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Disciplinary Letter Of Concern Template for South Africa

A Disciplinary Letter of Concern is a formal written communication in South African employment law that serves as an early intervention tool in the progressive discipline process. It documents specific workplace concerns about an employee's conduct or performance while providing clear expectations for improvement. This document, governed by South African labour legislation including the Labour Relations Act and the Code of Good Practice on Dismissal, establishes a formal record of the issue while maintaining a constructive approach aimed at correction rather than punishment. It includes specific details about the concerning behavior, expected standards, timeline for improvement, and potential consequences, all while ensuring compliance with South African fair labor practices.

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What is a Disciplinary Letter Of Concern?

The Disciplinary Letter of Concern is a crucial document in South African employment relations, typically used as an initial formal step in addressing workplace issues before proceeding to more serious disciplinary measures. It serves as a bridge between informal verbal warnings and formal written warnings, aligning with the principles of progressive discipline as outlined in South African labour legislation. This document should be used when an employee's conduct or performance requires formal attention but doesn't yet warrant a formal written warning. The letter documents specific concerns, sets clear expectations for improvement, and outlines consequences of non-compliance, while maintaining a constructive tone aimed at correction. It must comply with the Labour Relations Act 66 of 1995, the Employment Equity Act, and the Code of Good Practice on Dismissal, ensuring procedural fairness and proper documentation of the disciplinary process.

What sections should be included in a Disciplinary Letter Of Concern?

1. Letter Header: Company letterhead, date, employee details, and reference number

2. Subject Line: Clear identification as 'Letter of Concern - Disciplinary Matter'

3. Incident Details: Specific description of the concerning behavior or performance issue, including dates and instances

4. Impact Statement: Explanation of how the behavior affects the workplace, team, or company objectives

5. Expected Standards: Clear outline of the company's expectations and relevant policies

6. Required Improvements: Specific actions or changes required from the employee

7. Timeline: Timeframe for expected improvement and review period

8. Support Measures: Available resources and support to help employee improve

9. Consequences: Potential outcomes if improvement is not achieved

10. Closing: Signature block and acknowledgment section

What sections are optional to include in a Disciplinary Letter Of Concern?

1. Previous Discussions: Reference to prior verbal warnings or discussions - include if there have been previous informal interventions

2. Performance History: Brief overview of relevant past performance - include if the current issue is part of a pattern

3. Training Requirements: Specific training or development needs - include if additional training is part of the improvement plan

4. Union Representative Notice: Reference to union involvement rights - include if employee is unionized

5. Medical Accommodation: Reference to medical considerations - include if health issues are relevant to the performance concerns

What schedules should be included in a Disciplinary Letter Of Concern?

1. Performance Improvement Plan: Detailed plan with specific goals and metrics for improvement

2. Relevant Policy Excerpts: Copies of specific company policies that have been violated or need to be followed

3. Incident Reports: Documented instances of the concerning behavior or performance issues

4. Meeting Notes: Records of previous discussions or counseling sessions related to the issue

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use

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