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Inconsistency Relating To The Disciplinary Sanctions

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Failure to acknowledge the severity of misconduct can erode confidence in the disciplinary process. Adherence to Procedural Fairness: The case highlights the importance of procedural fairness in dismissal proceedings, including the right to a fair hearing and consistent application of disciplinary measures.

The courts have distinguished between historical inconsistency and contemporaneous inconsistency. Historical inconsistency occurs when an employer has in the past, as a matter of practice, not dismissed employees or imposed a specific sanction for contravention of a specific disciplinary rule. In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of disciplinary action. To comprehend the requirement of consistency, one must move beyond simplistic definitions and delve into the practical implications of treating “like with

What if an employer is inconsistent in taking disciplinary action ...

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Dismissal and consistency of sanctions

As Advocate Cook, who represented the Applicant, further pointed out that the finding relating to Mafatshe’s disciplinary enquiry identified that he was found guilty of unauthorized possession but made no express findings relating to the tampering of evidence. Some inconsistency is the price to be paid for flexibility, which requires the exercise of discretion in each individual case. If a chairperson conscientiously and honestly, but incorrectly, exercises their discretion in a particular case in a particular way, it would not mean that there was unfairness towards the other employees. The inconsistent application of workplace rules is more common in larger organizations, especially those with workplaces spread across the country. Further, while managers must exercise flexibility when it comes to imposing disciplinary sanctions, their

Consistency doesn’t mean identical sanctions for every similar act of misconduct. Rather, it requires applying the same disciplinary procedures in comparable situations. The final sanction may differ based on specific circumstances, such as the employee’s service record, previous disciplinary history, and any mitigating or aggravating factors.

Sanction on appeal [8]The arbitrator considered the second and third issues relating to the powers of the appeal chairperson together. The company’s disciplinary code states the following with regard to the powers of the appeal chairperson: SA Labour Guide odetnrSFttac0hrfuugbh1m1a · Inconsistency relating to the disciplinary sanctions As Advocate Cook, who represented the Applicant, further pointed out that the finding relating to Mafatshe’s disciplinary enquiry identified that he was found guilty of unauthorized possession but made no express findings relating to the tampering of evidence.

  • Consistency in Disciplinary Matters
  • Workplace Disciplinary Rules
  • CONSISTENCY IN DISCIPLINARY MATTERS

Based on the nature of complaints submitted to the PSC emanating from the disciplinary process, it appears that the risk of inconsistency in sanctions imposed by presiding officers in the Public Service is in fact a reality. The PSC has observed that in some departments different sanctions are imposed on employees who have committed similar transgressions. The impact of This form of consistency ensures that disciplinary sanctions are applied consistently over time. Employers should not suddenly impose stricter sanctions for misconduct unless employees have been forewarned of a change in approach, often referred to as a “clamp down.” Employers are allowed to revise their disciplinary stance, but fairness dictates that

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Inconsistency relating to the disciplinary sanctions By Magate Phala Item 3 (6) of Schedule 8, LRA, stipulates that the employer should apply the penalty of dismissal consistently with the way in which it has been applied to the same and other employees in the past, and consistently as betwe

The South African Labour Guide is an online guide to labour law in South Africa. The guide provides information and resources on 24 hour

Contemporaneous inconsistency would come about where two or more employees have committed the same act of misconduct at the same time, but not all are subjected to disciplinary action, but only some are. Or where some would be subjected to a certain disciplinary procedure, and a different disciplinary procedure would be invoked for others. The general principle is that an employer must act in a consistent manner (i.e. comply with the ‘parity principle’) when applying discipline. A distinction can be drawn be-tween ‘historical inconsistency’ and ‘contemporaneous inconsis-tency’. The primary reason for requiring Employers to act consistently when instituting disciplinary action or administering disciplinary sanctions is to ensure they do not act arbitrarily. „Consistency“ does not necessarily mean that the same sanction must be applied in

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Historical inconsistency involves comparing past disciplinary action taken by the employer against present disciplinary action — the employer’s failure to dismiss an employee for the infringement of a rule in the past would give rise to inconsistency if the employer were to dismiss an employee for a similar infringement in the present.

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Did you know that inconsistency in disciplinary actions can lead to misunderstandings, resentment, and even legal challenges in the workplace? It’s true! When it comes to enforcing workplace rules and HR policies, treating employees fairly and consistently is vital for maintaining a harmonious and productive work environment. In this article, we will

In the realm of workplace discipline, the term “consistency” frequently arises, along with its counterpart, “inconsistency.” These concepts are pivotal to the fair and equitable administration of disciplinary action. To comprehend the requirement of consistency, one must move beyond simplistic definitions and delve into the practical implications of treating “like with The applicant contends that the arbitration award is susceptible to review because the Commissioner failed to apply his mind to the issues before him in particular relating to the principles governing inconsistency in disciplinary matters.

In addition, the LRA`s Code of Good Practice: Dismissal accentuates the need for certainty and consistency in disciplinary rules but acknowledges that sanctions may vary based on circumstances. Furthermore, it provides guidance to employers on the various aspects of dismissal, fair procedure, and substantive fairness. the documentary evidence, it was only raised on appeal. It was in fact conceded by Calvin Shekoa, the representative of the fourth respondent in the disciplinary proceedings, that the evidence relating to inconsistency was never pl

Employer aggrieved by the disciplinary sanction of a presiding officer entitled to review sanction in terms of section 158 (1) (h) of the LRA. Ntshangase, Gcaba and Chriwa considered. Review consonant with the prescripts of the Constitution and the common law principles of reasonableness, legality and rationality. Introduction [1] An invalid dismissal, is it also an unfair dismissal? Where an employer reviews the sanction of the internal chairperson in instances where the disciplinary code does not specifically sanction that review, is there room for the application of theultra viresprinciple to a point that the dismissal is substantively unfair?

The recent ruling in Goodyear South Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (PR142/22) [2024] [] According to Shabangu et al. (2022), contemporaneous inconsistency occurs when dissimilar sanctions are imposed on two or more employees who have committed similar disciplinary transgressions in approximately the same period.

Based on the nature of complaints submitted to the PSC emanating from the disciplinary process, it appears that the risk of inconsistency in sanctions imposed by presiding officers in the Public Service is in fact a reality. The PSC has observed that in some departments different sanctions are imposed on employees who have committed similar transgressions. The impact of If there have been similar cases it may still be able to impose a different sanction if the new case is distinguishable from the previous cases. If the rule concerned has not been consistently applied in the past, the employer should change the disciplinary practice by giving notice to employees of how such cases will be dealt with in future. The South African Labour Guide is an online guide to labour law in South Africa. The guide provides information and resources on 24 hour notices; absenteeism; alcoholism in the workplace; bonuses; constructive dismissal; the Consumer Protection Act; employment contracts; derivative misconduct; desertion; dismissals; inconsistency relating to the disciplinary

SA Labour Guide · July 31, 2018 · Inconsistency relating to the disciplinary sanctions SA Labour Guide · February 5, 2017 · Inconsistency relating to the disciplinary sanctions

Inconsistency relating to the disciplinary sanctions https://www.labourguide.co.za/inconsistency-relating-to-the-disciplinary-sanctions