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Thesis (MPA.) -- University of Limpopo, 2015 / The Department of Justice and Constitutional Development has been mandated by the government of the day to render accessible, fair, speedy and cost effective administration of justice in the interest of a safer and more secure South Africa. The department then set service standards to be able to achieve its goals. Like other departments in the country, the department of Justice has officials who perform duties to ensure that service is delivered to people. These officials have to conduct themselves in an acceptable manner prescribed by the employer. Since the code of conduct has been developed to promote and maintain high standard of professional ethics throughout the public service, the code of conduct is mandatory if effective service delivery is to reach all South Africans. Public servants must ensure that their conduct conforms to the basic values and principles governing public administration. The research focused on how discipline is managed in Malamulele cluster magistrate’s courts, in Limpopo Province, South Africa. Qualitative research methodology was used. Results indicated that some structures and individuals know their roles and responsibilities in management of discipline, however the understanding is only to a certain extent. Managers have been made to believe that it is proper to attend only less serious misconducts and refer the serious ones to the labour relations section at the regional level. Recommendations were advanced on activities that need to be performed in order for discipline to be well managed.

Conflict between managers and employees is inevitable in any organization, whether public or private. Often, the source of the conflict is employee non-compliance. Managers are responsible for disciplining those employees whose performance or conduct is sub-standard or inappropriate. Therefore, the ability to effectively address employee non-compliance is an essential skill for all managers. Most employee discipline systems fall into one of three categories: traditional, progressive, and affirmative. Traditional systems were prevalent in the late-nineteenth and early twentieth centuries. An autocratic, demanding manager would mete out punishment to non-compliant employees both as an action against the employee and as a warning to other employees. Employees were often terminated for their first offense. With the advent of labor unionism and fair labor practices in the first half of the twentieth century, organizational leaders were required to develop more progressive employee discipline systems which protected employee "due process" and which allowed time and opportunity for improvement by the non-compliant employee. Progressive employee discipline systems are the most prevalent discipline systems in America's workforce today. These systems entail three or four steps, with each successive step usually resulting in more severe penalties for the same offense or more severe offenses. Progressive employee discipline allows the employee an opportunity to respond to non-compliance issues and to try to improve it to the extent required to maintain their position. A new employee discipline system, affirmative discipline, has gained adherents in the private sector primarily. Affirmative employee discipline systems do not use punishment to correct employee non-compliance but instead, ask managers to "coach" and "counsel" the non-compliant employee to better behavior and performance. Rehabilitating the employee's non-compliance is the primary goal of affirmative systems. The emphasis is not only upon the non-compliant employee, but on rehabilitating the "marriage" of non-compliant employee and direct supervisor. Little evidence exists to determine the extent to which progressive and affirmative employee discipline systems are being utilized in the modern organization. No evidence exists that indicates the prevalence of these systems in Florida's healthcare institutions. A survey-based analysis of the use of progressive and affirmative employee discipline systems in Florida's hospitals resulted in respondents indicating frequent utilization of formal progressive employee discipline systems. Designed in three or four steps, these progressive systems allow the employee to improve his/her behavior. Two common tools in progressive systems, the verbal warning and the performance counseling statement, are utilized frequently based upon those respondents surveyed. The use of affirmative employee discipline systems, on the other hand, is relatively rare. The use of written behavior contracts to elicit improved employee compliance is also quite rare. The vast majority of respondents appear to be unfamiliar with the use of written behavior contracts to elicit improved employee compliance.