A disciplinary code is not cast in stone

There is a general perception that disciplinary codes as well as the Code of Good Practice: Dismissal, contained in Schedule 8 of the Labour Relations Act (LRA), are cast in stone and cannot be deviated from. This is not so. Both constitute guidelines only and employers can deviate from it and from their own disciplinary […]

Unfair dismissal may lead to reinstatement

Employers are often perplexed when a dismissed employee is retrospectively reinstated by the CCMA or a Bargaining Council. The employer not only has to take the employee back, but he also has to pay that employee for the period between the date of dismissal and the date of reinstatement. Employers react differently to a reinstatement […]


Most companies state quite categorically that the disciplinary code is a guideline. It is usually also recorded that it is not exhaustive, meaning that there are instances of misconduct which were not included in the code. It is understood that even these so-called unlisted acts of misconduct may attract a number of different sanctions, depending […]

Resignation revisited once again!

After Naidoo and a fellow employee resigned from Standard Bank with immediate effect, they were told that the employer would continue with their disciplinary hearings nevertheless. In the circumstances they approached the Labour Court on an urgent basis. Case law history of resignations with immediate effect When the Labour Court was called upon to determine […]