DOCUMENT NO: KK-WV-5.00
1. INTRODUCTION
Kakuzi believes in the safety and fair treatment of its employees. It is the responsibility of every employee including management to observe and maintain disciplined behaviour.
We believe in fair payment for work done, and in fair and equitable treatment and conditions of employment for all our employees.
We acknowledge the importance of employee job-security, the maintenance and preservation of personal dignity and self-esteem, and equal opportunities for all.
The objective is to have a documented disciplinary process that:-
(a) is fair
(b) is responsible
(c) is rational
(d) is consistent
(e) affects all employees in the same way
(f) is not contrary to any law
(g) has a remedial approach rather than a punitive approach
(h) respects the rights of all parties
(i) is communicated
2. RIGHT TO BE ACCOMPANIED/REPRESENTED
The employee has a right to bring a relevant representative with them to a disciplinary session.
The employee should tell the employer as soon as possible who they want to be their representative so arrangements can be made in good time.
Who the employee can bring with them
The employee must choose their representative from one of the following:
- a work colleague
- a workplace trade union representative
The company will make reasonable adjustments for disabled employees. This may mean allowing someone else to attend, for example a support worker or someone with knowledge of the disability and its effects.
Consideration shall be made in certain circumstances to allow a counsellor or psychological professional support to a disciplinary session.
3. PROGRESSIVE DISCIPLINE
Kakuzi observes the principles of progressive discipline in its disciplinary process.
Verbal warning
3.1 In case of a moderate offence, a manager conducts an informal disciplinary interview with the employee, which may result in a verbal warning. The manager must point out the undesirable behaviour or unacceptable performance to the employee, explain why it is a problem, and discuss ways and means whereby a recurrence can be avoided.
3.2 It is important that the employee at this stage be made aware that further misconduct or non‑compliance with company standards could lead to formal disciplinary action being taken against him/her with the possibility of dismissal.
3.3 No formal proceedings are required and no written record is kept of this warning.
Written warning and final written warning
3.4 If the verbal warning(s) fail, the manager should give the employee a formal written warning. A repetition of wrongful behaviour or a more serious offence can result in a final written warning.
3.5 A written warning shall be valid for a period of 6 (six) months and a final written warning shall be valid for a period of 12 (twelve) months, where after such warning or final warning shall lapse. The company has the right, in the event of gross misconduct eg. Dishonest behaviour etc. or when a pattern of unacceptable behaviour develops, to refer to such lapsed warnings, irrespective the validity of such warning.
3.6 All written warnings will be recorded in a disciplinary form, which will be placed on the employee's file. A copy of the disciplinary form will be handed to the employee.
3.7 The exact nature of the employee’s misconduct, transgression of unacceptable behaviour or performance must be clearly recorded by the manager on the appropriate form. The employee should be asked to sign a warning form only to indicate receipt thereof. Should the employee disagree with the contents of a warning or refuses to sign such warning, such disagreement or refusal must be noted on the warning form in the presence of a witness. Management will not insist on the employee's signature as this is not a pre‑requisite for the validity of the warning.
3.8 The warning must be completed in duplicate. One copy should be handed to the employee and the second copy must be filed in the employees Human Resources/Personnel file.
Dismissal with notice or with pay in lieu of notice
3.9 When, in the employer's opinion,
3.9.1 a series of performance improvement measures have not produced the anticipated effect; or
3.9.2 a series of verbal or written reprimands given for minor misconduct have not been effective; or
3.9.3 when an employee is alleged to have committed serious misconduct, the company should before taking disciplinary action, hold a formal disciplinary inquiry, then the company shall be entitled to terminate an employee's service after conducting such formal disciplinary inquiry should the conduct of the employee, after considering mitigating factors, warrant such dismissal.
Summary Dismissal
3.10 When, after conducting a full disciplinary hearing the employee is found guilty of gross misconduct, such as;
3.10.1 dishonesty;
3.10.2 gross insubordination;
3.10.3 assault causing bodily harm, or intent to cause bodily harm;
3.10.4 gross negligence causing harm to people or loss / damage to property;
3.10.5 intoxication / use of liquor or substance which causes a narcotic effect where such use resulted, or could have resulted, in serious harm or injury to people or loss / damage to property; then the company shall have the right to terminate an employee's service without notice (summarily).
4. RIGHT TO APPEAL
4.1 An employee shall have the right to appeal against a decision of a disciplinary hearing where such hearing resulted in a dismissal. An employee bringing an appeal against the decision of a disciplinary inquiry shall lodge such appeal with the Senior Line Manager within three (3) working days of the disciplinary hearing having taken place.
24.2 An employee bringing an appeal should complete the notice of appeal form prior to the appeal hearing itself and such appeal form should be handed to the Line Manager.
24.3 The employee may appeal on the following grounds;
24.3.1 alleged procedural irregularities occurred at the disciplinary hearing;
24.3.2 new facts/evidence have become available that were not taken into account at the disciplinary hearing;
24.3.3 the employee is of the view that the action taken is unprecedented for the transgression or breach concerned, or that the penalty is too harsh under the circumstances;
24.3.4 mitigating circumstances were not appropriately taken into account when deciding on penalty.
9. PRINCIPLES OF FAIRNESS
To ensure that the employee is treated fairly, we see to it that the action taken is:-
(a) In accordance with established procedures (procedural fairness).
(b) Based on sufficient factual evidence (substantive fairness).
(c) Warranted under the circumstances and consistent with similar instances.
(d) Vetted at the appropriate levels within the company.
(e) Subject to an appeal against the decision to dismiss.
13. AUTOMATIC RIGHT TO BE HEARD
It is a well-established principle of law that everyone has the right to be heard. This also includes the right to appeal. The right to be heard also means that the individual must be told of the charges against him and he must have full opportunity to defend himself and to call witnesses.
14. CANNOT BE JUDGED BY ACCUSER
It is also a well-established principle of law that a person must not be judged by his accuser. The prosecution and the judicial functions must be separated. The hearing official should not be party to the dispute or issue. He must not have a direct interest in the outcome.
15. RECORDING OF DISCIPLINARY / APPEAL HEARINGS
The parties involved in the disciplinary process may choose to record the proceedings, either by means of tape recording, verbatim or written minutes of the proceedings. The company will make available copies of the written minutes to the appellant, his chosen representative or the union official, upon receipt of a written request for such documentary proof.
16. NON-APPEARANCE
16.1 The company representative / chairman shall have the full right to continue with a disciplinary hearing in the absence of the accused/representative/witness should;
16.1.1 the accused, representative and/or witness fail to appear before the tribunal and/or chairman of a disciplinary hearing on the date and time as scheduled, without a written request that the hearing be postponed and without good cause
17 NON-PARTICIPATION
17.1 It is a specific element of this procedure that an accused shall have the right to choose whether or not to participate in the disciplinary proceedings, save to state that;
17.1.1 the chairman shall only be obliged to consider the evidence tabled during such a disciplinary hearing
17.1.2 such non-participation shall seriously jeopardise the case of the refusing party
17.1.3 such refusing party shall forfeit any right to refer any dispute resulting from a possible dismissal for litigation.
18. DESERTION
18.1 In the event of an employee absenting himself from his place of work, without authorisation and without permission, for a period exceeding five working days, the following procedure shall apply;
18.1.1 The employee’s service shall be summarily terminated, in his absence, on the morning of the sixth day
18.1.2 Should the employee return to work, given documentary evidence of his/her whereabouts during the period of absence, the matter would be dealt with as an appeal application during which the dismissal may be reviewed.
19. APPEALS
19.1 The manager may direct that appeals be heard by an independent person/consultant or member of senior management as described above. The findings of such an appeal tribunal will be final and no further level of appeal will be granted.
An appeal tribunal may, depending on the facts:
(a) Set aside the decision reached at the initial hearing and finds the employee not guilty.
(b) Uphold the decision of guilt by the Chairman of the initial hearing, but mitigate the punitive action taken.
(c) Uphold the decision and punitive action by the initial tribunal.
(d) Find that certain facts were not considered and that the failure to consider the facts has prejudiced the case and therefore order a new hearing by another tribunal.
An appeal tribunal may not decide to issue a more severe penalty than the penalty decided on by the initial tribunal.
20. NOTICE PAY
In the event of a dismissal being with notice such notice will be in terms of the employees employment contract.
In the event of a dismissal being summarily no notice will be applicable and the last working (pay day) will be the date of dismissal.
Revision Date: November 2020 || Approved by MD || Revision No. 00/2020