{"id":3010,"date":"2025-04-24T07:21:58","date_gmt":"2025-04-24T05:21:58","guid":{"rendered":"https:\/\/law-at-work.co.za\/?p=3010"},"modified":"2025-04-24T07:21:58","modified_gmt":"2025-04-24T05:21:58","slug":"why-employee-discipline-should-not-be-delayed","status":"publish","type":"post","link":"https:\/\/law-at-work.co.za\/index.php\/2025\/04\/24\/why-employee-discipline-should-not-be-delayed\/","title":{"rendered":"Why employee discipline should not be delayed"},"content":{"rendered":"\n<figure class=\"wp-block-image size-full\"><img loading=\"lazy\" decoding=\"async\" width=\"1006\" height=\"351\" src=\"https:\/\/law-at-work.co.za\/wp-content\/uploads\/2025\/04\/image-2.png\" alt=\"\" class=\"wp-image-3011\" srcset=\"https:\/\/law-at-work.co.za\/wp-content\/uploads\/2025\/04\/image-2.png 1006w, https:\/\/law-at-work.co.za\/wp-content\/uploads\/2025\/04\/image-2-300x105.png 300w, https:\/\/law-at-work.co.za\/wp-content\/uploads\/2025\/04\/image-2-768x268.png 768w\" sizes=\"auto, (max-width: 1006px) 100vw, 1006px\" \/><\/figure>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Implementing discipline as soon as possible is necessary to maximize its corrective effect. &nbsp;This does not imply that an immediate disciplinary procedure is required, but it does require that unnecessary delays must be avoided from both a psychological and legal perspective.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The psychological principle is that the closer the corrective action or discipline is applied to the wrongdoing, the bigger the impact. &nbsp;This is because:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>In the offender&#8217;s perception, the relationship establishes a direct and obvious link between the wrongdoing and the discipline.<\/li>\n\n\n\n<li>This helps the employee understand that misconduct will result in a negative consequence.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">From a legal standpoint, unnecessary delays can also lead to a process that can be claimed to be procedurally unfair. &nbsp;This risk is increased when the employer\u2019s Disciplinary Code prescribes a period within which the employer must institute disciplinary hearings. &nbsp;Moreover, undue delays in bringing in the charges can result in the perception that the charges are based on a hidden agenda and that the employer \u201dis<em> looking for reasons to get rid of me<\/em>\u201d.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Depending on the period and reason for the delay, the Chairperson, the Commissioner of the CCMA or the Court may rule that the disciplinary charges have been dismissed. &nbsp;In the case of Van Eyk v the Minister of Correctional Services (2005, 6 BLLR 639) the employee was charged with fraud almost two (2) years after the fraudulent transactions allegedly took place. &nbsp;As a result, the Eastern Cape High Court ruled that the disciplinary charges had fall off.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The general rule is that a disciplinary inquiry must take place within a reasonable time after the alleged misconduct occurred, or at least as soon as possible from the time when the employer got wind of it.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It is advisable to contact a reputable Labour Law Practitioner for any labour or employment- and discplinary related enquiries.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Implementing discipline as soon as possible is necessary to maximize its corrective effect. &nbsp;This does not imply that an immediate disciplinary procedure is required, but it does require that unnecessary &#8230;<\/p>\n","protected":false},"author":1,"featured_media":3012,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3010","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorised"],"_links":{"self":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts\/3010","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/comments?post=3010"}],"version-history":[{"count":1,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts\/3010\/revisions"}],"predecessor-version":[{"id":3013,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/posts\/3010\/revisions\/3013"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/media\/3012"}],"wp:attachment":[{"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/media?parent=3010"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/categories?post=3010"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/law-at-work.co.za\/index.php\/wp-json\/wp\/v2\/tags?post=3010"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}