DISCIPLINARY CODE

DISCIPLINARY CODE & PROCEDURE

This code serves as guideline to the employee with reference to what will be deemed as irregular conduct. It spells out how ___________will deal with any occurrences of misconduct and gives guidelines as to the disciplinary measures which may be imposed.

1. MISCONDUCT

Misconduct will be divided in three categories, i.e. minor transgressions, serious misconduct and very serious misconduct. The seriousness of the misconduct will determine how the offence will be dealt with. The different types of misconduct and their degree of seriousness are set out in the table below:-

MINOR TRANSGRESSIONS

SERIOUS MISCONDUCT

VERY SERIOUS MISCONDUCT

Late for duty

Absence

Refusal to carry out legitimate instructions

The taking of longer rest breaks than allowed or leaving the workplace early without permission

Loss of, or damage to property of _________or any of its clients through negligence

Theft

Petty negligence (negligence which does not hold serious financial implications)

Fake disease

Assault or violence

Sleeping on duty

Dishonesty or the making of misrepresentations

Unruly behaviour

Misuse of alcohol or drunkenness whilst on duty

Misuse of information unique to ____________or any of its clients and/or which is regarded as confidential by ______________for personal gain

Malicious damage to property

Unauthorised use of property belonging ____________or any of its clients for private / personal use or gain

Serious undermining of ___________business, position or authority

Poor work performance

Poor work performance includes, but is not limited to, sloppiness, non-compliance with return dates, incomplete work. Poor work performance will be dealt with similarly to minor transgressions.

In case of repeated, patterned transgressions of any kind over a prolonged period, _____________-will be entitled to subject the employee to a disciplinary enquiry. In such a case the employee will be charged with poor work performance as a serious transgression.

Disability

Disability is not misconduct but is included here because it may lead to the termination of the employment contract. Two types of disability are distinguishes, i.e. disability due to disease, which may be temporary or permanent, and disability on judicial grounds.

hen an employee becomes disabled due to disease, the probability of recuperation will be considered and leave without remuneration may be granted for a period agreed upon. _______________may thereafter consider dismissal with notice , taking into account the type of work which is to be done and the impact of the employee’s continued illness will have on it.

An employee becomes disabled due to judicial grounds if he/she is detained. _______________may dismiss such an employee after considering the reason for detention as well as the (expected) duration thereof.

Desertion

An employee will be deemed to have deserted the employ of ______________if he / she is absent from duty for a period exceeding seven (7) days without providing a valid reason for such absence or without permission. ______________ will warn an employee on the third consecutive day of absence of the consequences of his / her absence.

If absence starts on a Monday following a weekend or any day following a public holiday, the first day of absence will be deemed to be the Monday or the first working day following the public holiday. If a weekend or public holiday follows any consecutive number of days of absence, the weekend or public holiday will be included in the calculation of the seven (7) day period.

If an employee reports for duty within seven (7) days of his last day on duty, he / she will be subjected to a disciplinary hearing. If the employee is still absent after seven (7) days, _____________will terminate the employment contract and no benefits will be payable.

Should an employee report for duty within a reasonable time after his / her employment contract has been terminated due to desertion, _______________-may consider re-employment if the employee can produce reasonable and valid reasons for his / her actions and with consideration for whether the position has been filled or not.

2. DISCIPLINARY MEASURES

2.1 The following serves as a guideline of which disciplinary measures will be imposed for different types of transgressions. _____________may in its discretion impose a lighter disciplinary measure than given in this guideline at any time, provided that such a decision is reasonable and consistent with the treatment of other employees under similar circumstances.

MINOR TRANSGRESSIONS

SERIOUS MISCONDUCT

VERY SERIOUS MISCONDUCT

1^st TRANSGRESSION

Verbal warning

First or Final written warning

Final written warning or dismissal with or without notice

2^ND TRANSGRESSION

First written warning

Final written warning or dismissal with notice

Dismissal with or without notice

3^RD TRANSGRESSION

Final written warning

Dismissal with notice

4^TH TRANSGRESSION

Dismissal with notice

2.2 Validity of warnings

TYPE OF WARNING

PERIOD VALID

Verbal warning

Three (3) months

First written warning

Six (6) months

Final written warning

Nine (9) months

f a valid warning exists against an employee when he / she is found guilty of an offence, the existing warning will be taken into account when the disciplinary measure is imposed. An existing warning may thus have an aggravating effect on a following disciplinary measure.

2.3 Dismissal with or without notice will be without payment of leave credits. No service certificate or letter of commendation will be issued.

The notice period is dependant on the payment method:-

* If the employee received salary on a monthly basis, one (1) month notice will be given or one (1) month’s salary will be paid in lieu of notice.

* If the employee received salary on a weekly basis, one (1) week notice will be given or one (1) week’s salary will be paid in lieu of notice.

Dismissal on grounds of disability will take place with notice or with payment in lieu of notice. A letter of commendation and a service certificate will be issued.

3. SUSPENSION

An employee may be suspended temporarily pending the conclusion of a disciplinary enquiry into a very serious transgression. Suspension will take place with retention of salary and is not a disciplinary measure. The purpose of suspension is exclusively to protect _________-against any further damage that may be caused by the continued presence of such an employee in the workplace.

When suspension is considered, ____________must provide the employee with the reasons for the contemplated action. _____________must also avail the employee an opportunity to furnish reasons why he / she is of the opinion that suspension is not warranted.

After having decided to suspend an employee in terms of this procedure, ____________must inform the employee of the reasons for this decision.

The disciplinary enquiry must take place as soon as reasonably possible after suspension.

4. DISCIPLINARY PROCEDURE

4.1 Minor transgression

In the case of a minor transgression for which no previous disciplinary measure is valid, any manager or any employee of _________who is in a supervisory position in respect of the offending employee may summarily issue a verbal warning.

A verbal warning is recorded informally by way of a note.

4.2 Serious and very serious misconduct

_____________will inform the employee in writing of a disciplinary enquiry into alleged misconduct within a reasonable time after the alleged misconduct took place. The following information will be provided:-

* The transgression which the employee is alleged to have committed.

* Reasonable information with regard to the alleged misconduct that will enable the employee to prepare his / her defence. This includes mention of the place, date and time of the incident.

The date, time and place of the disciplinary enquiry.

* The employee will be informed of his / her right to representation and the right to present his / her case at the inquiry.

____________will give an employee at least 48 hours notice of a disciplinary enquiry and such notice will not take place over a weekend.

The employee will be entitled to representation by a recognised trade union representative or a fellow employee.

The disciplinary enquiry will take on a formal format. At least the following persons will be present at the enquiry:-

* The chairperson - a manager of ___________

* Secretary - only for the taking of minutes. The secretary has no influence on the proceedings.

* The accused employee

* Witnesses

4.2.1 Course of the enquiry

During the inquiry the employee will be confronted with the alleged transgression and he / she will be availed the opportunity to state his / her side of the case. The chairperson will listen to and evaluate all the evidence and will come to a conclusion as to the employee’s guilt based on the balance of probabilities.

The following steps will take place during the inquiry:-

* The charge(s) will be read to the employee.

* The employee will be given the opportunity to plea on the charges, i.e. he/ she will indicate whether he / she is guilty or innocent of the alleged misconduct.

* If the employee pleas guilty, no evidence is heard and the chairperson only hears the employees opinion regarding an appropriate disciplinary measure, and studies the employees employment record with the company, where after the disciplinary measure is imposed.

* If the employee pleas not guilty, the chairperson will call witnesses to state the employer’s case.

* The employee will have the opportunity to cross-examine every witness.

* The employee will then have the opportunity to call his / her witnesses and to question them.

* The chairperson may question the employee’s witnesses.

* After all the evidence has been heard, the chairperson gives the employee the opportunity to summarise his / her case and to give his / her opinion regarding the finding the chairperson should arrive at, considering all the evidence.

* The chairperson now summarises the evidence.

* The chairperson may now adjourn the inquiry to reach a decision regarding the employee’s guilt or innocense.

* The chairperson now makes the decision regarding the employee’s guilt or innocense known and gives reasons for the decision.

* The employee’s service record is now presented to the chairperson.

* The employee is given the opportunity to give evidence in mitigation and to request the chairperson to impose a specific disciplinary measure..

* If applicable, the chairperson may hear the employee’s supervisor on the question of an appropriate disciplinary measure.

* The chairperson may again adjourn the inquiry to decide on a disciplinary measure.

* The chairperson makes the disciplinary measure known and gives reasons for the decision.

* The disciplinary measure is recorded on the appropriate form and the employee is requested to sign the form as acknowledgement of receipt. Should the employee refuse to sign, any witness present may sign as proof that the employee has heard the disciplinary measure.

C The chairperson informs the employee of the right to refer this matter for further attention in terms of the Labour Relations Act, 1995..

______________-will keep written record of all disciplinary inquiries and such records will be kept on the employee’s personal file. Any such records must be made available to the employee or his / her authorised representative on written request.

This procedure may be amended by ____________ in consultation with all the affected employees, provided that the procedure is not in conflict with the provisions of the Labour Relations Act, 1