Categorising offences in the workplace

The disciplinary code is a guideline for employees to be informed of what is considered unacceptable behaviour in the workplace and to ensure that disciplinary actions are applied reasonably, consistently and fairly.

Main purpose of the disciplinary code

The main purpose of the disciplinary code is to maintain order and discipline within the work environment through fair and consistent procedures. This includes the following aspects:

• Maintaining discipline: The employer strives to maintain discipline in a fair manner with a focus on progressive discipline.
• Preventing unacceptable behaviour: The code aims to prevent unacceptable behaviour of employees.
• Changing behaviour: Through positive influence, employees must be encouraged to adjust their behaviour.
• Maximising productivity: The ultimate goal is to improve productivity in the workplace.

Principles

Good principles in the disciplinary code include:

• Responsibility: Discipline is the employer’s responsibility and must be carried out by supervisors and management.
• Reasonableness: Disciplinary action must be reasonably based on the seriousness of the offence and the employee must be aware of the employer’s expected standard.
• Opportunity to appeal: It is practical to make provision in the disciplinary code for employees to have the opportunity to appeal against any sanction.
• Representation: Employees have the right to request internal representation during disciplinary hearings.

Disciplinary sanctions

The disciplinary code provides guidelines for dealing with disciplinary action, with an emphasis on progressive discipline. This includes the following types of sanctions:

• Verbal warnings: This type of warning is usually valid for a shorter period, such as three months, and is issued for first offences or less serious misconduct.
• Written warnings: These warnings are issued when verbal warnings are insufficient, or for more serious offences. This is more serious than a verbal warning and is also usually valid for a longer period, such as six months.
• Serious written warnings: These warnings are given for repeated offences or for more serious misconduct. The warning is more serious than a written warning and is also usually valid for a longer period, usually around, for example, six months.
• Final written warnings: These warnings are given for repeated offences or for very serious misconduct and indicate that the next offence may lead to a disciplinary hearing. The warning is more serious than a serious written warning and is also usually valid for a longer period, usually about 12 months, for example.
• Dismissal: Dismissal should always be the last option, or for cases of extremely serious misconduct, which causes a breach in the relationship of trust between the employer and employee. Dismissal cannot be carried out without a disciplinary hearing, because the hearing ensures that a fair procedure is followed and confirms the substantive reason for dismissal. Dismissal is appropriate when a valid final written warning for similar misconduct was still insufficient to lead to behavioural improvement.

Categorisation of offences

Sometimes it is more user-friendly to divide the disciplinary code into several categories by grouping similar offences. Common categories include:

• Category 1: Absence – Offences that may lead to disciplinary action, where employees are not present according to their contracted and or scheduled working hours.
• Category 2: Control at work – Employees must recognise the employer’s right to exercise control. This includes obeying rules and the proper use of the employer’s property.
• Category 3: Industrial action – The right to strike is protected, but must be carried out within the legal framework. Unprotected strikes may have disciplinary consequences.
• Category 4: Disorderly conduct – Disorderly conduct can negatively affect the workplace’s productivity and safety. Employees must comply with reasonable instructions.
• Category 5: Theft or fraud – The employment relationship is based on trust. Serious offences, such as theft, may result in immediate dismissal.

The disciplinary code is an essential tool for managing behaviour in the workplace. It guarantees that all employees are treated fairly while there is a structure in place to deal with unacceptable behaviour. By taking a progressive approach, employers and employees can work together to create a productive and harmonious work environment.

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