Delays in Disciplinary Action: Why Timing Is Critical in South African Labour Law.
- corpfin1
- Jan 10
- 2 min read
The role of an employer in South Africa is multi-dimensional and navigating employee misconduct remains a complex legal challenge. Yet one principle remains constant: disciplinary action must be both procedurally and substantively fair. Too often, employers fail not because the misconduct wasn’t serious, but because action was delayed. This delay can render an otherwise fair dismissal legally invalid.
Understanding the Disciplinary Process
Under Schedule 8 of the Labour Relations Act 66 of 1995, disciplinary processes should follow a progressive, corrective approach. Before dismissal is considered, employers should:
Issue verbal warnings for minor offences
Progress to written and final warnings for repeated or serious misconduct
Conduct a formal hearing before final written warnings or dismissal
Each warning type carries a validity period:
Verbal: 3 months
Written: 6 months
Final: 12 months (subject to internal policy)
Disciplinary action must be timely, delays may compromise procedural fairness, even if the employer has a strong substantive case.
Checklist for Employers: Disciplinary Best Practice in 2025
Act Promptly - there are no fixed timelines in legislation, but delays must be justified.
Gather Evidence Efficiently - investigate thoroughly, but avoid unnecessary timeframes.
Apply Internal Policies - stick to organisational disciplinary codes and warning validity periods.
Classify Misconduct Accurately - determine whether the action warrants verbal, written, or formal procedures.
Decide and Execute Swiftly - don't wait weeks to initiate a hearing or issue a warning.
Err on the Side of Process - when uncertain, conduct a hearing rather than ignore the issue.
Conclusion
In the current legal climate, delayed discipline is risky discipline. Employers who fail to act within a reasonable timeframe may face costly CCMA awards and reputational harm.
Need help auditing your internal disciplinary procedures? Our Employment Law team at Kern, Armstrong & Associates is ready to help - info@kernattorneys.co.za
