5 DISCIPLINARY CODE AND PROCEDURE DISCIPLINARY CODE CATEGORY NATURE OF OFFENCE DISCIPLINARY ACTION GUIDELINES FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE FOURTH OFFENCE TIMEKEEPING Late for work or leaving work early without permission Absence from work without permission ie failure to attend work Absence from workstation without permission Desertion: away from work for three working days without permission and/or failing to notify the company WORK OUTPUT Poor performance low quantity of output and unsatisfactory attitude to such performance Counselling Final Written Warning Sleeping on duty Refusal to obey lawful, reasonable and safe instructions QUALITY OF WORK Poor quality or work and/or not working to standards Poor care or maintenance of vehicle/equipment entrusted to your care Wastage of material Damage to equipment or material through negligence
6 DISCIPLINARY CODE cont. CATEGORY NATURE OF OFFENCE DISCIPLINARY ACTION GUIDELINES FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE FOURTH OFFENCE SOCIAL Unauthorised display of insignia of an intimidatory or unsavoury nature Injury to others through negligence or horseplay Unauthorised possession of dangerous weapons at work/on company premises Under the influence of alcohol or intoxicating drugs at work Unauthorised possession of alcohol or non-medial drugs on work premises Threat of assault Threat of assault to supervisor or superior or fellow employee Assault/fighting Intimidation or incitement to violence or illegal action Drivers picking up unauthorised persons Theft/ Fraud/Misrepresentation ATTITUDINAL Failure to observe company rules (depend on the impact of the failure) Being in an out of bounds area without authorisation or good reason Final written warning Failure to wear protective clothing or equipment where supplied Final written Warning Use of abusive and/or derogatory and/or offensive language or signs Final Defacement of company property including clothing Failure or refusal to carry out a reasonable and lawful instruction
7 DISCIPLINARY CODE cont. CATEGORY NATURE OF OFFENCE DISCIPLINARY ACTION GUIDELINES FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE FOURTH OFFENCE ATTITUDINAL (continued) Deliberate violation of a safety rule endangering fellow workers Gross insubordination, serious disrespect, insolence or impudence Negligence (depending on degree of negligence) Written Warning Final Written Warning Gross negligence Gross incompetence Breach of employee s duty of good faith to the company Sexual harassment OTHER Driving company vehicle without authority Deliberately supplying incorrect or falsified information Failure to report an accident or damage to company property Willful or negligent damage to company materials, equipment, possessions or property Unauthorised possession of company goods or property Dishonesty Unauthorised removal of company goods or property Driving company vehicle whilst under the influence of alcohol or drugs Divulgence of confidential company information without appropriate authority Inappropriate electronic communications usage Any other reason recognised in law as being sufficient grounds for instant dismissal eg fraud etc
8 DISCIPLINARY PROCEDURE 1. OBJECTIVE 1.1 The primary objective of the disciplinary code and procedure is to ensure that employees behaviour is properly guided and to further cultivate the climate and culture of discipline in the workplace. 1.2 This disciplinary code and procedure is based on corrective action rather than punitive action and has adopted the progressive discipline. 1.3 The disciplinary procedure aims to ensure that fair and consistent treatment of employees is maintained and to promote sound industrial relations. 2 GENERAL TERMS 2.1 The maintenance of discipline within the workplace is a management prerogative; 2.2 The disciplinary procedure and code applies to all employees irrespective of race, occupation or any form of discrimination; 2.3 The disciplinary code and procedure forms part of the contract of employment. Any warning issued to an employee will remain in the employees file as follows: Verbal Warnings : 3 months Written Warnings : 6 months Final Written Warnings : 12 months 3 NATURE OF DISCIPLINARY MEASURES 3.1 There are four methods of disciplinary action which may be taken against an employee. In order of severity these are: 3.1.1 Counselling before reverting to disciplinary action; 3.1.2 Verbal Warning; 3.1.3 Written Warning; 3.1.4 Final Written Warning; 3.1.5. The various offences necessitating such disciplinary action are detailed in the disciplinary code above. 3.2 All reprimands are cumulative and must be considered as signifying a breach of the contract of employment.
9 3.3 At the sole discretion of management the decision to dismiss may be reduced in severity to a period of suspension without pay, or demotion where factors are deemed to exist which warrant such demotion. In such cases the employee will be requested to sign an agreement to such unpaid suspension or demotion and should he or she refuse to do so the original decision to dismiss will thereafter be upheld. 4 EMPLOYEE RIGHTS An employee has the following rights: Right to a hearing and an opportunity to state his/her side of the case; Right to be represented by a fellow employee that is in the employ of the company; Right to an interpreter; Right to bring witness/es to support his/her case; Right to cross examine the witness/es of the employer. 5 PROCEDURE 1. Verbal and Written Warnings issued in terms of this procedure will be issued in an informal manner. 2. The employee concerned will be asked to attend an informal meeting in the office of his or her immediate superior in the presence of an employee representative, should the employee desire the presence of a representative. 3. The transgression or transgressions will be discussed informally and where appropriate, a warning issued by the superior. 4. A copy of this warning will be given to the employee concerned. 5. The employee concerned will be asked to sign the warning in acceptance of receipt thereof. Should the employee refuse, the superior will indicate on the warning that the employee refused to sign. The warning will thereafter be retained in the personnel file of the employee. 6. In deciding upon the appropriate warning to issue, the superior will take into account mitigating factors and circumstances and the previous conduct of the employee. 7. Where warnings have been accumulated, or the offence is sufficiently serious that a final written warning or dismissal may be considered as an appropriate sanction, the superior will request the convening of a formal disciplinary enquiry. 8. The employee will be provided with a disciplinary enquiry notification as per Form 1, which shall indicate the rights of the employee at the disciplinary enquiry, the date, time and venue of the enquiry, and the disciplinary transgressions of which the employee has been accused.
10 9. The formal disciplinary enquiry shall be conducted by a competent designated Manager, this Manager will determine whether the accused is guilty of the transgression and where guilt is determined, shall consider mitigating and aggravating factors in deciding upon an appropriate sanction. 10. The disciplinary enquiry shall be tape-recorded and the accused is entitled to request a copy of these tape recordings from the Company. 11. Where an employee has consented either through signature on their letter of appointment or by specific agreement as per Form 2, a pre-dismissal arbitration meeting will take place in substitution of a formal disciplinary enquiry. 12. Employees who earn below the WCA/UIF limit per annum have the option of agreeing to a PDA for a specific disciplinary charge. Should a PDA not be agreed to as per Form 2 then a formal disciplinary enquiry will ensue. 13. Should the employee be dissatisfied with the result of a formal disciplinary enquiry then he or she has the right to appeal against such a decision in light of new evidence by means of the use of Form 3. 14. Should the appeal decision be upheld, the employee would enjoy the rights to due recourse in terms of the Labour Relations Act. 6 UNPROTECTED COLLECTIVE ACTION Where the employees are engaged in an unprotected collective action such as strike (failure to work), go slow (retardation or reduction of work), overtime ban (refusal to work overtime in contradiction to existing custom and practise) stay-away (coordinated deliberate absenteeism), it may not be physically possible for individual disciplinary enquiries to be held. In such circumstances a collective disciplinary hearing will be held and the striking workers will have to nominate employees to represent and give evidence in the hearing. 7 SUSPENSION An employee may be suspended on full pay until the case is finalised on the following bases: That the employee, if he/she continues to work, may tamper with the investigation and/or evidence; That the employee poses a danger to fellow employees or company property; That the offence committed by the employee is so serious that the employer has a serious suspicion that the trust relationship might be irreparably broken.