Information Booklet and Disciplinary Code Barry Hertzog Avenue, Greenside, JHB.
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1 Information Booklet and Disciplinary Code Barry Hertzog Avenue, Greenside, JHB 1 P a g e
2 TABLE OF CONTENTS Page Registration 3 Legal Advice 3 Availability 4 Payments 4 Dress Code 4 Identification Card 5 Grievance Procedure 5 Disciplinary Code 7 Patients Rights 12 Nurses Rights 14 Nurses Pledge of Service 15 2 P a g e
3 1. REGISTRATION What do I need to register with Callas? When registering with Callas, copies of the following documents are required for your application to be considered: your SANC receipt (for current year); your ID / Passport (work permit if Passport) Bank Statement (1 page for account verification) Proof of Professional Indemnity Tax / SARS Number Where can I obtain a Callas application form? Callas application forms may be obtained by contacting our office on the telephone number depicted on the front page of this booklet and providing a return fax number or address. Our Client Care Consultants, who visit hospitals on a daily basis, also have these forms. Forms may also be collected and completed at our office (on appointment) at the address as on the front page of this booklet. How do I submit my application form? Application forms may be faxed / ed back. It can also be handed to our Client Care Consultants who are in different hospitals on a daily basis. How do I know if my application was successful? Once Callas receives your application, you will receive a sms, and in due time Callas will contact you with an interview date and any further documents we may require. What do I do if some of my information changes during my employment with Callas? It is very important to notify Callas as soon as your information changes as we need to keep our database updated at all times. When can I start to clock for Callas You can start clocking for Callas once you have been interviewed and successfully attended orientation. 2. LEGAL ADVISE 3 P a g e
4 Callas provides a free legal service to all of its staff members who arein the employ of Callas for a period of no less than 3 (three) months. Our Corporate Legal Counsel, Adv A Coetzer, will provide free 1 st legal advice on matters pertaining to Civil, Criminal and Domestic violence matters. Counsel will be available on specific dates and times of which may be obtained from the office. 3. AVAILABILITY How do I avail myself? You can inform Callas of your availability by phoning the office or by replying to the sms that goes out to Callas-staff on a weekly basis. 4. PAYMENTS When do I get paid? All hours worked from Monday to Sunday is paid on the Tuesday of the following week. Callas pays from FNB so everyone banking with FNB will get their money the same day. Everyone banking with another bank will Receive their money on the Wednesday. What if I did not get paid? There are various reasons for not getting paid (eg, we did not receive your application forms) but if you did not receive any money, please contact the office and they will furnish you with reasons for non-payment. How much tax is deducted from my pay? According to law, a minimum of 25% tax is deductable from all employees who are permanently employed. If you are not permanently employed, your will be taxed according to the tax sliding scales as per SARS. 5. DRESS CODE 4 P a g e
5 What should I wear when working a shift? It is expected of you to be professionally dressed as per the SANC dress-code regulations. Tops: Navy blue or white uniform top / shirt Bottoms: Navy blue pants / skirts Shoes: No slip-ons, Slippers, Crocks or Clocks. 6. IDENTIFICATION CARD Do I get an identification card from Callas? Yes, Callas issues an identification card once your application is successful and a Client Care Consultant will be in contact with you to make arrangements for you to obtain your card. When do I wear my identification card? Your identification card should be worn and visible on every shift worked. What happens if I lose my identification card or my rank changes? You can contact the office and a new identification card will be made at an additional cost of R GRIEVANCE PROCEDURE 7.1 Objective The main purpose of implementing the procedure will be to prevent and resolve conflict in the workplace, to protect the interest of management and the employees and to recognise the rights of an employee. 7.2 Intention The parties agree that it is to their mutual interest to observe a grievance procedure by which issues arising between them can be resolved It is the intention of both parties that grievances can be resolved as soon as possible and within set time limits Employees have the right to be accompanied by a representative (i.e. a fellow employee) of their choice at any stage. Both the employee and the employee s representative are free to submit a grievance without prejudice whatsoever regarding employment conditions and without fear of victimisation. 5 P a g e
6 7.3 Procedure Step An employee who has a grievance must first report such a grievance to his / her supervisor (first reporting level) and discuss the matter with him / her on an informal basis. The employee may be accompanied by a co-employee if he / she so wishes. (This is submitted without prejudice by the employee concerned.) In the event of the grievance not being resolved during these discussions, the employee must inform his / her supervisor that he / she wishes the matter to be treated as a formal grievance by completing a grievance form in writing The supervisor must, to the best of his / her ability:- (i) Listen to the employee in private; (ii) Encourage the employee to express his / her grievance freely and openly; (iii) Obtain all relevant facts about the grievance (distinguishing facts from opinion) The supervisor must endeavour to resolve the grievance as speedily as possible and resolve this within, at most, three working days In the event of the grievance not being resolved by the supervisor, Step 2 becomes effective, and the supervisor must advise the employee of the subsequent stages of the procedure and of the employee s right to seek the assistance of a representative Step If the employee elects to proceed with his / her grievance he / she must, with the assistance of his / her representative, record the relevant details on the grievance form The signed form must be handed to the supervisor, who must record his / her findings on the grievance form and return it to the employee If the employee is not satisfied with the outcome, he / she may proceed to Step Step The employee will hand the grievance form to the departmental manager, who shall hold an enquiry into the matter within four (4) working days The enquiry shall be attended by the departmental manager, the supervisor, the employee and his / her representative. A record of the enquiry must be kept The departmental manager must give his / her decision withing one working day of the enquiry The departmental manager s decision must be recorded on the grievance form and a signed copy handed to the employee If the employee is not satisfied with the outcome, he / she may proceed to Step Step The employee will hand the grievance form to a director who shall hold an enquiry into the matter within four (4) working days of receipt thereof The director must give his / her decision within one working day of the enquiry The director s decision must be recorded on the grievance form and a signed copy handed to the employee If the employee is still not satisfied with the outcome, he / she may proceed to Step Step The employee may refer the matter to the CCMA / Bargaining Council. 6 P a g e
7 7.4 The role of Participants in the Grievance Procedure The role of management Encourage the employee to express his / her grievances freely and openly Clarify the grievance with the employee Distinguish fact from opinion Note the relevant facts relating to the grievances Ask the employee what settlement is desired Verify facts from witnesses and other people that may be able to contribute Obtain assistance from other members of management if necessary Seek acceptance to the decision to resolve the grievance from the employee in writing Monitor adherence to the grievance procedure by all participants at all times The role of the employee representative Listen to the employee s grievance and encourage the employee to express his / her grievance freely and openly without fear of victimisation or intimidation Investigate, together with the employee, his grievances to ensure that the circumstances and the facts relating to the grievance are accurate and assist the employee to prepare a reasonable case for presentation to management Counsel the employee as to whether his / her grievance is valid or not and if it does not merit management s attention to assist the employee by advising how best he / she can resolve his / her grievance. 8. DISCIPLINARY CODE It is required of the manager in question (in case of informal discipline) or the chairperson (in case of formal discipline) to apply his / her mind to the circumstances of each case in order to determine an appropriate sanction, even if it means a deviation from this code. Examples of offences which may lead to penalties such as dismissal, verbal, writer or final written warnings are set out below. The suggested sanctions are guidelines on: a. OFFENCES RELATING TO ABSENTEEISM AND OTHER TIMEKEEPING OFFENCES 1. Leaving company premises or place of duty while scheduled for duty, without authorisation. First offence: Second offence: Third offence: 2. Loitering in the cloak-rooms or First offence: on company premises while on Second offence: duty. Third offence: 3. Absent from work without valid First offence: reason / no show when booked Second offence: to work. Third offence: 4. Absent from work for two or First offence: more working days without valid Second offence: reason. Third offence: Written Warning Written Warning Written Warning Written Warning 7 P a g e
8 5. Failing to report your absence to the company at earliest possible opportunity. 6. Failing to produce a medical certificate when required. 7. Failing to report for overtime work when agreed to do so or when scheduled, without a valid reason. 8. Bad timekeeping such as late coming or leaving work early. 9. Fraudulent timekeeping and claiming payment before shifts has been worked. First offence: Second offence: First offence: Second offence: First offence: Second offence: First offence: Second offence: Third offence: Fourth offence: First offence: Verbal warning and / or Counselling Written warning b. OFFENCES RELATING TO WORK ETHIC AND EMPLOYEES WORK OBLIGATIONS 10. Negligence in carrying out duties. As general rule, dismissal will not be an appropriate sanction for a first offence This means that the employee failed to exercise the of negligence. standard of care that could reasonably be expected of him/her in circumstances where a similarly qualified In those case where the actual or employee would have exercised a higher standard of potential consequences are found to be care to prevent such consequences or potential serious, dismissal may be warranted. consequences. The seriousness depends on persistence and / or nature and context of the act or omission. 11. Insubordination As general rule dismissal will be an appropriate sanction. (based on the This means the failure / refusal to obey a lawful and evidence and taking circumstances in reasonable instruction. account.) 12. Insolence As general rule dismissal will be an appropriate sanction. This may be impudence, cheekiness rudeness, disrespect. 13. Refusal and / or failure to comply with company As general rule dismissal will be an procedures of a serious nature. appropriate sanction. 14. Sleeping on duty or relaxing or behaving in such a way As general rule dismissal will be an that the employee could not possibly have been appropriate sanction. concentrating on his / her duties. 15. Failing to comply with First offence: Written Warning company procedures Second offence: Third offence: (in certain environments, such as nursing and where employees work with money, non-compliance with procedures may be found to be serious and may lead to 8 P a g e
9 16. Driver, deviating from specified route, picking up hitchhikers or transports unauthorised personnel or goods. dismissal for a first transgression.) As general rule dismissal will be an appropriate sanction. c. OFFENCES RELATING TO COMPANY PROPERTY AND ASSETS 17. Intentional damage to company, visitors, suppliers, patients or employees property or loss of company property. 18. Poor maintenance or neglect of equipment, material, vehicles or any company property. Sanction: As general rule, dismissal will not be an appropriate sanction for a first offence. In those cases where the poor maintenance or neglect of equipment is gross or serious in that, for example, it is persistent and / or deliberate, dismissal may be warranted. 19. Driving a company vehicle without authority. Sanction: As general rule, dismissal will not be an appropriate sanction for a first offence of driving a company vehicle without authorisation. In those cases where the conduct of the employee is gross or serious, in that, for example, it is persistent and / or deliberate, dismissal may be warranted. 20. Reckless or negligent driving of a company vehicle on or off company premises. This will also include negligent driving on company premises in personal vehicle. This means that the employee failed to exercise the standard of care while driving a company vehicle that could reasonably be expected of him / her. The seriousness depends on persistence and / or nature and context of the act or omission Sanction: As general rule, dismissal will not be an appropriate sanction for a first offence of negligence or reckless driving. In those cases where the actual or potential consequences are found to be serious, dismissal may be warranted. 21. Excessive personal use of company telephones, or internet. - Refer to the Company s / internet policy. Each unit / department s line manager will determine guidelines as to what constitutes excessive use depending on the nature of business of that department / unit. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence of excessive personal use of company telephones, or internet without authorisation. In those cases where the conduct of the employee is gross or serious, in that, for example, it is persistent and / or deliberate, dismissal may be warranted. 22. Using company property for personal purposes without written authority. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence of using company property for personal use without authorisation. In those cases where the conduct of the employee is gross or serious, in that, for example, it is persistent and / or deliberate, dismissal may be warranted. 23. Using company property for the distribution or accessing of offensive material or information. Refer to the Company s / internet policy. 24. Accepting or giving or taking steps to acquire or give gifts or money from or to a supplier, client, employer or their agent without prior authorisation. 25. Disclosing company records or information of a confidential nature without authorisation. 26. Industrial espionage or bribery. 9 P a g e
10 27. Failing to report damage to company property, employees, patients or visitors property immediately. Sanction: As general rule, dismissal will not be an appropriate sanction for a first offence. In those cases where the poor maintenance or neglect of equipment is gross or serious in that, for example, it is persistent and / or deliberate, dismissal may be warranted. d. OFFENCES OF DISHONESTY 28. Dishonesty is defined as any conduct which shows the intention to deceive. Sanction: As general rule, dismissal will be appropriate. NB: Below is a list of examples of conduct that may be seen as dishonest by the employer. This list should not be seen as obliging the employer to charge the employee with specific conduct as mentioned on the list. The employer may simply choose to charge the employee with the offence of dishonesty. Act of dishonesty may include any of the following: Theft defined as the appropriation of movable property with the intent to permanently deprive the person entitled to possession of such property. Fraud an intentional misrepresentation that either causes actual prejudice to another or is potentially prejudicial to another. Conspiracy, attempted theft, attempted fraud, forgery or giving false or misleading statements to the company or to patients, suppliers, employees or persons having dealing with the company. Falsification of records / documents. Misappropriation of company property: to appropriate wrongly or dishonesty or to misuse or use for not intended to be used for, to embezzle. Changing a medical certificate or using a false medical certificate. Fraudulent timekeeping, such as clocking via another employee or allowing another employee to clock one in, including via the Agency. Removal of company property without authority from the company. Being in possession of company property without authorisation. Theft or fraud from or in respect of a fellow employee, patient, supplier or visitor. Working at another hospital during a period of sick leave. Working for another employer / hospital on the same day after having already worked more that 8 hours. Any other dishones conduct which is conduct with the intention to deceive. e. OFFENCES TO THE PERSON OR DIGNITY OF A FELLOW EMPLOYEE OR ANY OTHER PERSON THE EMPLOYEE COMES IN CONTACT WITH IN THE COURSE OF HIS / HER WORK. 29. Abusive or insulting language, signs or behaviour. Sanction: As general rule, dismissal will not be an appropriate sanction for a first offence. In those cases where the poor maintenance or neglect of equipment is gross or serious in that, for example, it is persistent and / or deliberate, dismissal may be warranted. 30. Promoting or engaging in racist incitement or being racially abusive or engaging in discriminatory behaviour based on sex, creed, political beliefs, sexual orientation or the like, including jokes of this nature. 31. Harassment, including sexual harassment, unsolicited sexual behaviour, innuendo, suggestion or gesture and other inappropriate behaviour of a sexual or discriminatory nature. 10 P a g e
11 32. Threats to employees, patients, suppliers or visitors. 33. Assaulting a person or fighting with any person on company property. f. THE OFFENCE OF INTIMIDATION 34. Intimidating or inciting employees, patients, suppliers or visitors, also including intimidation of employees in respect of unlawful work stoppages. g. OFFENCES RELATING TO HEALTH AND SAFETY 35. Creating or causing or allowing any condition or situation at work that did or could endanger the general safety or health of employees or other persons. Sanction: As general rule dismissal will not be an appropriate sanction for the first offence. In those cases where the conduct of the employee is gross or serious in that, for example it is persistent and / or deliberate and / or creates or created a serious risk or led or could have led to serious injury, dismissal may be warranted. 36. Failure to use protective clothing and / or equipment when required by legislation and / or Company Policy. (With good reason, the First offence: Second offence: Third offence: Written Warning sanction may be deviated from) 37. Smoking in a non-smoking area Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of smoking in a non-smoking area are found to be serious, dismissal may be warranted. The seriousness depends on persistence and / or nature and context of the act. 38. Failing to immediately report an accident or injury on duty. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of failing to immediately report an accident or injury on duty are found to be serious, dismissal may be warranted. The seriousness depends on persistence and / or nature and context of the act. h. ALCOHOL OR DRUG-RELATED OFFENCES 39. Under the influence of alcohol or drugs on company premises or while on duty. Sanction As general rule dismissal will not be an appropriate sanction for a first offence. *Where dependency is found, the incapacity process should be followed. 40. In possession of alcohol or drugs not prescribes to the possessor on company premises or while on duty. Sanction As general rule dismissal will not be an appropriate sanction for a first offence. 41. Unlawful distribution of alcohol or drugs on company premises i. POSSESSION OF DANGEROUS WEAPONS 42. Being in possession of a firearm or dangerous weapon on company premises or while on duty, unless authorised in writing by the Company. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of being in possession of a firearm or dangerous 11 P a g e
12 weapon on company premises are found to be serious, dismissal may be warranted. The seriousness depends on persistence and / or nature and context of the act. j. BREACH OF COMPANY SECURITY MEASURES 43. Failing or refusing to submit to a security search. 44. Being present in an area in which the employee is not permitted. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of being in an unauthorised area are found to be serious, dismissal may be warranted. The seriousness depends on persistence and / or nature and context of the act. k. GENERAL OFFENCES 45. Breach of confidentiality, whether in respect of information regarding or belonging to the company or its patients and Clients, which may include medical reports, personal information or in general for personal gain. 46. Distributing notices, posters ect. without authorisation and / or which may be contrary to the interests of the company or distasteful, or removing or altering company notices without the company s written permission. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of distributing the notices, posters, ect. are found to be serious, dismissal may be warranted. The seriousness depends on the nature and context of the act. 47. Abuse of company privileges e.g. telephone, internet, , credit card. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of abuse of company privileges are found to be serious, dismissal may be warranted. The seriousness depends on persistence and / or nature and context of the act. 48. Unauthorised statements or comments to the press or third parties regarding the Company. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of the unauthorised statements or comments to the press or third parties are found to be serious, dismissal may be warranted. The seriousness depends on the nature and context of the act. 49. Improper conduct / conduct unbecoming and / or bringing the company s good name in disrepute. This includes conduct which leads to or may lead to prejudice of: a) the good name or reputation of the company; and b) the good running and administration of the business or service delivery of the Company. Sanction: As general rule dismissal will not be an appropriate sanction for a first offence. In those cases where the actual or potential consequences of the improper conduct are found to be serious, dismissal may be warranted. The seriousness depends on the nature and context of the act. 50. Any action which may damage the trust relationship implied by the contract of employment. Sanction: As a general rule, dismissal will be an appropriate sanction for a first offence. 9. PATIENT S RIGHTS 12 P a g e
13 9.1 Healthy and safe environment Everyone has a right to a healthy and safe environment that will ensure their physical and mental health or well-being, including adequate water supply, sanitation and waste disposal, as well as protection from all forms of environmental danger, such as pollution, ecological degradation or infection. 9.2 Participation in decision-making Every citizen has the right to participate in the development of health policies, whereas everyone has the right to participate in decision-making on matters affecting one s own health. 9.3 Access to Health Care Everyone has the right to access to health care services that include Receiving timely emergency care at any health facility that is open, regardless of one s ability to pay; Treatment and rehabilitation that must be made known to the patient to enable the patient to understand such treatment or rehabilitation and the consequences thereof; Provision for special needs in the case of newborn infants, children, pregnant woman, the aged, disabled persons, patients in pain, persons living with HIV or AIDS patients; Counselling without discrimination, coercion or violence on matters such as reproductive health, cancer or HIV/AIDS; Palliative care that is affordable and effective in cases on incurable or terminal illness; A positive disposition displayed by health care providers that demonstrates courtesy, human dignity, patience, empathy and tolerance; Health information that includes information on the availability of health services and how best to use such services and such information shall be in the language understood by the patient. 9.4 Knowledge of one s health insurance / medical aid scheme A member of a health insurance or medical aid scheme is entitled to information about that health insurance or medical aid scheme and to challenge, where necessary, the decision of such health insurance or medical aid scheme relating to the member. 9.5 Choice of health services Everyone has a right to choose a particular health care provider for services or a particular health facility for treatment, provided that such choice shall not be contrary to the ethical standards applicable to such health care provider of facility. 9.6 Treated by a named Health Care Provider Everyone has a right to know the person that is providing health care and, therefore, must be attended to by only clearly identified health care providers. 9.7 Confidentiality and Privacy Information concerning one s health, including information concerning treatment may only be disclosed with informed consent, except when required in terms of any law or any order of court. 9.8 Informed Consent 13 P a g e
14 Everyone has a right to be given full and accurate information about the nature of one s illnesses, diagnostic procedures, the proposed treatment and risks associated therewith and the costs involved. 9.9 Refusal of Treatment A person may refuse treatment and such refusal shall be verbal or in writing, provided that such refusal does not endanger the health of others A Second Opinion Everyone has the right on request to be referred for a second opinion to a health provider of one s choice Continuity of Care No one shall be abandoned by a health care professional who or a health facility which initially took responsibility for one s health without appropriate referral or hand-over Complaints about Health Services Everyone has the right to complain about health care services, to have such complaints investigated and to receive a full response on such investigation. 10. NURSES RIGHTS In carrying out his/her duty to patients, the nurse operates within the ethical rules governing the profession and his/her career scope of practice. The confirmation of the rights of the nurse is therefore not an end in itself, but a means of ensuring improved service to patients. To enable the nurse to provide safe, adequate nursing, he/she has the right to: 1. practise in accordance with the scope which is legally permissible for his/her specific practice; 2. a safe working environment which is compatible with efficient patient care and which is equipped with at least the minimum physical, material and personnel requirements; 3. proper orientation and goal-directed in-service education in respect of the modes and methods of treatment and procedures relevant to his/her working situation; 4. negotiation with the employer for such continuing professional education as may be directly or indirectly related to his/her responsibilities; 5. in the case of a registered person, equal and full participation in such policy determination, planning and decision-making as may concern the treatment and care of the patient; 6. advocacy for and protection of patients and personnel for whom he/she has accepted responsibility; 7. conscientious objection, provided that: 7.1 the employer has been timeously informed in writing 14 P a g e
15 7.2 it does not interfere with the safety of the patient and/or interrupt his/her treatment and nursing; 8. refuse to carry out a task reasonably regarded as outside the scope of his/her practice and for which he/she has insufficient training or for which he/she has insufficient knowledge or skill; 9. not to participate in unethical or incompetent practice; 10. written policy guidelines and prescriptions concerning the management of his/her working environment; 11. refuse to implement a prescription or to participate in activities which, according to his/her professional knowledge and judgement, are not in the interest of the patient; 12. have disclosed to him/her the diagnosis of patients for whom he/she accepts responsibility; 13. a working environment which is free of threats, intimidation and/or interference; 14. a medical support or referral system to handle emergency situations responsibly. In addition to the above, the nurse is entitled to his/her rights in terms of the Constitution of the Republic of South Africa and relevant labour legislation; provided that the exercising of such rights does not put at risk the life or health of patients. Nurses Pledge of Service I solemnly pledge myself to the service of humanity and will endeavour to practise my profession with conscience and with dignity. I will maintain, by all the means in my power, the honour and noble tradition of my profession. The total health of my patients will be my first consideration. I will hold in confidence all personal matters coming to my knowledge. I will not permit consideration of religion, nationality, race or social standing to intervene between my duty and my patient. I will maintain the utmost respect for human life. I make these promises solemnly, freely and upon my honour. 15 P a g e
16 Notes: 16 P a g e
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