GRINDROD LIMITED//Policy Disciplinary

Transcription

1 Document number HRSOP004 Revision number 01 Issue date July 2017 Author name Thabo Moabi Approval HR Forum

2 02 CONTENTS 1 Purpose 04 2 Scope 04 3 Policy process 04 4 process 04 5 action records 04 6 Types of sanctions 04 7 procedure 05 8 code 05 9 The disciplinary code 06

3 03 DOCUMENT APPROVAL Name Designation Date Compiled Gerald Lubbe Employee relations manager July 2017 Reviewed Thabo Moabi Group HR manager July 2017 Approved DISTRIBUTION Designation Controlled copy number REVISED RECORD Revised number Date of change Page number Description of change

4 04 1 Purpose The Policy outlines Grindrod s approach to fairly address unacceptable employee behaviour such that the Company s conditions of employment, regulations and statutory requirements are followed and maintained. 2 Scope The provisions of the group s Policy apply to all employees of business entities within Grindrod. 3 Policy process 3.1 Helps to ensure that all employees are treated in a fair and consistent manner. 3.2 Defines the core and common types of misconduct which may result in disciplinary action and is not an exhaustive list. 3.3 Generally applies to offences committed at the workplace and within working hours. Certain conduct and behaviour outside Grindrod s premises or outside working hours may attract disciplinary action by Grindrod. 3.4 In instances where the misconduct is not adequately addressed by the code below, the disciplinary Chairman must decide the appropriate sanction within the bounds of the disciplinary procedure, ethos of the code and legislation. 3.5 All cases must be preceded by a disciplinary inquiry, which may be informal if the misconduct is minor, or formal for more serious misconduct. 3.6 Guidelines related to substantive and procedural fairness must be followed. 4 process 4.1 An employee may be represented by a fellow employee of his/her choice, to assist him/her at any stage of this procedure. 4.2 Both the employee and the employer will be entitled to present evidence and to cross question witnesses. 4.3 The employee and employee s representative, as well as the Initiator, should feel free to request advice and assistance from the Human Resources Department who will ensure that the correct procedures are being followed. 5 action records All disciplinary action taken must be recorded on the respective employee s file. Warnings are to remain on file so as to determine potential patterns of ongoing breaches. 6 Types of sanctions 6.1 Verbal warning Verbal warning may be given in cases where, in the opinion of the Manager, the misconduct is of a relatively minor nature, not warranting a written warning. This is an informal warning of which a record is kept. Such reprimands are normally given in private but may be with a witness present to validate that the reprimand was given. 6.2 Written warning Depending on the seriousness of the misconduct, the Manager may give an employee a written warning. The first written warning is considered the first formal disciplinary step against an employee and serves to caution the employee of future disciplinary action that can and shall be taken against him/her in the event of him committing the same or similar breach again. The relevant employee must be provided with such warning on the appropriate form, and the employee must sign acknowledgement thereof. Should the employee refuse to sign, this will be noted on the form, but no action will be taken on the refusal. The warning form will then be forwarded to the Human Resources Department for recording on the employee s personal record and will be treated as confidential. 6.3 Final written warning A final written warning shall be given by the relevant Manager in serious cases of breach of discipline or repeated misconduct or where a first written warning is considered inadequate based on the impact or magnitude of the breach. The employee and senior Manager must sign such warning. A witness must acknowledge the refusal of the accused employee to sign if such an instance occurs.

5 05 6.4, suspension, demotion Where an employee commits an offence, or in the case of misconduct which warrants dismissal, a full Inquiry shall be held. as a disciplinary action may only be considered if the employee has committed a breach against their contract or repeated misconduct with a final warning already in existence. Management retains the right to pursue disciplinary action in instances when the offence has only recently come to the fore and occurred historically. Alternatives to dismissal, such as unpaid suspension or demotion, should be reserved only for special or exceptional cases. Guidance should be sought from the Human Resources Department in cases where such alternatives are being contemplated. 7 procedure 7.1 The employee must be advised in writing of the following: The date, time and venue of the inquiry. The details of the alleged misconduct. The right to cross-examine any witness called by Grindrod. The right to call witnesses in defence of the charges of misconduct. The right to be represented by a fellow employee of choice. That, in the event of not attending the disciplinary inquiry, the disciplinary inquiry may be held in his/her absence and an outcome arrived at in his/her absence. The Chairman of the enquiry will be at least at the level of a Manager unless such chairperson is specifically trained and/or qualified to perform the function. 7.2 After having examined all the facts and circumstances, the Chairperson shall arrive at a decision and shall inform the employee and his/her representative thereof. In deciding on an appropriate sanction, the Chairperson shall refer to the Code. 7.3 The minutes to the Enquiry must be in writing and certified by the employee or witness and held by the Human Resources Department for record purposes. 7.4 Following a properly constituted disciplinary hearing, dismissals shall take immediate effect and no remuneration shall be paid out in lieu of notice except where the Divisional Chief Executive and/or relevant designate advises otherwise. 7.5 Grindrod shall give the dismissed employee a certificate of service. 8 code 8.1 The code serves as a guide to Grindrod and is not intended to list every possible instance or variation of misconduct that could be committed. 8.2 Where the code does not in any way adequately address the misconduct committed, the Chairman should decide on an appropriate penalty by using his/her discretion within the spirit and framework of the disciplinary procedure. 8.3 Any misconduct not specifically covered in the code will be dealt with according to the seriousness of the offence, which could result in dismissal for a first offence in certain circumstances. 8.4 The code makes provision for progressive disciplinary actions in each category of offence and is not an exhaustive list of possible offences. 8.5 The disciplinary action prescribed by the code may be deviated from where justified by the particular circumstances of the case. Accordingly, such action may be more severe than the prescribed guideline where aggravating circumstances exist, or less severe where mitigating circumstances exist.

6 06 9 The disciplinary code action Timekeeping offences Late for work or leaving work early without good reason. Verbal Warning Written Warning Unwarranted or unauthorised absence from place of work without good reason. Verbal Warning Written Warning Absence away from work for five (5) or more working days without permission, or without good reason. Extended lunch break or rest periods without permission. Verbal Warning Written Warning Excessive absenteeism. Work output offences Sleeping on duty. Unacceptable work habits / failing to complete a task without reasonable cause. Written Warning Idling, loafing or purposeless activity. Verbal Warning Written Warning Refusal to work. Non-compliance with established procedures or standing instructions. Written Warning

7 07 action Social offences Unfair discrimination on any arbitrary ground. Under the influence of alcohol, or intoxicating drugs at work, or reporting for duty in such a state. Counseling or Unauthorised possession of alcohol or non-medical drugs on work premises. Counseling or Riotous behaviour. Possession / brandishing a firearm or dangerous weapon. Use of abusive and/or derogatory and / or offensive language or signs. Provocation which could lead to assault / fighting. Threat or actual physical violence / assault. Sexual harassment. Intimidation or incitement to violence, victimization. Committing unsanitary acts. Drinking on duty. Supplying / giving or selling to other employees alcohol or intoxicating drugs whilst on company premises. Attitudinal offences Failure or refusal to carry out a reasonable and lawful instruction / Insubordination.

8 08 Gross insubordination, serious disrespect, impudence or insolence. action Other offences Breach of employee s duty of good faith to the company, including disclosure of confidential information, damaging the image / reputation of the company, injury to fellow employee s dignity / honour / good name, unauthorised statements to the media. Willful damage to company/employee materials, equipment, possessions or property. Unlawful possession / wrongful use of company property. Industrial sabotage. Negligence (of any form) / Neglect of duty. Recklessness (of any form). Negligent damage to equipment, material or company property. Gross negligence (of any form). Malicious damage to equipment, material or company property. Injury to others through negligence or horseplay. Unauthorised passengers in company vehicle.

9 09 action Misuse / Improper use of company vehicle. Failing to report an offence committed in an employee s presence. Failure to wear protective clothing or equipment where supplied. Failure to observe security, safety and company rules and regulations. Smoking in a No Smoking area. Being in an out of bounds area without authorisation or without good reason. Driving a company vehicle without authority or without a license. Divulgence of confidential company information. Excessive private use of the telephone. Written Warning Unauthorised acceptance of cash, gifts and / or any other form of remuneration.

10 010 action Desertion of post. Abuse of sick leave. Serious breach of IT Policy (including accessing, viewing, storing and/or distributing unlawful, illegal, pornographic or discriminatory material through use of the company IT systems or networks). Theft / unauthorised possession Theft. Unauthorised possession of company property or property of other employees or customers, clients or suppliers of the company. Theft of company property or of property of other employees or customers, suppliers or clients of the company. Removal of company property or property of another without authorisation. Being in possession of company property or property of another employee upon leaving company premises or upon reaching the clocking out area or security area. Fraud and dishonesty Dishonesty during the course of employment.

11 011 action Deliberately supplying incorrect or falsified information. Fraudulent conduct / gross dishonesty. Fraudulent timekeeping. Fraudulent clocking procedures. Falsifying clock cards, medical certificates or any other documentation. Applying or attempting to apply any company funds for wrongful use. Giving or receiving or attempting to give or receive any bribe. Conducting unauthorised private work during working hours. Misrepresentation. Fraudulent non-disclosure of relevant information. Disclosure of confidential information. Conflict of interest, e.g. making secret profits or working in competition with employer. Security Unauthorised entry / exit to and from company premises. Written Warning Unauthorised possession of company property / confidential information.

12 012 action Industrial action Unprotected (illegal) strike, illegal sympathy, picketing or protesting. Incitement to participate in an unprotected (illegal) strike or other industrial action. Misconduct of whatever nature during a strike or industrial action. Work stoppage without justifiable and / or legitimate reason. Disorderly behaviour Disorderly behaviour. Engaging in indecent or immoral acts. Final Written Warning Final Written Warning Distribution without authorisation of literature or communications of any kind on premises that can lead to conflict or inharmonious relations. Final Written Warning Gambling on company premises. Written Warning Conduct which can lead to inharmonious relations at work / Incompatibility. Final Written Warning