Disciplinary Code And Procedure In Employment Relation

1.1. Introduction

According to Venter & Levy (2009), an employment relationship consists of two sectors; a primary employment relationship and a secondary employment relationship. The secondary employment relationship is a relationship between the employer, employee and the state.

According to the researcher the state provides a legislative framework that consists of employment relations policies and procedures that govern the interactions between the relationships of employment that take place in an employment relationship, the framework also provides protection of the rights of the employees/ employer.

This paper will be provide a complete discussion on the following employment relations policies/procedures, disciplinary code and procedure,

Procedural requirements do not apply where the parties in dispute have referred the case to their own bargaining council and yet the case still remains unresolved, where the parties have negotiated on their own procedures, when employees strike and it does not conform with the Act, when an employer locks out employees and they also do not comply with the Act and when the employer changes the employment policies, terms and conditions and does not inform the employees (Venter & Levy, 2009).

Requirements for a fair hearing:

Every employee is entitled to a fair hearing; the requirements of a fair hearing are as follows (Venter & Levy,

Unfair discrimination

According to the researcher unfair discrimination is a practice that most employers take part in especially during the processes of selection and employing new employees into the organisation.

In some companies only people of a specific race represent the majority and minority are the designated groups, designated groups include black people, coloureds, Indians, people with disabilities and women.

1.5.4. Prohibition of unfair discrimination

Individuals can be discriminated unfairly against their age, either being told that they are told old to work at that specific organisation or that they are beyond their employment range in age, disability, equal pay/compensation when individuals of the same sector receive different pays whilst performing the same work, harassment being sexually harassed, pregnancy an individual that is pregnant cannot be dismissed because of their pregnancy, race, colour, religion and sex.

According to the Act it is not unfair discrimination to (Venter & Levy, 2009):

 To take affirmative measures consistent with the