Running a disciplinary process that stands up
Step 1 / 4·Internal labour regulations — the foundation of everything
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Learning objectives — after this module you will:
- Understand why internal labour regulations are the foundation of every decision
- Know the four disciplinary measures and the mandatory principles
- Recognise the procedural mistakes that make a decision unsustainable
Internal labour regulations — the foundation of everything
Understand why it all starts here.
Many companies discover the problem with their internal labour regulations at the worst possible moment: in the middle of a live case. The rules are either unregistered, never actually communicated to employees, or written so vaguely that they can't serve as a basis for anything.
Under the Labour Code 2019, an employer with 10 or more employees must have written internal labour regulations, and those regulations must be registered with the provincial labour authority. They take effect only once that process is complete and employees have been informed.
Four questions to answer BEFORE handling any case
- IS THIS CONDUCT DEFINED? If it's not in the regulations, the contract or the law, there is no basis for disciplinary action.
- ARE THE REGULATIONS IN FORCE? Registered with the labour authority, and posted and communicated to employees?
- WAS THIS PERSON INFORMED? Is there a signed acknowledgement that they received the regulations when they joined?
- IS THE MEASURE PROPORTIONATE? Does the intended measure fit the conduct, and is it consistent with similar past cases?
Vague regulations are unusable regulations
'Employees must maintain an appropriate attitude' sounds reasonable but can't ground a decision, because nobody can prove what 'appropriate' means. Usable regulations describe OBSERVABLE BEHAVIOUR: what act, where, in what circumstances, counts as a breach and at what level.
Key takeaway: Without valid, registered and communicated regulations there is no basis for discipline — however clear the conduct.