Disciplinary action must be substantively and procedurally fair. Dismissal without a valid fair reason and not in compliance with a fair procedure is explicitly defined as an unfair labour practice in terms of the Labour Relations Act of 1995.

Workplace discipline is essential for good employer and employee relations. It is not intended as a “punishment”.

Employers should be familiar with labour legislation and how it relates to business. SMMEs who are not “in the know” should retain labour services to prevent CCMA referrals.