A disciplinary procedure is the structured process an employer follows when addressing employee misconduct or poor performance - notifying the employee of the allegation, holding a hearing where they can respond, and only then deciding on a sanction.
What it means
Under the LRA, a dismissal is only fair if both the reason and the process were fair - a disciplinary procedure that skips notice or denies the employee a chance to respond can render an otherwise justified dismissal unfair. The process during probation is allowed to be lighter, but some process is still required.
Where it fits in
The outcome of a disciplinary procedure - a warning, suspension, or dismissal - has direct payroll consequences: a suspension may be on full or reduced pay depending on policy, and a dismissal triggers the final pay calculation through offboarding.
Key rules
- Requires notice of the allegation and a hearing before any sanction.
- A flawed process can make an otherwise valid dismissal unfair under the LRA.
- Lighter during probation, but some process is still required.
- Outcomes (suspension, dismissal) carry direct payroll consequences.
