- Purpose
1.1 The purpose of this code is to outline the standard conduct and rules applicable to employees at the workplace. It is accepted that a disciplinary code and procedure are necessary for the efficient running of company business, the safety and fair treatment of all employees and for ensuring sound labour/management relations. The disciplinary code is intent to be a guide for both management and employees and it lists the more common demeanours and the actions likely to be taken and is not all embracing. Each case will be treated on its merits and discretion exercised so to ensure that discipline is applied in a fair and just manner. The severity of the disciplinary action will depend upon the circumstances of each case.
1.2 Furthermore this code aims to provide guidelines for management to ensure the fair, just and uniform application of disciplinary measures and to provide a reference for management engaged in applying discipline.
1.3 Formal Disciplinary Actions is defined as any action where a reprimand or warning is given to an employee in a formal manner and where a written record of such action is kept on the employee’s personal record. It should be noted, therefore, that in most cases the Senior Staff member will have discussed with the employee concerned the relevant work habit or performance problems or misconduct and have given informal verbal warning before administering formal discipline as detailed below. However, in certain circumstances a transgression of this disciplinary code may be deemed sufficiently serious to carry a written warning or even dismissal for the first offence.
1.4 The Organisation may also exercise disciplinary action against an employee for good cause, although the cause may not be stated in the Disciplinary Code. If an employee has received three written warnings, whether for the same or different offences, the Organisation may dismiss the employee on the next transgression of the Disciplinary Code – whatever the transgression may be.
1.5 If an employee refuses to sign acknowledgement of receipt of warning form, the issuer will indicate this and a witness must sign that the Form has been handed to the employee concerned.
2. Underlying principles
2.1 The application of discipline is the right and responsibility of line management. As disciplinary action should not be taken lightly, the responsibility for implementing action is reserved for the Company representatives of the appropriate responsibility and seniority. The imposition of discipline is therefore the prerogative of management only.
2.2 Disciplinary steps are instituted in order to obtain the co-operation and involvement of all employees within the workplace, and to protect the interests of both the employee and the employer in the process of dealing with unacceptable behaviour.
2.3 In the enforcement of discipline, the emphasis must rather be focused on guidance and rehabilitation than on the imposition of punishment. However, where necessary, punishment must be used as a legitimate deterrent in the maintenance of discipline.
2.4 In certain instances the company reserves the right to impose the most severe sanction on an employee without having to follow the principles of corrective and progressive discipline.
2.5 The application of discipline must at all times be lawful, just, fair and consistent.
2.6 In terms of Item 7 of Schedule 8 The Code of Good Practice: Dismissal states that any person who is determining whether a dismissal for misconduct is unfair should consider: a. Whether or not the employee contravened a rule or standard, regulating conduct in, or relevance to, the workplace; and
b. If a rule or standard was contravened, whether or not –
- the rule was a valid or reasonable rule or standard;
- the employee was aware, or could reasonably be expected to have been aware; of the rule or standard;
- the rule or standard has been consistently applied by the employer; and
- dismissal was an appropriate sanction for the contravention of the rule or standard.
2.7 When applying discipline within the workplace, it is recommended that for all sanctions imposed, and not only dismissal, that the requirements as stipulated in Item 7 of Schedule 8 be considered.
3. Disciplinary Sanctions
3.1 There are four basic sanctions that can be imposed against any employee. Breaches of the Code which are similar in nature and sanctions previously imposed for them, if they are still valid, may be considered when deciding what sanction is to be applied against a related breach in that category.
3.2 In order to issue the below stated sanctions correctly, the manager deciding to impose a sanction must first grant the accused employee an opportunity to state a case in response to the allegation made against him/her. A formal hearing does not have to be held, just a discussion to give the accused employee an opportunity to provide a reasonable explanation for his or her failure to adhere to a rule or standard.
3.3 It is important that sanctions be imposed as soon as the employer becomes aware of transgressions. A delay can result in the allegation that the employees’ actions have been condoned and the instituting of disciplinary action at a later stage could be viewed as unfair conduct on part of the employer.
3.4 An employee should sign acknowledgement of receipt of the sanction imposed, but an employee cannot be forced to do so. If the employee refuses to sign, a witness can sign to confirm that the employee is aware of thesanction and that the allegations have been explained to him/her. An employee’s refusal to sign does not affect the validity of the sanction. The employee can lodge an appeal within three (3) working days (delete if no appeal procedure) or refer the sanction to the Commission for Conciliation Mediation and Arbitration (CCMA) or relevant Bargaining Council as per the dispute resolution procedure stipulated in the Labour Relations Act 66 of 1995.
3.5 In order of severity the sanctions are:
3.5.1 Verbal Warnings
In the case of a moderate offence, a superior should conduct an informal disciplinary interview with the employee that may result in a verbal reprimand. A verbal warning is a reminder to the employee that if he/she continues to commit the same offence, more serious and formal disciplinary action will follow. Although informal, it is the first stage of the disciplinary action process and written record is kept of this warning and it will be valid for (three) 3 months.
3.5.2 First and Second Written Warnings
If verbal warnings fail, management should give the employee a formal written warning. First and second written warnings are a more formal act and warn the accused employee that a repetition of wrongful behaviour or a more serious offence can result in a final written warning.
All written warnings will be recorded on a disciplinary form that will be placed on the employee’s file. A copy of the disciplinary form will be handed to the employee. First and second written warnings are valid for 6 months.
3.5.3 Final Written Warnings
A final written warning is the last warning an employee can expect before dismissal or a more serious disciplinary penalty may be imposed. The purpose is to give the employee a final chance to correct his/her behaviour. Managers should be cautious not to issue more than one final written warning for the same or similar offence should the employee repeat the misconduct whilst having a valid final written warning.
It is recommended that a disciplinary hearing or a formal discussion be held prior to issuing a final written warning. A final written warning is valid for 12 months.
3.5.4 Summary dismissals.
When a series of progressive and or corrective measures, such as the issuing of the above sanctions, have not produced the anticipated effect; or when an employee is alleged to have committed serious misconduct, the employer may then consider dismissal as a penalty. It is strongly recommended that prior to dismissing the employee; the Company conduct a formal disciplinary hearing.
Termination of the employee’s services as a result of misconduct is a summary dismissal in most circumstances which means a dismissal without notice. Such a dismissal would be justified in terms of the company policy and precedent and the principles of the common law once due processes have been followed and dismissal is the appropriate sanction. The employee must be informed of the reason for his/ her dismissal in writing and of his / her right to refer the matter for appeal within 3 working days (delete if no appeal procedure in place) and to the CCMA or relevant Bargaining Council within 30 days.
4. An employee’s duties and schedule of offences
4.1. At the commencement of the employment relationship, an employee incurs six duties that need to be fulfilled throughout the employment relationship. These are:
4.1.1 A duty to render services – Employees need to place their personal services at the disposal of their employer during work hours. A failure to do so is in breach of the contract of employment and if it is without a valid reason or permission, the employer has the right to discipline an employee accordingly. Employees also have the responsibility in terms of the employment contract to contact their employer should they not be able to render their services when required to do so. Non-compliance in that regard is failure on the employee’s part to demonstrate acceptable conduct.
4.1.2 A duty to maintain reasonable efficiency – Employees have a positive duty to deliver work of an acceptable standard and within a reasonable time frame. Failure to do so will constitute misconduct only once the employer can prove that the employee is capable of performing the tasks allocated to him or her. If the employee cannot deliver work of an acceptable standard due to an inability to do so, then the employer should adopt the Incapacity due to Poor Work Performance procedure which significantly differs to misconduct procedures indicated below.
4.1.3 A duty to demonstrate acceptable conduct and to refrain from misconduct in general – Throughout the employment relationship employees should always endeavour to refrain from misconduct in general by demonstrating acceptable conduct towards clients, fellow employees, management, the public and overall environment. Such conduct must uphold the image of the business at all times and not be detrimental to the maintenance of good order within the workplace. Failure to demonstrate tolerable conduct is deemed as serious and warrants disciplinary action. acceptable conduct and to refrain from misconduct in general Employees also have to ensure that when placing their services at the disposal of the employer, they are to be in a proper mental and physical state. Reporting for duty under the influence of any intoxicating substance is unacceptable and regarded as a very serious offence. Should it be as a result of a dependency problem, the Company will provide reasonable assistance to the employee in terms of the incapacity procedure; it should be noted however that reporting for duty under the influence of any intoxicating substance is a very serious offence and employees in breach of this rule, will be dealt with in terms of the disciplinary code.
4.1.4 A duty to be respectful and obedient – It is an automatic consequence that the employee is under the control of the employer in terms of the contractual powers related to the employment relationship. The employer therefore has the right to draft and implement policies and procedures as well as issue instructions that determine the way work will be conducted, provided it is lawful and reasonable. If the employee fails to comply or carry out these policies, procedures and instructions with obedience and respect, it is a material breach of the contract of employment and the employee renders himself / herself liable for disciplinary action and in severe cases, dismissal.
4.1.5 A duty to act with honesty and integrity – Trust and confidence is an essential component of the employment relationship between the employer and employee. The employee therefore has to ensure that he or she maintains a high level of integrity and honesty when dealing with the Company, its clients and its fellow colleagues. A failure to act with honesty and integrity could render the trust relationship irreparable thus making the employment relationship intolerable which may justify termination.
4.1.6 A duty to further the Employer’s business interest and to act within good faith – Employees must endeavour to devote their interests, skills and energies to employer’s business furthering the company’s business interests. Any form of conduct that interest and to act within good faith intentionally places an employee in a situation where their own interests or the interests of others that they are furthering, conflicts with those of the employer may render the employment relationship intolerable and may justify disciplinary action.
4.2. The disciplinary code must not be seen as an independent document. The applicable provisions of the disciplinary procedure must be adhered to ensure the fair and just application of discipline within the company.
4.3. The action as reflected in the columns represents the maximum proposed disciplinary action that may be applied, depending on the nature/type of breach and how many times it has been committed by an employee.
4.4. If the chairperson is of the opinion that there are valid mitigating factors, he/she may impose a lesser penalty.
4.5. The schedule of offences and proposed actions indicated below merely serve as a guideline and do not constitute inflexible rules that have to be followed to the letter.
4.6. The circumstances and merits of each individual case must be taken into account and the Chairperson is expected to use his/her discretion in making a value judgment. Therefore, deviations from the disciplinary code will be permitted where mitigating and / or aggravating circumstances warrant such deviation.
5. Offences
It is impossible for the company to list each and every offence that an employee may commit in the workplace and therefore the company reserves the right to amend this code and / or charge an employee with an offence that although not contained within this schedule, is deemed an offence in terms of the common law and acceptable practice:
Word key:
VR
Verbal reprimand
1WW First Written Warning
2WW Second written warning
FWW Final written warning
DISM Dismissal
5.1 Failing to render services offences
5.1.1 Unauthorised Absenteeism/leave
Definition – Refers to being absent from work without permission, and without a reasonable excuse, or a medical certificate
Sample charges – Unauthorised absence in that between (date) and (date) you were absent from work without permissionSample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Absent for 1 day | 1WW | 2WW | FWW | DISM | |
| Absent for 2 days | 2WW | FWW | DISM | ||
| Absent for 3 – 4 days | FWW | DISM | |||
| Absent for 5 days or longer | DISM |
Note 1: Refer to desertion /act of absconding in A5 for alternative charge for absence longer than five days
Note 2: For absences due to illness, a medical certificate must be produced for absences longer than two days or when the employee has been absent on more than two occasions within an eight-week cycle in order to be remunerated. Even though the employee is entitled to payment for absences within the requirements as per the Basic Conditions of Employment Act, the employer still requires a valid medical certificate or else the employee faces disciplinary action if they are absent without permission or authorisation.
5.1.2 Timekeeping
Definition – Refers to the failure of an employee to comply with his/her obligations in terms of stipulated work hours.
Sample charges – Poor time keeping in that on the (date) you arrived late for work; or Poor timekeeping in that on the (date) you were late in arriving back from lunch OR continuous poor timekeeping in that on the (various dates), you were late for work etc.
Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Poor Time keeping, failure to adhere to stipulated starting and end times including but not limited starting times and break periods, reporting late for work, leaving work early, taking excessive breaks, or breaks that are longer than permitted, not proceeding to the workplace or station. | VR | 1WW | 2WW | FWW | DISM |
Note 1: Refer to failure to follow company policy in and procedure in D5 for possible additional charge.
5.1.4 Desertion of post
Definition – Absence from workstation without permission and or a valid reason with intention of not returning until the next allocated shift or workday. Refers to a longer period than merely absence from workstation
Sample charges – Desertion of post in that on the (date), at approximately (insert time) you deserted your workstation without permission and or a valid
reason.
Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| An Employee leaves his/her Allocated post /workstation without permission | FWW | DISM |
5.1.6 Failure or Refusal to work overtime
Definition – Failure or refusal to work overtime scheduled and agreed upon by the employee and employer without a valid reason or permission.
Sample charges – Unauthorised absenteeism in that on (date) you failed or refused to work overtime scheduled – Note: Refer to insubordination and/or insolence in as an additional charge specifically if an instruction was issued.
Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Note: There must be a prior agreement in place, preferably in writing, to work overtime | FWW | DISM |
5.2 Failing to maintain reasonable efficiency offences
5.2.1 Negligence
Definition – Any failure by an employee to comply with a standard care that the employee would reasonably be expected to observe in the completion and fulfilment of his/her duties or tasks. Gross negligence is distinguished from negligence in respect of the seriousness of the offence.
Sample charges – Negligence in that on (date) you failed, without proper cause to perform your duties with proper care required in that you (describe the event). Note 1 Refer to damage to company property for possible additional charge.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| ●If the work done is of a poor quality and/or quantity without any reason being given. ●Failure to exercise proper care and attention in regard to the manner in which a task should be performed to the extent that the task has to be repeated or that equipment is at risk of being damaged. ●Failing to Refers to sleeping at workplace when contractually obligated to render services. | 1WW or 2 WW | FWW | DISM |
5.2.2 Gross Negligence
Definition – Serious failure by an employee to comply with a standard of care that the employee would reasonably be expected to provide in the completion and fulfilment of his/her duties and or tasks. Generally, has the result of incurring substantial losses on the company
Sample charges – Gross negligence in that on (date) you failed, without proper cause to perform your duties with the proper care required in that you (describe the event) – Note 1: Refer to damage to company property for possible its clients additional charge Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| ● Any act or omission which has the potential to give rise to serious consequences to the company or its clients. ● Any act whereby an employee through carelessness or negligence, causes the Company’s property valued over R 500-00 to be lost or is unable to account for it properly. ● Action whereby the employee, through carelessness or negligence, causes or allows company property valued more than R500-00 to be damaged. ● Cash shortage of more than R100.00 will be regarded as gross negligence except where theft or fraud can be proved | DISM |
5.2.3 Dereliction Of Duty
Definition – Failure to comply with a duty to perform a task or job function in terms of allocated tasks and or your job description and or general and recurring duties assigned to the employee.
Sample charges – Dereliction of duty in that on (date) you failed to complete (describe task or function), a task assigned to you Note 1: Refer to insubordination for alternative charge Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Failing to complete a task allocated to the employee | VR | 1WW | 2WW | FWW | DISM |
5.2.4 Loafing / Idleness
Definition – Refers to standing or sitting by idly or sauntering lazily or aimlessly and thereby neglecting one’s work, failing to work when there is work to be completed.
Sample charges – Loafing/idleness in that on the (date) you failed to devote all of your time to the furtherance of your duties in that you (describe the event).Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Where an employee is found doing non-work related acts instead of concentrating on his/her work for example, playing or fidgeting with cell phones continuously, reading personal magazines etc. | 1WW | 2WW | FWW | DISM |
Note: Attention must be paid to the differences between incapacity (cannot) and misconduct (will not). The disciplinary steps provided for in the code should be applied for “will not”. If the unsatisfactory work performance is due to incapacity (cannot), the following must be adhered to:
●A formal evaluation must be made of the employee’s performance.
●Substandard performance as well as ways to correct such performance must be discussed with the employee. The employee must also be informed as to the action that can be taken against him if his/her performance does not improve.
●Time should be allowed for the employee to improve his/her performance. The company must assist the employee as far as possible and retrain if necessary.
●The employee’s performance must be re-evaluated.
●For further clarification, see Poor Work Performance Policy
5.3 Failing to demonstrate acceptable conduct offences
5.3.1 Intimidation and or incitement
Definition
A threat using words or conduct or a combination of both with the intention to influence a person to act in a certain way. This is aimed at actions that are detrimental to the company, its staff and or clients.
Sample charges – Intimidation in that on (date) or and at (venue) you threatened intimidate other combination of both other employees by (describe incident or behaviour) – Note 1: Refer to abusive language as a possible additional charge.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| To incite or intimidate other employees to: 1. Use violence 2. Damage Company property 3. Partake in unlawful industrial action or indulge in any other disorderly behaviour. | DISM |
5.3.2 Abusive and Racist Language
Definition – Language that is inappropriate, abusive and has a racist connotation to an employee or groups of employees and may or may not be derogatory in nature.
Sample charges – Use of abusive / racist language in that on the (date) you used abusive /racist language while addressing (victim’s name).Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Use of abusive language. Swearing at fellow employees, | FWW | DISM |
5.3.3 Threatening Behaviour
Definition – Behaviour that constitutes a threat on (date) you threatened of harm on another person and or property. Could be verbal or physical actions.
Sample charges – Threatening behaviour in that on (date) you threatened (person threatened) by (describe incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Threatening another employee verbally or by actions | DISM |
5.3.4 Assault
Definition – The physical harming of a work colleague through physical contact and or violence. The unlawful and intentional application of force to a person.
Sample charges – Assault in that on the (date) you assaulted (victim) by (describe incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| The pushing of someone. The act of striking a person in any way or form | DISM |
5.3.5 Sexual harassment
Definition – Sexual harassment is conduct of a sexual conduct of a sexual nature that is
persistent, offensive and unwanted. The unwelcome conduct may be verbal,
non-verbal, visual, physical or any other form.
Sample charges – Sexual harassment in that on the (date) you (describe incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| The sending of unsolicited email and or messages of a sexual nature. Unwanted physical contact of a sexual nature. The making of comments and or suggestive remarks and or actions that have a sexual connotation or meaning. Threats, demands, suggestions and requests of a sexual nature. | DISM |
5.3.6 Unprotected strike action
Definition – Refers to employees partaking in strike action as defined by the Labour Relations Act 66 of 1997 but which is regarded as unprotected in terms of the Act
Sample charges – Participation in unprotected partaking in strike action in that on the (date), you participated in strike action that was unlawful and unprotected.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Work stoppages that occur without following dispute resolution procedures. | DISM |
5.3.7 Sabotage
Definition – Any act by an employee to interfere with the normal operations of
Sample charges – Sabotage in that on (date) you wilfully damaged property of the company by (describe event) – Note 1: Refer to damage to company property as a possible additional charge. Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Incidents were employees deliberately sabotage the Company by damaging machinery or equipment or by interrupting any supplies of power, fuel, materials or services necessary to the operations; and bomb threats, whether intended seriously or as a joke. | DISM |
5.3.8 Damage to company property
Definition -The intentional or negligent causing of harm/damage to damage to company property or property of a co-employee.
Sample charges – Damage to company property in that on (date) you caused damage to a (describe the property damaged). Note 1: Refer to negligence for possible additional chargeSample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| The breaking of a tool or machine of the company | DISM |
5.3.9 Off duty conduct
Definition – When an employee’s in conduct outside the workplace impacts on the Company’s legitimate business interest or undermines the relationship of trust and
confidence of the employment relationship.
Sample charges – Failing to demonstrate acceptable off duty conduct in that on (date) you (describe conduct) Note 1: There has to be a link to. the business interests. Note 2: Refer to bringing the Company’s name into disrepute.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Assaulting a member of the public or fellow employee off duty. Getting arrested for an offence that has an impact on the employee’s day to day duties. | DISM |
5.3.10 Endangering the safety of others
Definition – Any conduct wilful or negligent which may place the safety of others in harm’s way. Actual injury is not a requirement.
Sample charges – Endangering the safety of others in that on (date) you (describe how the employee placed endangered others’ safety). Note: Refer to Gross Negligence as an additional charge if it is as a result of negligent behaviour.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| A wilful or negligent disregard of safety rules and procedures. | DISM |
5.3.11 Abuse of Company Property
Definition – Using company property excessively for private use.
Sample charges – Abuse of Company property in that on (date) you made excessive use of (name property) without permission for your own private purpose. Note: Refer to breach of
Company Policy as an additional charge.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Incidents where an employee can use items incidentally for private use but makes excessive use, causing financial loss. E.g. abuse of company telephones, cell phone, internet, email, photo copy machines etc. | 1/2 WW | FWW | DISM |
5.3.12 Unauthorised use of company property
Definition – Making use of company property without authorisation
Sample charges – Unauthorised use of company property in that on the (date) you made use of (describe item) without authorisation or permission. Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Incidents where an employee makes use of company property which he / she is not authorised to use at all or using company property privately and the primary purpose is solely business. | FWW or DISM |
5.3.13 Under the influence of alcohol and or narcotics
Definition – Under the influence of alcohol and or any other mind altering substance including but not limited to any prohibited and or prescription drugs. Includes arriving at the workplace unfit to commence with duty due to alcohol or narcotics consumption
Sample charges – Under the influence of alcohol and or narcotics in that on the (date) you (describe incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Reporting for work in an unfit condition whilst under the influence of alcohol and/or drugs. | FWW or DISM |
5.3.14 Unauthorised consumption of alcohol and or narcotics
Definition – The consumption of alcohol, drugs or related substance whilst on duty.
Sample charges – Unauthorised consumption of alcohol in that on the (date), you were seen consuming alcohol/drugs etc. whilst on duty.
Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Consumption of alcohol and or drugs whilst on duty. | DISM |
5.3.15 Unauthorised possession of alcohol or narcotics
Definition – Refers to the possession of alcohol or drugs on that on the company premises
Sample charges – Unauthorised possession of alcohol and or narcotics in that on the (date) you were found in possession of (describe substance found)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Found in possession of alcohol and or drugs | DISM |
Note: Attention must be paid to the differences between incapacity due to ill health and wilful misconduct. If
there is a dependency problem, the incapacity due to ill health procedure should be observed. It should be noted however that even though the employer has acknowledged that the employee may be having a dependency problem and has accommodated the employee as far as reasonably possible, the employer still reserves the right to discipline the employee accordingly for any alcohol related offences within the workplace as noted above. For further clarification, see Incapacity due to Ill Health Policy.
5.4 Failing to be respectful and obedient offences
5.4.1 Insolence
Definition – Action by an employee that constitutes and shows disrespect to his/her employer. A direct (verbal) or indirect (through actions) challenge to the authority of the
employer and or his designated representative.
Sample charges – Insolence in that on (date) you showed disrespect to your manager by (describe incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Being belligerent in the acceptance of an instruction. Accepting an instruction but then voicing dissatisfaction to colleagues. Openly refusing to accept an instruction from a superior representative Nonverbal conduct e.g. clicking of the tongue, rolling of eyes etc. | FWW | DISM |
5.4.2 Gross Insolence
Definition – Any serious act of insolence that has as its element’s wilful contempt of the employer’s authority. A challenge by an employee
Sample charges – Gross insolence in that on (date) you showed disrespect to your manager by (describe incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Public refusal of an instruction. Swearing at a manager. Disrespecting and or bad mouthing a manager in the presence of colleagues, clients or members of the public. | DISM |
5.4.3 Insubordination
Definition – The intentional disobeying of a reasonable and lawful instruction given by management. Any act or conduct of disobedience that has the effect of challenging the authority of the superior/management/supervisor.
Sample charges – Insubordination in that on the (date) it is alleged that you were insubordinate by challenging the authority of the employer/superior and/or failing or refusing to obey a reasonable and lawful instruction relating to (details of instruction/incident). Note: Refer to Insolence as additional charge if employee so.
refused to carry out the instruction.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| An employee directly or indirectly confronts his the employer/superior and/or supervisor by e.g. refusing verbally and/or making no effort to carry out the work when instructed to do so. | FWW | DISM |
5.4.4 Gross insubordination
Definition – A serious act of refusing or failure to comply with a reasonable and lawful instruction.
Sample charges – Gross insubordination in that on the (date), you refused to obey a reasonable and lawful instruction relating to (details and fails to carry of instruction/incident) Note: Refer to Gross Insolence instruction in D2 as additional charge if resulting in
employee refused to carry out damage to the instruction. company.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| When an employee is given an instruction and fails to carry out the instruction resulting in damage to the company. | DISM |
5.4.5 Breach of company policy and procedure
Definition – Negligent or intentional failure to follow a company policy that has been implemented.
Sample charges – Breach of company (name of policy) policy and procedure in that on the (date) you failed to comply by (describe event or conduct).Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| An instance where there is an implemented company procedure or policy and the employee fails to follow it. Employee failing to notify the Company of his or her absence. | 1WW | 2WW | FWW | DISM |
5.5 Failing to act with honesty and integrity offences
5.5.1 Giving false evidence, making a false statement / declaration, supplying falsified documents
Definition – When a deliberate attempt is made to mislead the Company through misrepresentation of a fact, either verbally or in writing.
Sample charges – Gross dishonesty in that you on the (date) made a false statement / submitted a falsified document/ gave false evidence by (describe incident)
Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| An employee makes a false statement or submission to the company Submitting falsified claims or medical certificates | DISM |
5.5.2 Fraud / Forgery
Definition – Any wilful Any wilful misrepresentation verbally or nonverbally with the intention to derive to derive personal gain and or to cause actual or potential prejudice to another party.
Sample charges – Gross dishonesty in that you committed fraud in that on the (date) you misrepresented information to the company by (describe document and or conduct). Note: Could be linked to potential prejudice offence stipulated in 4.7.5.1Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Submitting a fraudulent qualification, failing to disclose pertinent information etc. | DISM |
5.5.3 Bribery
Definition – Giving or receiving or attempting to give or receive any bribe / money in
order to perform any act to the detriment of the company or that will result in any
form of unjustified gain or benefit.
Sample charges – Gross dishonesty in that you committed or attempted to commit bribery in that on the (date) you (describe acts of bribery or corruption).Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Accepting gifts/money from parties without authorisation for preferential treatment. Offering to pay money / carry out favours to another party in order to gain some form of unjustified advantage or to act in a dishonest manner. | DISM |
5.5.4 Theft / Attempted theft
Definition – Being in the possession of company and or client and or a fellow colleague’s property with the intention to permanently deprive the affected party of the item.
Sample charges – Theft or Attempted theft, in that on the (date), you were found in possession of (describe the item) being the property of the company/client/ colleagues without authorisation and or permission. Note: Differs from unauthorised possession,
removal and consumption and misappropriation mentioned below.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| The unauthorised removal or taking of property other than the employee’s own including the company’s/fellow employees/clients’ property. | DISM |
5.5.5 Unauthorised possession / removal / consumption of property
Definition – Being in possession of or removing or attempting to remove or consuming
company property without the authorisation necessary permission and or authority.
Sample charges – Unauthorised possession /removal / consumption of company property in that on the (date)you were found in possession of / removing (describe item) without authorisation.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Incidents where an employee is found in possession of or removing company property that although the intention to steal the item is not there, he/she has no authority to have the item in their possession. | DISM |
5.5.6 Misappropriation
Definition – The incorrect application of company funds, assets or property for reasons of
personal gain and or any other such purpose.
Sample charges – Misappropriation of company funds / property / assets in that on (date) you (describe the employee’s conduct of misappropriation)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Incidents where an employee takes something and does not use it for the purpose it was originally intended for e.g. taking petty cash for personal use etc. | DISM |
5.6 Failing to act within good faith or conflict of interest offences
5.6.1 Breach of confidentiality
Definition – Refers to the unauthorised disclosure of confidential information including but not limited to company’s without authorisation. trade secrets, confidential documentation,
technical knowhow and data, drawings, system, methods, software, processes, client lists,
programs, marketing and or financial information
Sample charges – Failing to act within the best interest of the company in that on (date), you disclosed (describe information disclosed) being confidential information of the company without authorisation.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Any disclosure of company information without permission and authorisation | DISM |
5.6.2 Competing with the employer and or conflict of interest
Definition – Acting contrary to the best interest of the employer in disclosing confidential
information to a competitor of the company and or conducting business
in competition to the company and or failing to disclose an interest in a competing business to the company.
Sample charges – Competing with the employer and or conflict of interest in that on (dates) you worked/made/conducted the business of/gave information concerning (describe content) to (competitors name) in competition with the company and in breach of your contract of employment/duty as an employee. Note1 : Refer to breach of competing business confidentiality in F1 for further to the company charge Note 2: The employee can
also be charged for dishonesty.Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Having own business which is in direct competition with the employer. Furthering the business of the competitor. Working simultaneously for another employer without permission. | DISM |
5.6.3 Failing to act within the best interest of the employer
Definition – Any conduct that whether deliberate or negligent that prejudices the interest of the employer.
Sample charges – Failing to act within the best interest of the Organisation in that on (date) you (describe the incident)Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Incidents where an employee fails to report acts of misconduct of fellow employees Acting out of the scope of authority. | FWW | DISM |
5.6.4 Breach of fiduciary duty
Definition – A failure to responsibly manage that which the Organisation has entrusted the
employee with.
Sample charges – Breach of Fiduciary Duty in that on (date) you (describe the employee’s conduct). Sample offences
| 1st | 2nd | 3rd | 4th | 5th | |
| Being placed in a position of trust to act on behalf of and take care of the interests and failing to do so in order to derive secret profits or further another’s interests at the detriment of or prejudicing the Organisation. | DISM |
6. Collective discipline
6.1. It is generally accepted that the disciplinary code and procedure is aimed at the individual employee. However, in certain circumstances it might be necessary to take action against a group of employees who have breached the Organisation’s rules and regulations that is a collective entity.
6.2. In this case, the following guidelines are suggested:
● If specific employees have been identified in the larger group, cognisance must be taken of the evidence required for identification.
● Identifying witnesses must have had a sufficient opportunity for reliable identification.
● Identifying witnesses must be reliable.
● Witnesses must have a sufficiently clear recollection of the events.
6.3 If a substantial group of employees are involved, the following practice should be adhered to:
● If practicable, present the employees with the option of an individual hearing.
● If this option is refused, request a delegation, the size of which is dependent upon the number of employees involved. The selected representatives will then represent the employees in the disciplinary hearing.
● The hearing should be conducted according to the disciplinary procedure in which all the rights of the
employees are respected and protected.
7. Formal disciplinary inquiry
7.1. In the event that a disciplinary inquiry is convened the employee may, if necessary, be suspended with pay, prior to, during or pending the outcome of the enquiry.
7.2. The employee must be informed at least 48 hours prior to the hearing in writing, in the form of a charge sheet, of the misconduct which he / she is alleged to have committed, and of his / her rights at the enquiry.
7.3. The charge sheet should have sufficient information thereupon for the employee to prepare a defence to the charges.
7.4. At the disciplinary inquiry, the employee has the following rights:
● Have an interpreter, if requested.
● Have representation by a fellow employee who can be a shop steward if requested. No legal or other outside representation will be allowed.
● Have the opportunity to confer with the representative, at reasonable times before, during and after the inquiry.
● Have the opportunity to confer with the representative, at reasonable times before, during and after the inquiry.
● Question the complainant and witnesses during the inquiry either himself or through the representative. Give evidence himself/herself (he/she cannot be compelled to do so); to call witnesses to give evidence and to argue either himself / herself or through his / her representative on the question of whether the misconduct occurred.
7.5. At the hearing the chairperson must decide after hearing all sides of the case, whether the alleged misconduct was committed or not and if so to inform the employee.
Please print ONLY this page!
Sign that you have read the policy’s next to each:
Name
Sign
Disciplinary Code and Policy
- Purpose
- Underlying principles
- Disciplinary Sanctions
- An employee’s duties and schedule of offences
- Offences
5.1 Failing to render services offences
5.1.1 Unauthorised Absenteeism/leave
5.1.2 Timekeeping
5.1.3 Sleeping on duty
5.1.4 Desertion of post
5.1.5 Desertion and or the act of absconding from work
5.1.6 Failure or Refusal to work overtime
5.2 Failing to maintain reasonable efficiency offences
5.2.1 Negligence
5.2.2 Gross Negligence
5.2.3 Dereliction Of Duty
5.2.4 Loafing / Idleness
5.3 Failing to demonstrate acceptable conduct offences
5.3.1 Intimidation and or incitement
5.3.2 Abusive and Racist Language
5.3.3 Threatening Behaviour
5.3.4 Assault
5.3.5 Sexual harassment
5.3.6 Unprotected strike action
5.3.7 Sabotage
5.3.8 Damage to company property
5.3.9 Off duty conduct
5.3.10 Endangering the safety of others
5.3.11 Abuse of Company Property
5.3.12 Unauthorised use of company property
5.3.13 Under the influence of alcohol and or narcotics
5.3.14 Unauthorised consumption of alcohol and or narcotics
5.3.15 Unauthorised possession of alcohol or narcotics
5.4 Failing to be respectful and obedient offences
5.4.1 Insolence
5.4.2 Gross Insolence
5.4.3 Insubordination
5.4.4 Gross insubordination
5.4.5 Breach of company policy and procedure
5.5 Failing to act with honesty and integrity offences
5.5.1 Giving false evidence, making a false statement / declaration, supplying
falsified documents
5.5.2 Fraud / Forgery
5.5.3 Bribery
5.5.4 Theft / Attempted theft
5.5.5 Unauthorised possession / removal / consumption of property
5.5.6 Misappropriation
5.6 Failing to act within good faith or conflict of interest offences
5.6.1 Breach of confidentiality
5.6.2 Competing with the employer and or conflict of interest
5.6.3 Failing to act within the best interest of the employer
5.6.4 Breach of fiduciary duty - Collective Discipline
- Formal Disciplinary Inquiry
It is the employee’s responsibility to contact management should he / she have any queries about the policies in the Eersterust Care & Training Centre’s HR Manual.
I, ____________________________________________________________________________ (Name and Surname)
____________________________________________________________________________, (ID/Passport number)
Employed as ____________________________________________________________________________ (Job Title)
Hereby agree that I have read and understood the contents of Eersterust Care & Training Centre’s disciplinary code and
policies and procedures and agree to comply with the provisions of these.
Date: __________________________________________________________________________________________
Signature: ______________________________________________________________________________________
Manager name & surname: ________________________________________________________________________
Signature: ______________________________________________________________________________________
