(1) Where an employee is found to be in breach of his or her terms and conditions of employment or is guilty of any misconduct such that the employer cannot reasonably be expected to continue to employ him or her if it is repeated, the employer may give the employee a written warning outlining the particulars of the offence.
(2) If an employee after being warned two more times after the warning referred to in subsection (1), is again found to be in breach of his or her terms and conditions of employment or is guilty of any misconduct in the following 12 months, the employer may dismiss the employee.
(3) An employer shall be deemed to have waived his or her right to dismiss an employee for a particular offence or instance of misconduct if he or she has failed to do so within the 12 months period after having knowledge of the particular offence or misconduct. (Amended by Act 6 of 2011)