1 Disciplinary Code

DISCIPLINARY PROCESS

INDEX

1. Objectives

2. Disciplinary Code

3. Absence without notification to the Employer

4. General Rules

5. Disciplinary Action

6. Section 34(2) of the Basic Conditions of Employment Act

7. Procedure Information (Warnings)

7.1 Level 1 (First Written Warning)

7.2 Level 2 (Serious Written Warning)

7.3 Level 3 (Final Written Warning)

7.4 Level 4 (Dismissal)

DISCIPLINARY CODE

1. OBJECTIVES

The primary objective of the disciplinary procedure is to ensure that each Employee complies with all the terms and conditions of his/her employment with the company, the Employer’s rules and regulations pertaining thereto, that he/she adequately fulfils his/her obligations to the Employer and to discourage unacceptable behaviour and performance.

Non compliance with these by an Employee will be a breach of his/her employment obligations and such breach will justify disciplinary action.

2. DISCIPLINARY CODE

Conduct by an Employee constituting any of the items below will be a breach of the employment code and may justify disciplinary action. This list is not exhaustive and must only be regarded as examples/guidelines.

3. ABSENCE WITHOUT NOTIFICATION TO THE EMPLOYER

3.1 It is the duty of every Employee to notify the Employer if he/she is absent for one or more

days. Additionally it is the Employee’s responsibility to inform the Employer at regular intervals, if the absence is expected to prolong, and, when possible, the expected date of return must be advised.

3.2 In order to ensure that messages are received by the Employer, absences must be

reported to your supervisor between 08h00 and 10h00, who will record the messages and inform the company. Should the supervisor receive the message first he/she must inform the relevant manager/the owner, (and/or designated representative) in order to update the records.

3.3 IN VIEW OF THE FACT THAT AN EMPLOYEE MAY BE DISCHARGED FOR

ABSENTEEISM, IT IS VERY IMPORTANT THAT NOTIFICATION REGARDING ABSENCE IS CORRECTLY NOTIFIED AND RECORDED.

3.4 The disciplinary action for absence without notification to the Employer will be as follows:

3.4.1 Absenteeism without notification/abscondment will be dealt with on the grounds

of individual merits and the reasons for the absenteeism/abscondment as well as

the efforts of the Employees to contact the Employer will be taken into account.

3.4.2 Note:

If the Employee is to receive remuneration for any absent days without leave,

he/she must apply for leave. If not, he/she will not receive any payment for that

period.

3.4.3 The Abscondment Notice must read:

“Should an Employee be absent for 5 (five) days or more,his/her employment

contract will deem to be terminated. The Employee should then request an

investigation and the company can then decide whether thy will re-employ

him/her.”

3.5 Should an Employee be absent for 5 (five) days or more, and as a result thereof be

discharged, but return on any day after that, the Employer will consider reinstatement

should the circumstances of his absence is one of the following grounds:

3.5.1 Hospitalization due to unconsciousness;

3.5.2 Any other reason acceptable to the Employer.

3.6 In any of these circumstances sufficient proof issued by the authorities must be submitted.

4.GENERAL RULES

4.1 This procedure will be applicable to all Employees employed by the Employer.

4.2 Before taking any disciplinary action, the Employer will ascertain all the relevant facts.

4.3 The Employee has the right to freedom of association, to join or not to join any union of

his/her choice.

4.4 The Employee’s representative ma y be any co-worker.

4.5 The Employee has the right to put in a grievance against any co-worker or a decision of

management concerning his/her conditions of employment or future with the Employer.

4.6 When an Employee is disciplined for whatever reason, the superior should clearly explain

the nature of the transgression, the required behaviour or actions and the actions that will

be taken should the Employee persist in his/her behaviour.

4.7 Written warnings will be invalid after 6 (six) months of the date of issue and final written

warnings will be invalid after 12 (twelve) months of the date of issue.

4.8 The Employer will act in an advisory capacity only and monitor that the correct

procedures are being followed.

4.9 If an Employee is dissatisfied with the outcome of any disciplinary action, he/she will not

be entitled to pursue the matter further through the Grievance Procedure, but should follow the prescribed procedure as set out below.

4.10 A dismissed Employee will not receive any payment for time spent on appeals unless

he/she is reinstated.

4.11 Employees on probation will be subject to the Disciplinary Code of the Employer.

5.DISCIPLINARY ACTION

5.1 The disciplinary action taken will be at the discretion of the Employer depending on the

seriousness of each case. Under normal circumstances and for the same offence the following steps will be followed prior to dismissal:

5.1.1 First Written warning (level 1);

5.1.2 Serious Written warning (level 2);

5.1.3 Final Written warning (level 3);

5.1.4 Dismissal (level 4).

6. SECTION 34(2) OF THE BASIC CONDITIONS OF EMPLOYMENT ACT

6.1 A deduction in terms of subsection 1(a) of the Act may be made to reimburse an

Employer for loss or damage only if:-

6.1.1 the loss or damage occurred in the course of employment and was due to the

fault of the Employee;

6.1.2 the Employer has followed a fair procedure and has given the Employee a

reasonable opportunity to show why the deductions should not be made;

6.1.3 the total amount of the debt does not exceed the actual amount of the loss of

damage; and

6.1.4 the total deduction from the Employee’s remuneration in terms of this subsection

does not exceed one quarter of the Employee’s remuneration in money.

7.PROCEDURE INFORMATION (WARNINGS)

7.1 Level 1 (first written warning)

This is a first written warning of which record must still be kept. First written warnings may be given by the immediate superior or a more senior managerial Employee.

7.2 Level 2 (Serious Written warning)

Serious written warnings may be given by the immediate superior and a more senior managerial Employee. Such serious written warnings may be given where a first written

warning has failed or where the conduct is so serious that a first written warning would be inadequate.

7.3 Level 3 (Final written warning)

7.3.1. A final written warning may be given by the designated manager or a more senior

managerial Employee. Such final written warning may be given where a first

written warning and serious written warning is considered inadequate because of

the seriousness of the conduct. Failure to heed such a final written warning,

which will remain valid for 12 (twelve) months from the date of issue, may result

in dismissal after a disciplinary hearing. Such fact must be explained to the

Employee by the person issuing the warning and the fact must be noted on the

warning form. A final written warning will be given on the appropriate form and

the Employee must be requested to sign it to signify that he/she has received the

warning. A copy must be placed in his/her file. Should he/she refuse to sign,

that fact will be noted on the form, but no action will be taken for refusal to sign

the form.

7.3.2 Any co-Employee or any other Employee in a managerial status could sign on

his/her behalf signifying that the accused received the warning.

7.3.3 Any request for appeals must be in writing and the Employee must state his/her

reasons for the appeal on the appropriate appeal form.

7.3.4 The appeal hearing will be heard by any designated person other than the

person who chaired the disciplinary hearing.

7.3.5 Any such appeal will be heard as soon as possible and the final decision will be

communicated to the Employee and/or his/her representative.

7.3.6 The decision taken by this appeal board will be final.

7.4 Level 4 (Dismissal)

7.4.1. Where an Employee commits an offence in the case of misconduct, dishonesty

and insubordination which warrants stronger action than a final written warning,

or failure to heed a final written warning, a full disciplinary enquiry will be

requested by the Employer.

7.4.2. This enquiry will be chaired by a designated senior manager or, in his/her

absence, a more senior managerial Employee, or any designated person whom

the Employer has appointed. The enquiry will be held in the presence of the

Employee, his/her representative and the designated person appointed by

management.

7.4.3 After having determined all the facts and circumstances, this manager will make

a recommendation and will inform the Employee and his/her representative

thereof.

7.4.4 The Employee must be issued with a written charge sheet/notice of disciplinary,

which lists all the charges against him/her. The charge sheet will specify the

date of the hearing, which date must not be sooner than 24 (twenty four) hours

after the Employee was served with the charge sheet.

7.4.5 The Employer reserves the right to suspend the Employee during the period prior

to the hearing with full pay.

THE EMPLOYER RESERVES THE RIGHT TO USE AN OUTSIDE COMPANY TO CONDUCT DISCIPLINARY ACTIONS.

THIS DISCIPLINARY CODE MUST BE READ TOGETHER WITH THE LETTER OF APPOINTMENT AND/OR THE CONTRACT OF SERVICE.

I, ____________________________ hereby acknowledge that I have received a copy of this Disciplinary Code which was attached to my letter of appointment and / or contract of service and I am fully aware of the stipulations in both / documents.

SIGNED AT _______________________ ON THIS _____________DAY OF _____________________20___.

__________________________

EMPLOYEE