Discipline is an essential component of every workplace. Progressive discipline helps employees understand the standards of conduct expected of them while promoting consistency, fairness and accountability.
The Code of Good Practice on Dismissal, 2025, issued under the Labour Relations Act 66 of 1995 (LRA), encourages employers to adopt a system of progressive discipline aimed primarily at correcting unacceptable behaviour rather than punishing employees. Except in cases of serious misconduct, dismissal should generally be regarded as a measure of last resort, with employees first being afforded a reasonable opportunity to correct their conduct through appropriate disciplinary measures.
Progressive Discipline as a Corrective Measure
The Code of Good Practice on Dismissal recognises progressive discipline as the preferred approach to managing misconduct in the workplace. The objective is to encourage employees to improve their conduct while maintaining fair and consistent workplace standards. Minor misconduct can often be addressed through counselling, coaching or informal guidance, while repeated or more serious misconduct may warrant formal disciplinary action. Depending on the nature and seriousness of the misconduct, employers may issue verbal warnings, written warnings or final written warnings. Where appropriate, employers may also consider alternative disciplinary sanctions, such as unpaid suspension (where legally permissible and procedurally fair). If an employee fails to respond to progressive disciplinary measures, or where the misconduct is sufficiently serious, dismissal may become an appropriate sanction.
The Purpose of Final Written Warnings
A final written warning serves as a clear indication that an employee’s conduct has reached a stage where further misconduct may have serious consequences. It affords the employee a final opportunity to correct their behaviour while making it clear that a repetition of similar misconduct during the validity period of the warning may result in dismissal. A final written warning represents a genuine final opportunity for an employee to improve their conduct. However, a subsequent dismissal is not automatic. The employer must still consider whether dismissal is fair in all the circumstances, taking into account the nature of the subsequent misconduct, the employee’s disciplinary record and any relevant mitigating or aggravating factors.
Applying Warnings Fairly and Consistently
Disciplinary warnings should always be issued fairly, consistently and in accordance with the employer’s disciplinary code and procedures. A warning should clearly identify the misconduct, specify the period for which it will remain valid and explain the consequences of any further misconduct during that period. Although an employee cannot be compelled to sign a disciplinary warning, a refusal to do so does not invalidate the warning. As a matter of good practice, the employer should record the employee’s refusal and have the warning witnessed to confirm that its contents were explained to the employee. When determining an appropriate sanction, employers are entitled to consider an employee’s disciplinary record. Although expired warnings should generally not be relied upon as the sole justification for dismissal, they may, depending on the circumstances, demonstrate a pattern of recurring misconduct and assist in assessing whether progressive discipline has achieved its corrective purpose. Each case must nevertheless be assessed on its own merits, taking into account the seriousness of the misconduct, the employee’s length of service, disciplinary history and any mitigating or aggravating circumstances. Consistency is equally important. Employees who commit similar misconduct in comparable circumstances should ordinarily be treated alike, unless there is a fair and objective reason for distinguishing between them. Inconsistent application of discipline may render an otherwise fair dismissal substantively unfair.
Conclusion
Progressive discipline remains one of the cornerstones of fair labour practices in South Africa. By applying the principles contained in the Code of Good Practice on Dismissal, employers can use disciplinary warnings as effective corrective tools while promoting fairness, consistency and accountability in the workplace. Properly applied, disciplinary warnings provide employees with a meaningful opportunity to improve their conduct while enabling employers to demonstrate that dismissal has been considered only after appropriate corrective measures have proved ineffective, unless the seriousness of the misconduct justifies dismissal for a first offence.
