These Regulations are based on the following principles:
| (a) |
discipline is a corrective and not a punitive measure; |
| (b) |
discipline must be applied in a prompt, fair, consistent and progressive manner; |
| (c) |
discipline is a line management function; |
| (d) |
the fair treatment of employees by ensuring that they— |
| (i) |
enjoy a fair hearing in both the formal and informer proceedings; |
| (ii) |
are timeously informed of allegations of misconduct made against them; |
| (iii) |
receive written reasons explaining the rationale for any decision taken; and |
| (iv) |
have the right to a recourse against any finding of misconduct or sanction imposed at a disciplinary hearing; |
| (e) |
an employee who is impartial and not in any way connected to the alleged misconduct must represent the employer at, preside over the disciplinary hearing or investigate alleged misconduct against an employee; |
| (f) |
as far as possible, the disciplinary proceedings must take place in the workplace and must be understandable to all employees; |
| (g) |
the disciplinary proceedings will be instituted and finalised notwithstanding the fact that the act of misconduct is also a criminal offence; |
| (h) |
disciplinary proceedings should not emulate court proceedings; |
| (i) |
the employee appointed to investigate the alleged misconduct must be of equal or higher rank than the employee being investigated; |
| (j) |
in all disciplinary proceedings the employee has the right to be represented by a union representative or a fellow employee; |
| (k) |
in the event that the employee denies an allegation of a serious misconduct, a formal disciplinary hearing must be instituted; |
| (I) |
a person appointed as a chairperson must act objectively, unbiased and protect the interest of both parties and at no stage must assume the role or act on behalf of any of the parties; and |
| (m) |
the investigation into an alleged misconduct separate from any other investigation. |
Public Service Commission Act, 1997
