, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
1. Explain the difference between a disciplinary transgression and a criminal offence and use
practical examples.
Difference between Disciplinary Transgression and Criminal Offence
Disciplinary Transgression
A disciplinary transgression refers to a violation of internal company rules, policies, or procedures.
These are actions that go against the guidelines established by the employer to maintain order and
discipline within the workplace. Disciplinary misconduct is addressed through internal processes
within the company, such as warnings, suspensions, or even dismissal. For example, reporting late to
work repeatedly, despite being informed of the company’s rules, could be considered a disciplinary
transgression. The investigation and decision-making in such cases are typically handled by the
company's Human Resources or internal investigative team, with outcomes based on the Labour
Relations Act (LRA) (Benson, 2016:16-19).
Criminal Offence
A criminal offence, however, involves actions that violate public law and can result in criminal
charges. Criminal offences are generally more severe and have broader societal implications. They
are investigated by law enforcement agencies such as the South African Police Service (SAPS) and
can lead to prosecution in a criminal court. Criminal offences are typically punishable by law
through fines, imprisonment, or other penalties. For instance, theft of company property is classified
as a criminal offence, and it must be proven in a criminal court based on the standard of "beyond
reasonable doubt" (Joubert, 2010:44-45).
Comparison
While both involve violations, the main distinction lies in the consequences and the governing bodies.
Disciplinary transgressions are resolved within the company using internal policies, whereas
criminal offences are subject to public law and judicial procedures. Furthermore, criminal offences
often involve a higher burden of proof ("beyond reasonable doubt") compared to disciplinary matters,
which are typically assessed on a "balance of probabilities" (Benson, 2016:23).
1. Explain the difference between a disciplinary transgression and a criminal offence and use
practical examples.
Difference between Disciplinary Transgression and Criminal Offence
Disciplinary Transgression
A disciplinary transgression refers to a violation of internal company rules, policies, or procedures.
These are actions that go against the guidelines established by the employer to maintain order and
discipline within the workplace. Disciplinary misconduct is addressed through internal processes
within the company, such as warnings, suspensions, or even dismissal. For example, reporting late to
work repeatedly, despite being informed of the company’s rules, could be considered a disciplinary
transgression. The investigation and decision-making in such cases are typically handled by the
company's Human Resources or internal investigative team, with outcomes based on the Labour
Relations Act (LRA) (Benson, 2016:16-19).
Criminal Offence
A criminal offence, however, involves actions that violate public law and can result in criminal
charges. Criminal offences are generally more severe and have broader societal implications. They
are investigated by law enforcement agencies such as the South African Police Service (SAPS) and
can lead to prosecution in a criminal court. Criminal offences are typically punishable by law
through fines, imprisonment, or other penalties. For instance, theft of company property is classified
as a criminal offence, and it must be proven in a criminal court based on the standard of "beyond
reasonable doubt" (Joubert, 2010:44-45).
Comparison
While both involve violations, the main distinction lies in the consequences and the governing bodies.
Disciplinary transgressions are resolved within the company using internal policies, whereas
criminal offences are subject to public law and judicial procedures. Furthermore, criminal offences
often involve a higher burden of proof ("beyond reasonable doubt") compared to disciplinary matters,
which are typically assessed on a "balance of probabilities" (Benson, 2016:23).
