Counselling as progressive discipline when dealing with misconduct

Counselling is a recognised form of progressive discipline in the workplace, yet its value is often underestimated when employers consult with employees about workplace infringements.

Schedule 8 of the Labour Relations Act (LRA) sets out the Code of Good Practice: Dismissal, which provides guidelines for employers considering disciplinary processes and measures. Item 6(2) of the Code emphasises that the purpose of disciplinary action is corrective. This is achieved primarily by addressing an employee’s conduct through graduated measures, which, depending on the circumstances, may include counselling.

Counselling can therefore be understood as a structured consultation with an employee, aimed at informing them of the problem and attempting to correct and improve the employee’s behaviour going forward.

Principle of progressive discipline

The principle of progressive discipline recognises that the purpose of discipline is to help employees understand the standards expected of them. Employers must take reasonable steps to improve or modify behaviour through the systematic use of counselling sessions and warnings.

A written warning notifies an employee that a workplace rule or procedure has been breached. It further advises that if the same misconduct is repeated within a specified period, more serious disciplinary action may follow. However, the issuing of a written warning does not necessarily mean that the employee fully understands the employer’s disciplinary code or the broader consequences of the misconduct for the employer and fellow employees.

Counselling is an appropriate disciplinary measure in situations where an employee’s conduct does not align with a workplace rule or standard, or where the employee is unaware of a rule regulating behaviour. It is also suitable in cases where the misconduct is not of a serious nature.

Example

A common example is an employee who repeatedly arrives late for work. In terms of the LWO’s template disciplinary code, an employer may issue a written warning after the first instance of reporting late for work. Following a third incident and after a final written warning has been issued, the employee may be dismissed (after a disciplinary hearing) for a fourth occurrence. In such circumstances, the employee is made fully aware that persistent late arrival is unacceptable and that the employer has applied progressive discipline. The question, however, is whether the employee truly understands why punctuality is important.

In these cases, counselling as part of progressive discipline can be valuable for both employer and employee. During a formal counselling session, the employer can explain the negative impact and consequences of reporting late for work, while the employee is given the opportunity to provide reasons for their repeated lateness. The consultation also creates space to discuss possible solutions and practical steps to resolve the issue.

Keep record

As with warnings, it is essential to keep a record of counselling consultations with an employee, and any decisions or suggestions made must be documented in writing. This serves as proof that counselling has been applied as a form of progressive discipline. If the misconduct persists, the employer will have no choice but to implement other measures of progressive discipline, such as written warnings.

Is it always appropriate?

Is counselling always appropriate? No. Counselling as a form of progressive discipline is not suitable in cases of serious misconduct, such as theft, gross negligence, or dishonesty. These transgressions typically constitute serious misconduct in most workplaces and often result in an irreparable breakdown of the trust relationship between employer and employee.

Progressive discipline — and counselling in particular — can be effective when the employee makes a genuine effort to avoid repeating the misconduct and to correct their behaviour.

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