Disciplinary code, Policies, Procedures and Guidelines
- CODE AND PROCEDURE FOR DEALING WITH MISCONDUCT
3
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.
4
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.
5
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
6 - 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.
7
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:
8
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
9
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.
10
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.
11
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.
12
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.
13
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
- 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
14
DISCIPLINARY ACTION
NATURE OF OFFENCE First
Offence
Second
Offence
Third
Offence
Fourth
Offence - 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. - 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
15
DISCIPLINARY ACTION
NATURE OF OFFENCE First
Offence
Second
Offence
Third
Offence
Fourth
Offence - 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 - Intimidation of co-workers D
- Sabotage – Any careless, willful or
malicious action to interfere with
the records and/ or operations of
the company D - 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 - 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
16
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 - Bribery or corruption
Giving or receipt of or any attempt
to give or receive bribes or
influence somebody to corruption
of any kind. D - 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 - 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 - Serious/ Gross Dishonesty D
- 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 - 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 - Publication or unauthorised use of
confidential information or any
conduct endangering the security
of the company or which is
indicative of bad faith. D
17
DISCIPLINARY ACTION
NATURE OF OFFENCE First
Offence
Second
Offence
Third
Offence
Fourth
Offence - Undermining or prejudice the
image or not protecting the
interest and dignity of the
company. D - Being in possession of any
weapons or dangerous objects
without management’s approval. D - Failure to report an injury or
accident. FWW D - Failure to conform to safety
standards or procedures. D - Committing of and/ or influencing
of any person to commit
malpractices in the company. D - Unreasonable irreconcilability with
regard to staff and management
practices. D - Any other action that, in terms of
common law, accounts for a crime
that has a significant influence on
the employment relationship. D - 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
18
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
- 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 - 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