Transcription of Volume 24 No. 4 November 2014 Consistency in discipline
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Volume 24 No. 4 November 2014 Consistency in discipline
Page 31 The general approach T he idea that an employer must apply discipline in a consistent fashion is explic-itly provided for in item 7 of the Code of Good Practice: Dismissal and is deeply imbedded in our con-ceptions of fairness as applied in the workplace. Its application in prac-tice has generally been uncontro-versial. The general principle is that an employer must act in a consistent manner ( comply with the parity principle ) when applying discipline . A distinction can be drawn be-tween historical inconsistency and contemporaneous inconsis-tency.
Page 32 misconduct of the comparator. The general approach is summarised in the often-quoted decision of Southern Sun Hotel Interests (Pty) Ltd v CCMA & others (2009) 11 BLLR
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