may be imposed.
The disciplinary code must be drafted in clear and unambiguous terms to ensure that the employee is certain as to what is expected of them. By taking the time to draft a fair and effective code, employers can help to create a more harmonious and productive workplace.
The two parties to the disciplinary code are the employee and the employer. The role of the employer is to ensure that all employees are made aware of the disciplinary code and the standards set around behaviour in the workplace.
The second party is the employee who is expected to comply with the disciplinary code and disciplinary procedures. In addition, it is also the responsibility of the employee to ensure that he or she is knowledgeable in terms of the disciplinary code and disciplinary procedures.
Disciplinary codes must always be used as guidelines and should not be applied rigidly. The facts and circumstances of each matter must be considered when deciding on the correct course of action. The key principle of the Code is that the employer and the employees should treat each other with mutual respect. It’s an unfortunate fact that every business owner will have to face workplace misconduct at some point. A well-established and legally compliant disciplinary code is essential for effectively addressing workplace misconduct.
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