The importance of consistency in disciplinary matters
[Monday, November 09, 2009 13:41:08]An employer should be consistent in the application of discipline in its workplace. The reason for this, as demonstrated by the Labour Court in Greater Letaba Local Municipality v Mankgabe NO & Others (2008) 29 ILJ 1167 (LC), is that consistent discipline creates certainty and enhances the faith of the workforce in the employer's disciplinary system as an unbiased, fair, just and equitable system.
The Court put it thus, at par 37 of the judgment:
“Unless an employer is seen to be manifestly consistent in punishing the offending employees even-handedly, there is the danger that the offender's fellow employees will inevitably and justifiably so consider themselves to be hard done by and aggrieved by the employer's selective discipline.”
It is therefore of paramount importance that an employer investigates the allegations before initiating a disciplinary hearing. If it is found during the investigating stage that previous instances of the same misconduct have resulted in final written warnings, it would be wise to impose the same sanction at the disciplinary hearing, unless the employee is a repeat offender and the aggravating circumstances suggest that a harsher penalty of dismissal is called for. Consistency ultimately strengthens the employer’s moral rationale while ensuring harmonious labour relations.