The LRA Code of Practice should be the starting point for employers when dealing with disciplinary and grievance situations. The Code itself is silent as to whether it applies after termination of employment. An employer’s failure to follow the Code does not, in itself, result in liability. However, tribunals will take the Code into account when considering relevant cases.

It is possible to argue that the Code does not apply post-termination on the basis that it sets out principles for handling disciplinary and grievance situations in the workplace with a view to resolving those situations so that the employment relationship may continue. Nevertheless, the definitions of ‘employee’ and of ‘employer’ could potentially encompass former, as well as current employees.

The Code states that employers should, “After the meeting decide whether or not disciplinary or any other action is justified and inform the employee accordingly in writing”. Unless there are any particular reasons for withholding the outcome, employers might consider issuing the same in the interests of openness and transparency.