Schedule 8 of the Labour Relations Act is a guideline. This guideline does not usurp the internal disciplinary policies of the employer, however, the structure of the guideline is open ended and is specifically done so to ensure fairness and progressive discipline. The numerous rulings of various arbitrators and judgments given by the Labour Court have emphasised progressive discipline which could start from a mere comment which indeed would constitute a warning and discipline. It is expected of the employer to escalate the comment on the next occasion and thereafter it could be escalated all the way to dismissal after a disciplinary enquiry.
Michael Bagraim
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