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Correctional Services Act, 1998 (Act No. 111 of 1998)

Regulations for the Administration of the Department of Correctional Services of the Republic of South Africa

Schedule A – 2007

4. Codes, Rules and Standards

 

4.1 The Code of Good Practice: Dismissal contained in Schedule 8 of the Labour Relations Act, 1995, insofar as it relates to discipline, constitutes part of this Code and Procedure.

 

4.2 Employee conduct that may warrant a disciplinary action is listed in Annexure A. This list is not exhaustive. Management may discipline an employee in respect of other conduct, if the employee knew, or could be reasonably expected to have been aware, that the conduct constituted grounds for disciplinary action.

 

4.3 In applying Annexure A, management must assess the seriousness of the alleged misconduct by considering:
4.3.1 The nature of the employee's work and responsibilities;
4.3.2 The extent of the alleged misconduct or any dishonesty displayed by the employee;
4.3.3 The actual or potential impact of the alleged misconduct on DCS, the employee's component, colleagues and/or the public;
4.3.4 The regularity of the misconduct;
4.3.5 The circumstances in which the misconduct occurred;
4.3.6 Any other factor which, in the light of the peculiar circumstances prevailing at the place and time where the misconduct was committed, should be taken into consideration;
4.3.7 Whether, objectively seen, the employer/employee relationship has been damaged or has become intolerable.