Employee Relations (IR)
The Company undertakes to maintain disciplinary and appeal procedures which are fair, just and equitable for all its employees, irrespective of race, creed, sex, religion or job category. The main purpose of the disciplinary procedure is to provide guidelines in correcting unacceptable behaviour or unsatisfactory performance by any employee. At all times the Code of Good Practice as contained in Schedule 8 of the LRA, 1995 should be used as a primary guideline.
THE COMPANY WILL:
- Maintain fair, just and consistent discipline,
- Ensure that all employees are made aware of the standards of acceptable behaviour expected of them.
THE EMPLOYEES ARE EXPECTED TO:
- Comply with the various rules and procedures of the Company as amended from time to time. These rules and procedures must be made known to all employees,
- Carry out all reasonable and lawful instructions given to them,
- Comply with the law,
- Behave in an orderly and lawful manner,
- Treat the Company's property with care and respect and not to use such property for their own benefit,
- Treat all other employees and their property with respect,
- Not to victimise or intimidate any other employees,
- Make themselves available for work in terms of the rules set by the Company and to keep to the specified working hours,
- Perform their duties in accordance with the standards required by the Company.
- The disciplinary code forms a part of the terms and conditions of employment and is relevant to all employees.
- The company is entitled to suspend an employee on full pay pending an investigation into any alleged breach of the disciplinary code. His suspension will depend on the outcome of a disciplinary action and if the employee is dismissed, he/she will receive pay for the period of suspension. Warnings to employees are cumulative only if the warnings issued are for the same type of offence and will remain operative for the period stipulated, but not for more than 12 months.
If an employee is not dismissed or warned for a transgression of the disciplinary code, it will not be regarded as a precedent. The company / employer may at any time warn or dismiss the employee for a similar offence.
- Where suspicion of alcohol abuse on the company’s premises is suspected an employee should be willing to submit himself to a breath test and / or a blood test by a qualified medical doctor of the employer's choice.
- Employees may be required to have their property and / or persons searched on entering or leaving the premises. The search will be conducted in the presence of the employee and in accordance with accepted standards.
- Training is an accepted means of corrective action and is generally used where it has been established that an employee had erred as a result of ignorance.
- Preventative steps can be taken such as a transfer within the company, after due consultation with the employee.
- The issuing of verbal or written warnings or dismissals is punitive.
- Counselling could be used as a corrective action tool.
- According to the circumstances either corrective or punitive action may be taken.
- Verbal warnings shall always be followed by a disciplinary hearing.
EVERY EMPLOYEE HAS THE FOLLOWING RIGHTS:
- To be given advance warning of any charge against him / her,
- To be advised of the charge in writing,
- To be given time to prepare his / her defence,
- To be allowed a formal hearing or enquiry,
- To be present at a formal hearing or enquiry,
- To be represented at a formal hearing or enquiry by a colleague of choice or by a shop steward, or a trade union representative,
- To cross‑examine any person giving evidence and to ask questions of any evidence produced,
- To call witnesses to testify on his / her behalf,
- To an interpreter, who is an employee of the Company,
- To appeal within five working days against any penalty which may be imposed, to a higher level of management.
THE COMPANY HAS THE FOLLOWING RIGHTS:
- To take the appropriate action where management considers that an employee's behaviour or performance is unacceptable or unsatisfactory,
- To call witnesses to testify on its behalf,
- To decide when an employee's behaviour or performance is unacceptable or unsatisfactory,
- To institute criminal charges against an employee if the company feels that it is appropriate.