Disciplinary sanctions can vary from a verbal warning up to a final written warning and/or suspension without pay, depending on the relevant circumstances.
The norm for minor misconduct is to commence discipline with a verbal warning (normally after initial informal discussion or counselling).
If there is no improvement an employer can then progress to a written warning (sometimes a first and second written warning and then a final written warning.
For more serious misconduct it may be appropriate to give a written or a final written warning for a first offence. Disciplinary proceedings will be conducted to determine the employee’s guilt where there is reasonable belief that the conduct complained of might attract a final written warning or dismissal as a sanction. A disciplinary checklist will be used to record the disciplinary steps taken.
An employee may be represented by a colleague of his choice or a trade union representative (shop steward) of a trade union of which he or she is a member when he or she is being issued with a warning.
Guidelines as to the appropriate level of penalty should be followed if they are contained in an employer’s contract of employment or Disciplinary Code.
Exceptional forms of disciplinary action include demotion (with loss of pay) and/or suspension without pay for a limited period. These can generally only be imposed as an alternative to dismissal, with the agreement of the employee, as a measure of leniency. If the employee does not accept the proposed alternative, an employer may proceed with dismissal.
It is important that a record must be kept of all forms of discipline. These may be required to justify a subsequent dismissal, by showing that a progressive / corrective disciplinary process has been followed. The warning(s) should be handed to the employee and a copy/copies placed on his or her personnel file.
The template ‘Record of Disciplinary Sanction’ can be used to record the action taken, the date of the action, and the period of validity.
As a guideline, verbal warnings are often valid for 3 to 6 months, written warnings for 6 to 12 months, and final written warnings almost always for 12 months (this period may be longer in some circumstances, for example in the case where a second final written warning is given, after the first has expired).
The employee should be requested to sign the employer’s copy of the notice, purely as an acknowledgement of receipt.
If he/she refuses, a witness should be requested to sign as confirmation that the notice was handed to the employee.
