Disciplinary code, Policies, Procedures and Guidelines

  1. CODE AND PROCEDURE FOR DEALING WITH MISCONDUCT
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    This document sets out the disciplinary procedures and the disciplinary code of the company. Its
    aim is to uphold the standards of individual conduct and to initiate corrective action where
    employees’ conduct does not meet the required standard or where it is unacceptable. The
    procedures and code are designed to ensure that all incidents relating to discipline or conduct are
    handled consistently and fairly and that any alleged disciplinary offence is fully and properly
    investigated.
    The company is committed to ensure that this document complies with appropriate governing law
    and legislation of the countries within which it operates, and it has been drafted to give effect to
    those laws without any undue prejudice to Employees.
    1.CODE AND PROCEDURE FOR DEALING WITH MISCONDUCT
    1.1 DEFINITIONS
    1.1.1 Discipline:
    Discipline is that action by management to maintain responsible behaviour and
    reconcilable staff actions. It is company policy to promote disciplined behaviour amongst
    its employees, for the safety and well-being of the employee, its clients and the
    achievement of the company goals.
    This code and procedure applies when:
     An employee does not respond positively to reasonable requests and warnings;
    and/ or
     The seriousness of the offence requires disciplining.
    1.1.2 Authorised Person:
    The person who has been granted the authority by management to take disciplinary
    steps. Line management is responsible to enforce discipline and to take disciplinary
    action as soon as practically possible when required in accordance with this disciplinary
    procedure and code.
    1.2 OBJECTIVES
    This document sets out the disciplinary procedures and the disciplinary code of the company.
    Its aim is to uphold the standards of individual conduct and to initiate corrective action where
    employees’ conduct does not meet the required standard or where it is unacceptable. The
    procedures and code are designed to ensure that all incidents relating to discipline or conduct
    are handled consistently and fairly and that any alleged disciplinary offence is fully and properly
    investigated.
    1.2.1 The standards with regard to behaviour in the company are linked to the company
    objectives and inherent requirements of the position of every employee.
    1.2.2 To maintain harmonious and equitable working relations in the best interest of the
    company and its employees.
    1.2.3 To correct unsatisfactory behaviour.
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    1.2.4 To ensure fair consideration of the points of view of both the employee concerned and
    superior.
    1.2.5 To avoid hasty or ill-considered judgments and action by supervisors, management and
    the employee concerned.
    1.2.6 To ensure fair and consistent application of discipline to employees.
    1.2.7 To define and identify unacceptable behaviour in terms of company’s accepted
    standards of conduct.
    1.2.8 To provide guidance to supervisors and management regarding proper disciplinary
    procedures to be followed.
    1.2.9 The maintenance of these standards is also the individual responsibility of every
    employee who should ultimately contribute directly to:
     Profitability
     The elimination of any form of waste
     Team and divisional effectiveness
     The continual improvement of the company
     The promotion of honesty and integrity
     A safe and healthy work environment.
    1.3GENERAL PRINCIPLES
    1.3.1 The main purpose of disciplinary action is to correct unacceptable behaviour. Dismissal
    of an employee should be considered only when corrective discipline has failed, or
    where the offence is so serious that no alternative action can be considered.
    1.3.2 This code and procedure forms part of the individual contract of employment of every
    employee.
    1.3.3 Disciplining will take place in privacy between the authorised person and the employee
    concerned.
    1.3.3 The employer undertakes not to victimize or discriminate against an employee as a
    result of anything he or she may say during the implementation of the code and
    procedure.
    1.3.4 To ensure that discipline is maintained in the company and that every individual
    employee is treated fairly and equally, the code and procedure will be applied fairly.
    1.3.5 To ensure that discipline is maintained in the company and that every individual
    employee is treated fairly and equally, this code and procedure will be adhered to as far
    as is reasonably possible. However, the code and procedure remain guidelines and
    may be departed from in appropriate circumstances.
    1.3.6 Every employee is responsible and accountable for his or her own behaviour, as well
    as for the consequences of his or her own behaviour in terms of the company’s business
    policy and related rules.
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    1.3.7 Should he or she prefer, an employee may be accompanied by a readily available fellow
    employee during the formal application of the disciplinary procedure.
    1.3.8 A written warning will be effective for six (6) months, a severe written warning for nine
    (9) and a final written warning for twelve (12) months. The validity of a warning,
    depending on the specific circumstances may be for a shorter or longer period.
    1.3.9 While lapsed warnings should normally not be taken into account for purposes of
    sanction, the fact that a warning has lapsed does not eliminate the fact that the
    employee has previously transgressed.
    1.3.9.1 In certain circumstances the company may accordingly refer to lapsed warnings
    if the employee’s behaviour demonstrates a pattern of misconduct.
    1.3.9.2 It may thus happen that, for example, an employee shortly after the expiry of a
    warning period, transgresses again, is disciplined and then maintains a clean
    record until that further warning expires and transgresses again, and so on.
    1.3.9.3 In such instances steps need to be taken to bring such apparent pattern to the
    employee’s attention. It needs to be confirmed that such a pattern will not be
    condoned and in itself can lead to disciplinary action being taken against the
    employee.
    1.3.10 The company may suspend an employee, with full payment, for the purposes of a
    disciplinary investigation and/ or hearing.
    1.3.11 Allowances coupled to a specific position will not be paid during suspension. An
    example of this is a representative’s travel allowance or a monthly fixed amount (daily
    allowance, entertainment, incidental expenses etc.)
    1.4OFFENCES AND DISCIPLINARY ACTIONS
    1.4.1 This disciplinary procedure applies to any employee:
  • Whose conduct conflicts with the provisions of his or her service contract, which
    includes the following obligations:
  • To make his or her work potential available to the company
  • To perform all lawful and reasonable instructions
  • To promote the business and interests of this company
  • Not to be guilty of misconduct
    AND/ OR
  • Who contravenes the disciplinary code
    AND/ OR
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  • Who contravenes the rules and regulations of this company
    AND/ OR
  • Who commits a crime involving a criminal or other offence
    Within the parameters of this company; or
    Beyond the scope of his or her work or beyond the parameters of this company but
    which may have a significant effect on the business of the company; or
    Beyond the parameters of this company but which may influence the specific position
    of the employee within the company.
    1.4.2 If the offender negligently damages or loses any other company property, he/ she shall
    be liable to the company for the value of the lost or damaged goods. The employee will
    be required to consent in writing to a deduction for this amount from his remuneration if
    he/ she refuses the relevant procedure will be followed as prescribed by the relevant
    legislation. Being held liable for the cost of the loss and/ or damage does not waive the
    company’s right to take disciplinary action.
    1.5DISCIPLINARY ACTION
    1.5.1 Suspension
    Should an incident take place that justifies suspension, the employee will be paid in full
    during the suspension period. The company will withhold the following during this
    period:
    a) Company vehicle if it is a tool of the trade/ job need vehicle
    b) Traveling allowances
    c) All company documentation
    d) All stock
    e) Company equipment that the employee may have in his possession.
    Prior to being suspended a pre-suspension meeting will be held with the employee to
    explain the reasons for, and conditions of their suspension.
    1.5.2 Recorded Verbal Warnings:
    Should an incident take place that justifies a verbal warning, and this is brought to the
    attention of the employee’s supervisor, the supervisor and his or her immediate superior.
    must conduct a disciplinary interview within two working days of becoming aware of the
    incident or within a reasonable period of time given the circumstances.
    A recorded verbal warning will be valid for 3 (three) months.
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    1.5.3 Written Warning:
    Should an incident take place that justifies a written warning, and this is brought to the
    attention of the employee’s supervisor, the supervisor and his or her immediate superior.
    must conduct a disciplinary interview within two working days of becoming aware of the
    incident or within a reasonable period of time given the circumstances.
    A written warning will be valid for 6 (six) months or more depending on the seriousness
    of the misconduct or in instances where the employee continuously makes himself guilty
    of dissimilar misconduct.
    1.5.4 Severe Written Warning
    Should an incident take place that justifies a sanction harsher than a written warning
    and a lessor sanction than a final written warning, and this is brought to the attention of
    the employee’s supervisor, the supervisor and his or her immediate superior must
    undertake the investigation and if grounds for disciplinary action are found then refer
    the matter to a disciplinary hearing.
    A severe written warning will be valid for 9 (nine) months or more depending on the
    seriousness of the misconduct or in instances where the employee continuously makes
    himself guilty of dissimilar misconduct.
    1.5.5 Final Written Warning and Dismissal:
    Should an incident take place that justifies a severe written warning, final written warning
    or dismissal, the supervisor and his or her immediate superior must undertake the
    investigation and if grounds for disciplinary action are found then refer the matter to a
    disciplinary hearing.
    The disciplinary hearing must take place within a reasonable period of time after the
    incident took place.
    The company will inform the employee of all the facts regarding the incident, and all
    readily available witnesses requested by both parties will be heard. The employee will
    be given an opportunity to state his or her case to the disciplinary hearing. Should he or
    she prefer, the employee may be accompanied by a readily available fellow employee
    from his or her department.
    The chairman of the disciplinary hearing will reach a conclusion and make a decision
    based on the information gathered during the disciplinary hearing and will convey this
    to the employee. The decision will come into effect immediately.
    The prescribed disciplinary forms and minutes will be completed and signed by all
    parties concerned.
    1.6THE RIGHTS OF THE EMPLOYEE
    Discipline will be applied in private between an employee (and representative if required) and
    the immediate senior, and the employee has the following rights:
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    1.6.1 To hear the case against him/ her and why it is unacceptable, and discipline is
    necessary.
    1.6.2 A clear explanation of what further disciplinary action may result in the event of an
    employee failing to correct unsatisfactory behaviour.
    1.6.3 Formal disciplinary action provides the following rights for the employee being
    disciplined:
     Timeous written notification of the alleged offence and detail of the hearing.
     A clear explanation of the offence.
     An opportunity to state their case and respond to the allegations.
     Every employee has the right, should he or she prefer, to be accompanied by a
    readily available and willing fellow employee of his or her choice during the formal
    application of the disciplinary procedure. Representation by non-employees will not
    be allowed. Similarly, the company is of the view that legal representation should not
    be allowed at internal disciplinary proceedings.
    Note: There is no absolute right to external/ legal representation in internal
    disciplinary proceedings. When requests for external/ legal representation are made,
    the chairperson should consider such requests and decide whether the refusal of
    external/ legal representation will mean that the employee cannot properly state his/
    her case, given the special nature or exceptional circumstances of the case.
    Request for external/ legal representation, where possible, should be made at least
    48 hours prior to the scheduled date and time of the disciplinary hearing and the
    external/ legal representative must be present at the hearing in order to motivate the
    submissions. The employee should be ready to proceed in the event that external/
    legal representation is denied, the hearing will not be postponed due to unavailability
    of the external/ legal representative or in the event that he/ she is excluded from the
    proceedings.
     The right to appear.
     The right to caucus
     To call witnesses who can substantiate his or her version of the events.
     To hear testimony against him or her and to question such witnesses.
     The right to an interpreter
     To a finding (“guilty/ not guilty”)
     To present mitigating factors prior to any sanction being imposed
     To be informed of the disciplinary measure
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     To challenge the decision of the presiding officer in terms of the appeal procedure
    and dispute resolution procedures of the Labour Relations Act 66 of 1995 (“LRA”).
     The rights as set out on the notice to attend a hearing.
    1.6.4 Employees who receive written, severe written or final written warnings shall sign such
    documents to acknowledge receipt, failing which, such documents will be signed in their
    presence. The signing of these documents shall not be interpreted as admission of guilt
    or acceptance of the warning.
    1.6.5 All documents relating to disciplinary action shall be retained on the employee’s
    personal file indefinitely. An employee will revert to a clear disciplinary record after the
    validity of all warnings has expired, unless there is a clear pattern of repeated
    misconduct, expired warnings may be considered. The expiry of a warning should not
    be regarded as a licence to commit further acts of misconduct.
    1.6.6 The appropriate action should be taken as soon as possible after an offence has
    occurred to avoid any possible misinterpretation of facts.
    1.6.7 Disciplinary action should where possible be solved at the lowest level of line
    management.
    1.6.8 Careful and proper investigation into the circumstances of all offences is essential
    before disciplinary action can be taken. This conduct of investigation should be rapid,
    strict and consistent.
    1.6.9 It is the responsibility of the human resources department to ensure that the agreed
    disciplinary procedures are adhered to, and to advise line management on precedent
    to ensure consistency of disciplinary action.
    1.6.10 The complainant at the hearing will normally be charged employees immediate superior.
    1.6.11 The presiding officer at the hearing may be the complainant’s immediate superior or any
    other suitable impartial unbiased manager, human resources manager or external
    employment relations expert appointed by the company.
    1.6.12 Minutes will be recorded for all formal hearings and be made available to the employee.
    1.6.13 The presiding officer, when appointed, has the authority to sanction the appropriate
    measure.
    1.6.14 Managers are authorized to issue verbal and written warnings after a disciplinary
    interview/ counselling session has been held with the employee concerned.
    1.6.15 As a general guideline, resignation of an employee to avoid disciplinary action will not
    be allowed.
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    1.7VIRTUAL HEARINGS
    The company may at its sole discretion conduct a disciplinary hearing virtually if there is good
    reason to do so.
    It is the responsibility of the company to ensure that where an employee does not have access
    to the necessary equipment, facilities and connectivity, to provide such to the employee.
    Equipment/ facilities required to conduct a virtual hearing includes the following:
     All participants must ensure that a proper high-speed and preferably wired internet
    connection is used which could accommodate both audio and video interaction.
     All participants and witnesses must use a good quality webcam and ensure proper lighting
    conditions. No digital backgrounds may be used.
     All participants should use proper microphone and speaker systems or headsets whilst
    participating in the virtual hearing.
     Participants in the virtual hearing must participate from a quiet location with no or limited
    background noise.
    1.8APPEAL
    1.8.1 There is no internal appeal process for recorded verbal warnings, written warnings or
    severe written warnings. The employee may avail himself/ herself to the external dispute
    resolution processed of the LRA, as amended from time to time.
    1.8.2 For sanctions imposed following a disciplinary hearing and should the employee be able
    to justify a review of the decision, he or she may, in writing and within three (3) working
    days after the result of the disciplinary hearing, notify the manager of his or her intention
    to appeal. This written notification will clearly express the reasons or grounds for appeal.
    1.8.3 The appeal will be limited to the following three points:
     New evidence
     Alleged procedural irregularities (procedural unfairness)
     Substantive unfairness (Bias, measure too harsh)
    1.8.4 A complete rehearing of the whole matter will only be allowed in exceptional
    circumstances only and in some instances may be a review based on the documents.
    In the event of an appeal hearing against dismissal being granted, a presiding officer
    other than that of the initial hearing will be appointed to hear the appeal.
    1.8.5 When the appeal chairperson, after hearing the appeal, comes to a decision, the
    appellant will be advised of the outcome in writing, a copy of which must be filed on the
    personal file of such employee.
    1.8.6 The decision of the presiding officer of the appeal hearing is final and no further appeal
    will be granted. Should the employee remain dissatisfied then the applicable dispute
    resolution measures of the LRA may be followed by the employee.
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    1.8.7 Please Note (In case of an appeal rehearing):
    The appeal chairperson must hear both sides of the case. He/ She also needs to consider new
    arguments and evidence (which was not available at the disciplinary hearing) in order to come
    to a fair decision.
    The appeal chairperson should ensure that:
     All the parties present understand the ground for appeal and how the appeal is limited
    thereby.
     All parties present are given an opportunity to present their case and ask questions.
     Witnesses are called who should testify at the appeal hearing.
    1.9UNFAIR DISMISSAL DISPUTES
    In the event of being dismissed following a disciplinary/ performance hearing an employee
    has the right to refer an unfair dismissal dispute to the relevant dispute resolution body
    provided for in the LRA as amended. The referral must be made within 30 days from the date
    of the dismissal or from the date of the dismissal being confirmed (i.e., if the employee
    appealed).
    1.10 PRECAUTIONARY SUSPENSION
    1.10.1 The company may, at its discretion, suspend an employee, with full payment, for the
    purposes of a disciplinary investigation and/ or hearing if, in the company’s opinion,
    such suspension is required to protect the interests of the company or any one or more
    of its employees.
    1.10.2 Reasons for suspension will generally but not exclusively be where:
    1.10.2.1 The employee can tamper with evidence.
    1.10.2.2 The employee can interfere with or intimidate witnesses.
    1.10.2.3 A likelihood of repeating the offence exists.
    1.10.2.4 The employee’s presence will disrupt or disturb another employee.
    1.10.2.5 The employee’s presence presents a threat to his/ her own safety.
    1.10.2.6 The transgression is of a serious nature.
    1.10.2.7 Transgressions that relate to gross dishonesty and/ or fraud.
    1.10.3 When considering suspending an employee, he/ she should be called to a presuspension meeting and advised of the reasons for his/ her suspension and be advised
    of his/ her suspension in writing. It is also important that the conditions of the suspension
    as contained in the suspension letter be explained to the employee.
    1.10.4 The company shall have the right in the event of suspension to withhold (i) allowances
    coupled to a specific position, (ii) company property in the employee’s possession or
    issued to the employee, e.g., stock, company vehicles, IT equipment, keys, access
    cards and (iii) any company documentation, etc.
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    1.11 POSTPONEMENTS
    Postponements will only be granted in exceptional circumstances, and postponements must
    be applied for in writing at least 24 hours before the scheduled date/time of the hearing. The
    application must clearly set out the reasons for the postponement as well as how much more
    time the employee requires.
    The employee may also need to be present at the date and time of the hearing to make further
    submissions to the chairperson if necessary. The decision to postpone or not, will be at the
    sole discretion of the Company and/ or chairperson of the hearing.
    Postponement will not be granted on the basis of a medical certificate unless the certificate
    complies with the following requirements –
     It must be an original and not be altered in any manner.
     It must be issued by a registered medical practitioner and contain that person’s full
    practice details.
     It must state the time and date of the examination.
     It must indicate that you were actually examined by the practitioner.
     It must state that the practitioner is personally of the opinion that the employee is too ill to
    attend the hearing as scheduled. A certificate that merely reflects that the employee told
    the practitioner will not be acceptable.
    Further postponements for the same matter on the basis of a medical certificate will not be
    granted unless the above requirements are met and in addition the medical certificate must be
    accompanied by a supporting affidavit of the medical practitioner that he issued the medical
    certificate and that in his professional opinion and evaluation, the employee is too ill to attend
    the hearing OR in the absence of an affidavit the attending Medical Practitioner is physically
    present at the disciplinary hearing to testify that the employee is too ill to attend the hearing.
    AMENDMENTS TO THE DISCIPLINARY CODE AND PROCEDURE
    The disciplinary code and procedure may be amended from time to time at the sole discretion of
    management. All such amendments will be made known to employees by putting them on the notice
    boards of their appropriate means of communication.
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    The Disciplinary Code
    It is a prerogative of Management to decide what conduct is unacceptable.
    DISCIPLINARY ACTION
    Note: Whenever an employee is absent for a continuous period of five (5) or more days without permission
    or without notifying the employer, he/ she will be sent a notice to attend a disciplinary hearing to his last
    known address. Should he/ she fail to attend the hearing the hearing will be conducted in his absence and
    he/ she may be dismissed. Confirmation of termination will be communicated to the employee’s last known
    address.
    NATURE OF OFFENCE First
    Offence
    Second
    Offence
    Third
    Offence
    Fourth
    Offence
  1. Timekeeping, absences and
    similar offences
    1.1 Absence from work without prior
    permission:
     One Day
     Two to Four days
     Five days or more
    RVW
    WW
    D
    WW
    FWW
    FWW
    D
    D
    1.2 Late arrival at work; extended or
    unauthorised breaks during
    working hours; leaving early;
    unauthorised absence from
    workplace. RVW WW FWW D
    1.3 Late for or not arriving at agreed
    appointments/ meetings. (staff/
    departmental meetings/ briefing
    sessions/ counselling/ coaching
    sessions/ meetings that does not
    have a significant impact if not
    attended). WW FWW D
    1.4 Late for or not arriving at agreed
    appointments/ meetings.
    (appointments/ meetings arranged
    by senior management/ important
    press briefings/ meetings with
    government officials/ senior
    management of institutions/
    meetings of significant importance
    to attend where nonattendance
    can result in serious harm to the
    company’s image/ reputation) FWW D
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    DISCIPLINARY ACTION
    NATURE OF OFFENCE First
    Offence
    Second
    Offence
    Third
    Offence
    Fourth
    Offence
  2. Work output offences
    2.1 Poor quality of work and/ or not
    working to standards because of
    negligence, care-lessness, ineffectiveness, lack of interest etc. FWW D
    2.2 Negligence WW FWW D
    2.3 Gross Negligence/ Dereliction of
    Duty D
    2.4 Refusal or failure to obey a lawful
    order by a person in authority, and
    infringements i.r.o. official policies. FWW D
    2.5 Breach of expenditure control
    regulations D
    2.6 Breach of employment contract FWW D
    2.7 Sleeping on duty. FWW D
    Note – Incapacity will be dealt with in
    terms of the provisions of Schedule 8
    of the LRA.
  3. Loss through negligence,
    damage or misuse of property.
    3.1 Loss or potential loss or damage
    through gross negligence: Should
    a loss or a potential loss of or
    damage to company or other
    property occur through
    negligence or careless-ness, or
    when an employee cannot give
    account of any such property to
    the satisfaction of the Company.
    (Company property includes
    vehicles) FWW D
    3.2 Damage: Damage to company
    property or products or let
    company property or products in
    his care be damaged through
    negligence or carelessness. FWW D
    3.3 Misuse: Should property or
    premises be used for any other
    purpose than that for which it was
    intended. FWW D
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    DISCIPLINARY ACTION
    NATURE OF OFFENCE First
    Offence
    Second
    Offence
    Third
    Offence
    Fourth
    Offence
  4. Incitement of and participating in
    any illegal stoppage or retardation
    of work.
    Any incitement of or participation
    in any action by one or more
    employees to stop or retard work,
    or any interference with the normal
    activities of the company to
    promote any dispute or to
    persuade management, for any
    reason, to do or refrain from doing
    something.
    In the event of any stay-away
    action, the no work no pay
    principle will apply. Further action,
    including but not limited to
    dismissal, may also be taken
    depending on the circumstances.
    D
  5. Intimidation of co-workers D
  6. Sabotage – Any careless, willful or
    malicious action to interfere with
    the records and/ or operations of
    the company D
  7. Disorderly behaviour
    7.1 Assault, fighting, misconduct,
    rioting, threats of violence,
    offensive behaviour, etc. D
    7.2 Robust, abusive and/ or
    unbecoming behaviour displayed
    towards members of public,
    colleagues, or persons in
    authority. WW FWW D
    7.3 Impertinence, insubordination,
    insolence or rebelliousness
    against persons in authority FWW D
  8. Alcohol or drug related offences
    8.1 Reporting for duty with alcohol/
    drugs/ intoxicating substances
    present in your system. FWW D
    8.2 Under the influence of alcohol/
    drugs/ intoxicating substances
    while on duty. D
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    DISCIPLINARY ACTION
    NATURE OF OFFENCE First
    Offence
    Second
    Offence
    Third
    Offence
    Fourth
    Offence
    8.3 Unauthorised/ illegal possession
    of liquor/ drugs while on duty. D
    8.4 Reporting for duty after
    consumption of alcohol/
    intoxicating substances/ drugs. D
  9. Bribery or corruption
    Giving or receipt of or any attempt
    to give or receive bribes or
    influence somebody to corruption
    of any kind. D
  10. Willful giving wrong evidence or
    any attempt to give wrong or
    misleading evidence/ Any act
    such as lying, cheating, deceiving,
    misleading, concealing the truth
    and/ or engaging in illegal
    conduct. D
  11. Misrepresentation
    Forging or altering or any attempt
    to forge, alter, or misrepresent any
    documentation or other
    information or in general to
    mislead in any way whatsoever. D
  12. Serious/ Gross Dishonesty D
  13. Theft and unauthorised
    possession and/ or unauthorized
    removal of company property/ or
    any attempt to try to possess
    property belonging to the
    company, a client, a supplier or
    co-employee. D
  14. Misappropriation
    Appropriation of or any attempt to
    appropriate any funds or property
    belonging to the company or any
    other employee for any
    unauthorised purpose. D
  15. Publication or unauthorised use of
    confidential information or any
    conduct endangering the security
    of the company or which is
    indicative of bad faith. D
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    DISCIPLINARY ACTION
    NATURE OF OFFENCE First
    Offence
    Second
    Offence
    Third
    Offence
    Fourth
    Offence
  16. Undermining or prejudice the
    image or not protecting the
    interest and dignity of the
    company. D
  17. Being in possession of any
    weapons or dangerous objects
    without management’s approval. D
  18. Failure to report an injury or
    accident. FWW D
  19. Failure to conform to safety
    standards or procedures. D
  20. Committing of and/ or influencing
    of any person to commit
    malpractices in the company. D
  21. Unreasonable irreconcilability with
    regard to staff and management
    practices. D
  22. Any other action that, in terms of
    common law, accounts for a crime
    that has a significant influence on
    the employment relationship. D
  23. Company Vehicles:
    23.1 Disrespect for traffic rules/ not
    obeying traffic rules FWW D
    23.2 Reckless/ Negligent Driving FWW D
    23.3 Being involved in an accident
    as a result of negligent/
    reckless driving. D
    23.4 Causing minor damage to a
    company vehicle (apart for
    being held responsible for the
    damage) WW FWW D
    23.5 Causing serious damage to a
    company vehicle (apart from
    being held responsible for the
    damage) FWW D
    23.6 Vehicle written off or likely to
    be written off (apart from being
    held responsible for the
    damage) D
    23.7 Deviating from route without
    permission of authority/ Driving
    vehicle into prohibited areas. FWW D

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DISCIPLINARY ACTION
NATURE OF OFFENCE First
Offence
Second
Offence
Third
Offence
Fourth
Offence
23.8 Failure to inform company
that one’s driver’s licence/
PDP has expired/ been
suspended/ withdrawn/ lost FWW D
23.9 Driving a vehicle without being
in possession of a valid drivers
licence/ PDP (where an
employee does not have a
driver’s licence/ PDP at all) D
23.10 Driving a vehicle without
permission and/ or authority
and/ or for personal/ private
matters. FWW D
23.11 Failure to deal with fines in
accordance with standard
procedures in respect of
breaches of the law when in
control of a company vehicle. FWW D
23.12 Driving a motor vehicle after
having consumed alcohol/
drugs and/ or whilst being
under the influence of alcohol/
drugs and/ or driving a motor
vehicle whilst consuming
alcohol/ drugs. D

  1. Other offences
    23.1 Failure to comply with
    established rules. WW FWW D
    23.2 Gross violation of company
    rules/ procedures/ policies. FWW D
    24.3 Practicing or promoting p
    political, religious or cultural
    aims on company premises
    through actions,
    documentation, slogans, or
    badges, or in any way
    whatsoever without the
    prior permission of
    management. D
    24.4 Any form of harassment, minor FWW D
    24.5 Any form of harassment or
    bullying (Serious). D
    24.6 Use of offensive and/ or
    abusive language. FWW D
    24.7 Use of racist language/
    displaying racist behaviour. D
    19
    DISCIPLINARY ACTION
    Abbreviations:
    RVW – refers to a recorded verbal warning.
    WW – refers to a written warning.
    FWW – refers to a final written warning.
    D – refers to dismissal with or without notice.
    These disciplinary measures are guidelines, the presiding officer may impose different
    sanctions based on the circumstances and merits of each individual case.
    The list of possible offences above should not be regarded as exhaustive and it is impossible
    to list all possible offences, therefore it may happen that an employee may be charged with
    an alleged offence that does not appear or differs from the list above.
    Each case will be judged on its own merits after due consideration of all relevant factors
    such as nature of position, seriousness of the misconduct, mitigation, extenuating and
    aggravating factors and the provisions of the Code of Good Practice as contained in the LRA
    as amended.
    NATURE OF OFFENCE First
    Offence
    Second
    Offence
    Third
    Offence
    Fourth
    Offence
    24.8 Smoking in non-smoking areas
    creating a safety risk. D
    24.9 Social Media, posting
    derogatory remarks/
    comments/ statements
    regarding company
    employees, clients, suppliers
    and/ or remarks that could
    bring the company name into
    disrepute. FWW D
    20
  2. PROCEDURE FOR DEALING WITH POOR WORK PERFORMANCE
    (INCAPACITY DUE TO POOR WORK PERFORMANCE)
    21
    1.PROCEDURE FOR DEALING WITH POOR WORK PERFORMANCE
    (INCAPACITY)
    1.1 The LRA requires that an employer distinguish between:
    1.1.1 Dealing with misconduct of an accountable employee
    AND
    1.1.2 Dealing with obstacles, shortcomings and/ or limitations to the ability of an employee
    to perform work according to the inherent requirements of the position.
    1.2 This procedure relates to 2.1.2 and will be applicable during an employee’s probationary
    period on appointment as well as permanent appointments.
    1.3 The evaluation of an employee’s work performance will always be in relation to the
    inherent requirements of the position.
    1.4 When the work performance of an employee (on probation or permanent) is evaluated,
    the review interview must always be used initially.
    1.5 If the employee does not satisfy the requirements within a reasonable (mutually agreed)
    period, the employer may terminate the service contract on the basis of poor work
    performance once a formal investigation has been conducted and after holding an
    incapacity hearing based on poor performance.
    1.6 During such a formal investigation/ incapacity hearing, an employee has the right:
    1.6.1 To state his or her case
    1.6.2 To call witnesses who can substantiate his or her version of events.
    1.6.3 To hear testimony against him or her and to question or investigate such witnesses/
    evidence.
    1.6.4 To a finding of the Investigating Chairman on whether the alleged incapacity has been
    substantiated or not
    1.6.5 To be informed of the maximum possible outcome
    1.6.6 To present reasoned arguments in mitigation
    1.6.7 To a decision regarding the outcome