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TITLE: Disciplinary Code and Procedures
Policy Number / DRAFT - 0037
Effective Date
Revision Date
Approved
  1. PURPOSE
  2. To support constructive labour relations in Waterberg FET College.
  3. To promote mutual respect between employees and employer.
  4. To ensure that managers and employees share a common understanding of misconduct and discipline.
  5. To promote acceptable conduct.
  6. To provide employees and the employer with a quick and easy reference for the application of discipline.
  7. To avert and correct unacceptable conduct.
  8. To prevent arbitrary or discriminatory actions by manages towards employees.
  1. PRINCIPLES
  2. Discipline is a corrective measure and not a punitive one.
  3. Discipline must be applied in a prompt, fair, consistent and progressive manner.
  4. Discipline is a management function
  5. Disciplinary code is necessary for the efficient delivery of service and the fair treatment of the public and ensures that employees:
  6. Have a fair hearing in a formal or informal setting;
  7. Are timeously informed of allegations of misconduct made against them;
  8. Receive written reasons for a decision taken;
  9. Have the right to appeal against any decision.
  10. Disciplinary procedure shall take place in the place of work and be understandable to all employees
  11. If an employee commits misconduct that is also a criminal offence, the criminal procedure and the disciplinary procedure will continue as separate and different proceedings,
  12. Disciplinary proceedings do not replace or seek to imitate court proceedings.
  1. ACTS OF MISCONDUCTS (The list is not exhaustive).
  2. An employee will be guilty of misconduct if he or she, among other things:
  3. Fails to comply with or contravenes an Act, regulation or legal obligation;
  4. Wilfully or negligently mismanages the finances of the College;
  5. Without permission possesses or wrongfully uses the property of the College, another employees and or a visitor.
  6. Wilfully, intentionally or negligently damages and or causes loss of College property;
  7. Endangers the lives of self or others by disregarding safety rules or regulations;
  8. Prejudices the administration, discipline or efficiency of the College, office or institution of the College;
  9. Misuses his or her position in the College to promote or to prejudice the interest of any political party;
  10. Steals bribes or commit fraud;
  11. Accept any compensation in cash or otherwise from a member of the public or another employee for performing his or her duties without written approval from the College;
  12. Fails to carry out a lawful order or routine instruction without just or reasonable cause;
  13. Absents or repeatedly absents him/herself from work without reason or permission;
  14. Commits an act of sexual harassment;
  15. Engages in sexual relations with a student/Learner;
  16. Discriminates against others on the basis of race, gender, disability, sexuality or other grounds outlawed by the constitution;
  17. Performs poorly or inadequately for reasons other than incapacity;
  18. Without written approval from the College, performs work for compensation in a private capacity for another person or organisation either during or outside working hours;
  19. Without authorisation, sleeps on duty;
  20. While on duty, conducts herself or himself in an improper, disgraceful and unacceptable manner.
  21. While on duty, is under the influence of an intoxicating, illegal, unauthorised, habit-forming and alcohol;
  22. Contravenes any code of conduct of the College,
  23. Assaults, or attempts or threatens to assault, another employee or person while on duty;
  24. Incites other personnel to unprocedural and unlawful conduct;
  25. Displays disrespect towards others in the workplace or demonstrates abusive or insolent behaviour;
  26. Intimidates or victimises fellow employees
  27. Prevents other employees from belonging to any trade union or body;
  28. Operates any money lending scheme for employees for own benefit during working hours or from the premises of the public service;
  29. Carries or keeps firearms or other dangerous weapons in College premises, without written authorisation of the College;
  30. Refuses to obey security regulations;
  31. Gives false statements or evidence in the execution of his or her duties;
  32. Falsifies records or any other documentation;
  33. Participates in unprocedural, unprotected and/or unlawful industrial action;
  1. FORMS OF DISCIPLINARY ACTIONS
  2. Corrective Counselling

This constitutes a first stage of disciplinary action and is aimed at informing the employee about required standards of performance and correcting minor instances of misconduct, rather than serving as a formal warning.

4.2.Verbal Warning

The verbal warning is used for minor infractions and as a first step in progressive discipline. Written documentation of a verbal warning is placed in the employee’s personal file for the supervisor to keep record of the warning issued. Verbal warnings are valid for a maximum period of six months.

4.3.Written Warning

Written warnings are usually issued for more serious offences, or in the event of previous verbal warnings have failed to achieve the desired effect. It is valid for a maximum period of six months and placed in the personal file of the employee.

4.4.Final Written Warning

When issuing a final written warning, the same procedure must be followed as for a written warning, but in addition the employee must be informed that should he/she commit similar offence within a certain period of time, he/she may be dismissed. The validity of this warning is generally six months. Final Written warning will be given according to the employee’s previous records and it will be placed in the employee’s personal file.

4.5.Suspension

Suspension refers to a situation where an employee is not permitted to be at the workplace for a stipulated period of time, in either a paid or an unpaid capacity

4.5.1.Suspension Without Pay

Suspension without pay amounts to the withholding of work and pay and should not be longer than 3 months.

4.6.Demotion

To be demoted is to be reduced to a lower rank or grade.

  1. CLASSIFICATION OF OFFENCES
  2. Minor Offences
  3. Coming late to work
  4. Unjustified absence from workplace
  5. Loafing, wasting time, or deliberately working slowly
  6. Playing around at work

5.2.Serious Offences

5.2.1.Absenteeism

5.2.2.Leaving College’s premises without permission

5.2.3.Abusing sick leave benefits

5.2.4.Smoking in ‘NO SMOKING’ areas

5.2.5.Falsifying an accident report

5.2.6.Sleeping at the place of work

5.2.7.Below standard work performance

5.3.Very Serious Offences

5.3.1.Being under the influence of alcohol or drugs at work

5.3.2.Deliberately ignoring a manager’s/supervisor’s orders about work

5.3.3.Refusing to carry out legitimate orders

5.3.4.Insulting fellow workers, particularly in cases affecting race relations

5.3.5.Exposing a subordinate to unsafe working conditions

5.4.Offences which could justify dismissal or suspension for afirst offence

5.4.1.Dishonesty or fraud

5.4.2.Violation of safety or security regulations

5.4.3.Fighting on College premises

5.4.4.Assault on College premises

5.4.5.Intimidation

5.4.6.Carrying dangerous weapons on College grounds

5.4.7.Deliberately damaging College premises

5.4.8.Being in possession of drugs on College premises

5.4.9.Unauthorised or negligent use of College equipment, whether or not this leads to damage of equipment.

5.4.10.Engages in sexual relations with astudent/learner.

  1. EXAMPLE OF HOW EMPLOYEES CAN BE SANCTIONED
  2. Minor Offences
  3. 1stOffence – Verbal warning
  4. 2ndOffence – Written warning
  5. 3rdOffence – Final written warning
  6. 4thOffence – Disciplinary action (Hold a disciplinary hearing, and if all the facts point to guilt i.e. The employee has already received three warnings for the same or similar offence, then dismissal)

6.2.Serious Offences

6.2.1.1stOffence – Written warning

6.2.2.2ndOffence – Final written warning

6.2.3.3rdOffence – Disciplinary action (Hold a hearing, and if all the facts points to guilt i.e. the employee has already received two warnings for the same or similar offence, then dismissal).

6.3.Very Serious Offences

6.3.1.1st Offence – Final written warning

6.3.2.2ndOffence – Hold a hearing and if all the facts point to guilt, summary dismissal

6.4.Dismissible Offences

6.4.1.1st Offence – Hold a hearing and if after consideration of all the relevant facts the employee is found guilty, dismiss the employee.

6.5.If the alleged misconduct justifies a more serious form of disciplinary action, the College may initiate a disciplinary enquiry. The College must appoint an employee as a representative.

  1. DISCIPLINARY ENQUIRY
  2. Notice of Enquiry
  3. The employee must be given notice of at least five working days before the date of the hearing.
  4. The employee must sign receipt of the notice. If the employee refuses to sign receipt of the notice, it must be given to the employee in the presence of a fellow employee who shall sign in confirmation that the notice was conveyed to the employee.
  5. The written notice of the disciplinary meeting must use the form Annexure D, and provide:
  6. A description of the allegations of misconduct and the main evidence, on which the employer will rely,
  7. Details of the time, place and venue of the hearing, and
  8. Information on the rights of the employee to representation by a fellow employee or a representative or official of a recognised trade union, and to bring witnesses to the hearing.

7.2.Precautionary Suspension

7.2.1.The employer may suspend an employee on a full pay or transfer the employee if:

7.2.1.1.The employee is alleged to have committed a serious offence, and

7.2.1.2.The employer believes that the presence of an employee at the workplace might jeopardise any investigation into the alleged misconduct, or endanger the wellbeing or safety of any person or College property.

7.2.2.A suspension of this kind is a precautionary measure that does not constitute a judgement and must be on full pay.

7.2.3.If an employee is suspended as a precautionary measure, the employer must hold a disciplinary hearing within a month or 60 days, depending on the complexity of the matter and the length of the investigation. The chair of the hearing must then decide on any further postponement.

  1. CONDUCTING A DISCIPLINARY HEARING
  2. The disciplinary hearing must be held within ten workingdays after the notice of a disciplinary hearing has been delivered to the employee.
  3. The chair of the hearing must be appointed by the employer and be an employee on a higher grade than the representative of the employer.
  4. The employer and the employee charged with misconduct may agree that the disciplinary hearing will be chaired by an arbitrator from relevant sectoral bargaining council appointed by the council. The decision of the arbitrator will be final and binding and only open to review in terms of the Labour Relations Act, 1995. All the provisions applicable to disciplinary hearings in terms of this code will apply for purposes of these hearings. The employer will be responsible to pay the costs of the arbitrator.
  5. If the employee wishes, she or he may be represented in the hearing by a fellow employee or a representative of a recognised trade union.
  6. If necessary, an interpreter may attend the hearing.
  7. In a disciplinary hearing, neither the employer nor the employee may be represented by a legal practitioner, unless-
  8. The employee is a legal practitioner or the representative of the employer is a legal practitioner and the direct supervisor of the employee charged with misconduct; or
  9. The disciplinary hearing is conducted in terms of paragraph 7.3.c

8.7.If the employee fails to attend the hearing and the chair concludes that the employee did not have a valid reason, the hearing may continue in the employee’s absence.

8.8.The chair must keep a record of the notice of the disciplinary hearing and the proceedings of the meeting.

8.9.The chair will read the notice for the record and start the hearing.

8.10.The representative of the employer will lead evidence on the conduct giving rise to the hearing. The employee or the employee’s representative may question any witness introduced by the representative of the employer.

8.11.The employee will be given an opportunity to lead evidence. The representative of the employer may question the witnesses.

8.12.The chair may ask any witness questions for clarification.

8.13.If the chair decides the employee has committed misconduct, the chair must inform the employee of the finding and the reasons for it.

8.14.Before deciding on a sanction, the chair must give the employee an opportunity to present relevant circumstances in mitigation. The representative of the employer may also present aggravating circumstances.

8.15.The chair must communicate the final outcome of the hearing to the employee within five working days after the conclusion of the disciplinary enquiry, and the outcome must be recorded on the employee’s personal file.

  1. SANCTIONS
  2. If the chair finds an employee has committed misconduct, the chair must pronounce a sanction, depending on the nature of the case and the seriousness of the misconduct, the employee’s previous record and any mitigating or aggravating circumstances. Sanctions consist of:
  3. Counselling
  4. A written warning valid for six month,
  5. A final written warning valid for six months,
  6. Suspension without pay, for no longer than three months,
  7. Demotion
  8. A combination of the above, or
  9. Dismissal
  10. If an employee is demoted, he/she may only, after a year, apply for promotion to a higher advertised post without prejudice.
  11. The employer shall not implement the sanction during an appeal by the employee.10.
  1. APPEAL
  2. An employee may appeal a finding or sanction by completing Appeal Form.
  3. The employee must, within five working days of receiving notice of the final outcome of a hearing or other disciplinary procedure, submit the appeal form to his/her Executing Authority, or to his or her manager, who shall then forward it to the appeal authority.
  4. The Appeal Authority may, on good cause shown, condone the late lodging of an appeal.
  5. The Appeal authority, who shall consider the appeal, shall be:

10.4.1.The executing Authority of the employee, or

10.4.2.An employee appointed by the executing authority, who was not involved in the decision to institute the disciplinary proceeding and who has a higher grade than the chair of the disciplinary hearing.

10.5.The appeal authority may:

10.5.1.Uphold the appeal, and/or

10.5.2.Reduce the sanction to any lesser sanction

10.5.3.Confirm the outcome of the disciplinary proceeding.

10.6.The employer shall immediately implement the decision of the appeal authority. Where the appeal authority decides to decides to reduce the sanction or to confirm the outcome of the disciplinary proceedings (e.g. dismissal), the sanctions will be implemented by the employer from a current date.

10.7.Departments must finalise appeals within 30 days, failing which, in cases where the employee is on precautionary suspension, he/she must resume duties immediately and await the outcome of the appeal while on duty.

  1. WATERBERG FET COLLEGE WARNINGS (DOCUMENTATION)
  2. Written Warning (Addendum A)
  3. Final Written Warning (Addendum B)
  4. Notice of Disciplinary Hearing (Addendum C)
  5. Notice of Appeal (Addendum D)
  6. Checklist for Disciplinary Hearing (Addendum E)