Delegated Staff:

Employees not following the Company’s Rules / Codes / Regulations and Procedures

The purpose of this disciplinary procedure/code/rules and regulations is to regulate the employment relationship between the Employer and employees, especially with reference to acceptable conduct and behaviour within the workplace and to ensure a safe working environment.

Disciplined behaviour is essential both for the successful achievement of the Employer’s objectives and for the safety and fair treatment of employees.

It is the responsibility of the Employer/Management to maintain disciplined behaviour.

For discipline to be maintained fairly, employees should know what constitutes misconduct and the procedures, which will be followed when dealing with misconduct.

The disciplinary code and procedures are based on the following principles:

• Disciplinary action should be corrective as opposed to punitive action, the aim to bring about a change in behaviour of employees who have indulged in undesirable actions, do that such employees adhere willingly through greater acceptance and understanding, to standards of conduct and performance.

 • Punitive action should only be taken when prior corrective action has proved ineffective or when offences are so serious that the relationship between the parties is destroyed.

•  Discipline is the prerogative of the Employer/Management only.

• As far as practicable, similar offences committed in similar circumstances should be treated equally through similar disciplinary action, subject to aggravating and mitigating circumstances, which may exist.

 2.         DISCIPLINARY HEARINGS

All forms of disciplinary hearings will be conducted at a time, date and place as to be determined by the EMPLOYER. The EMPLOYER will be entitled to nominate any person of his/her choice to conduct a disciplinary hearing and appeal case on his/her behalf, whatever the case might be.

The EMPLOYER and EMPLOYEE agree to the disciplinary procedures as set out in this contract and in respect of the schedule of offences, or possible penalties, as are more fully set out below under the Heading: Offences and possible Penalties hereto (which schedule the parties confirm is not exclusive, such being at all times within the prerogative of the EMPLOYER).

Should the EMPLOYEE commit an offence which may result into a final written warning or possible dismissal, the EMPLOYER will notify the EMPLOYEE to appear before a disciplinary hearing, under the Chairmanship of the Manager, EMPLOYER or any person appointed by the EMPLOYER.  The EMPLOYEE will have the right to be accompanied and represented by any fellow employee or Trade Union representative, namely a Shop steward, requested by the EMPLOYEE at and during the disciplinary enquiry.  The EMPLOYER will determine the date, time and place of the disciplinary hearing.

The EMPLOYEE will be furnished with a charge sheet, setting out the charges to be faced at the disciplinary hearing, three days prior to the hearing, depending on the merits of the case. In the event of the Employee being an elected shop steward in the workplace, of a recognised and/or registered Trade Union, such an Employee will be entitled to be represented at a disciplinary hearing by a Trade Union Official or Office-Bearer.

 3.         WRITTEN WARNING

If the EMPLOYEE commits an offence which merits a Written Warning, the EMPLOYER or nominee will complete the prescribed forms as set out in this procedures manual, and hand over a copy thereof to the EMPLOYEE and the original will be kept on the personal file of the EMPLOYEE as proof of the work history of the EMPLOYEE.

The EMPLOYEE will sign all notifications, reports and documents received in respect of any disciplinary actions, and expressly agree to this provision. Refusal may result in further disciplinary action taken against the employee.

Each written warning will be valid for a period of six months, and each final written warning will be valid for a period of 12 months, after which it will expire.

4.         FINAL WRITTEN WARNING

Should the EMPLOYEE commit an offence which merits a Final Written Warning, a disciplinary hearing will follow according to the procedures as set out in this contract. The EMPLOYER may suspend the EMPLOYEE’S employment with immediate effect, pending the outcome of a disciplinary hearing on full basic pay. During the period of suspension the Employee may not enter the premises or other work areas, pending the outcome of the disciplinary hearing. The EMPLOYEE concerned will also be informed that a further contravention may result in demotion or dismissal.

5.         DEMOTION / DISMISSAL

Should the EMPLOYEE commit an offence which, in the opinion of the EMPLOYER, is of so serious a nature that a demotion or dismissals possible, the EMPLOYER may suspend the EMPLOYEE’S employment with immediate effect, on full basic pay pending the outcome of a disciplinary hearing. During the period of suspension the EMPLOYEE may not enter the premises or other work areas, pending the outcome of the disciplinary hearing.  Should an EMPLOYEE be demoted, his wages will accordingly be adjusted with immediate effect, retrospectively as from the date of suspension.

Notice of the disciplinary hearing may be given to the EMPLOYEE in the following order:

• Personal  - but if the EMPLOYEE refused to accept the notice, a witness to the effect can sign on behalf of the EMPLOYEE that the notification was handed to him personally.

• By registered mail to the address furnished to the EMPLOYER in this contract of service.          

(In both these instances, the procedures as set out above, will be regarded as sufficient notice been given to the EMPLOYEE.)

The disciplinary hearing will continue in the absence of the EMPLOYEE if the EMPLOYEE fails to attend the disciplinary hearing without a reasonable explanation. If the disciplinary enquiry is held in the absence of the EMPLOYEE due to his unavailability or refusal/failure to appear, the EMPLOYER will send a copy of the disciplinary report to the EMPLOYEE, if reasonable possible.

The disciplinary procedure will not apply in the case of disciplinary action as a result of an unprotected strike or any other unprotected industrial action embarked upon by the EMPLOYEE or in the event of an offence which may lead to a summary dismissal of such nature that endangers or threaten life or the property of the EMPLOYER.  In such event, the EMPLOYEE will be warned to return to work or to immediately cease unacceptable conduct; failing to do so will result in summary dismissal.

Appeal against the decisions taken during a Disciplinary Hearing will be lodged with authorities outside the structures of employment, nominated by the EMPLOYER, unless if the Disciplinary Hearing was conducted by a manager or a person in the capacity of a supervisor the appeal will be lodged to the EMPLOYER or his/her nominee.

Appeals against disciplinary action taken by the Employer / Company or business, must be lodged by the Employee within 3 days after receipt of the outcome of the disciplinary hearing, in writing to the Employer, otherwise the Employee will forfeit his/her right to appeal and will it be accepted that the employee fully agreed with the outcome of same.

6.         GRIEVANCES BY EMPLOYEES AND PROCEDURES TO BE FOLLOWED

It is essential and in the interest of both the Employer and employees to set up and maintain a grievance procedure which is capable in solving employee dissatisfaction.

The intention is that grievances must be resolve as speedy as possible and as close to as possible to the source of origin.

• A grievance for the purpose of this procedure, is any dissatisfaction, in connection with an employee’s work and employment situation that same wishes to formally bring to the attention of the Employer/Management, excluding dissatisfaction as a result of disciplinary action taken against an employee. In such instances the employee should make use of the appeal procedures as prescribed above.

The procedures set out to resolve an individual grievance and collective issues should be refereed to the proper forums, such as the CCMA, if same could not be resolved “ in -house.”

• There will be no victimisation against any employee using this procedure.

• No industrial action may be taken by any of the parties on matters of mutual/collective issues, unless same is in compliance with the Labour Relations Act. Such actions will be seen as a serious breach of this agreement and employee/s taking part in such actions not in compliance with the aforesaid Act, may result into summary dismissals.

• In the event of such unlawful actions by the employee/s, the  parties expressly agree that the Employer will issue an ultimatum, warning same to cease such actions. Failure to adhere will result into a final ultimatum and subsequently summary dismissal on the same day that such action was conducted by the employee/s.

• It should be the intention of all parties to attempt to resolve all grievances initially “in-house.”

• In the event of an employee having a grievance in the workplace, such an employee must lodge an official grievance with the Employer/Management, on the prescribed form as per annexure/attachment. The Employer will attempt to resolve such a grievance in discussion with the aggrieved party and where appropriate mediate or conciliate between the parties and the grievance.

• The Employer will then provide the grievant with the outcome of his finding as soon as possible and in the event of dissatisfaction, the grievant may take the matter up with the appropriate authorities.

7.         OFFENCES AND POSSIBLE PENALTIES - DISCIPLINARY CODE

See Schedule of Offences

8.         All official hearings, Final sanctions and Written warnings are kept on manual filing system, computer c drive
           and HR Database software program.