6.

DICIPLINARY CODE

6.1 Introduction

a) This document is an expression of SBCGT’s policy on discipline and a

guide to all company employees.

b) Discipline is a system designed to promote orderly conduct.

c) Formal disciplinary action should be the final course of action in

rectifying employee behaviour.

d) Disciplinary action should be supported through investigation, reasonable

evidence of guilt and careful consideration of the circumstances of each
case before formal action is taken.

e) Disciplinary action should always be prompt, fair and firm.

f) While every attempt has been made to ensure that this Disciplinary Code
is applicable to general disciplinary instances in SBCGT, the requirement
for use of discretion within the framework of and in accordance with the
spirit of the code may be required.

g) A successful disciplinary system and climate is dependant on the good

judgement, understanding and consistent treatment of the parties involved
in disciplinary action.

6.2 Procedure and Documentation

6.2.1 Action of supervisor when an alleged offence has been committed or is

reported to have been committed

When an offence is alleged to have been committed, the Supervisor concerned will
investigate or have the matter investigated, and take any form of the following actions:

a) Dismiss the case;

b) Counsel the employee;
c) Give a verbal warning;
d) Give a recorded warning;
e) Initiate a formal disciplinary enquiry;

6.2.2 Informal disciplinary action

It is desirable for sound interpersonal relations within SBCGT that Supervisor where
possible resolves disciplinary matters by means of informal disciplinary action. Informal
disciplinary action can take the form of either a verbal warning or counselling.
An employee found to have committed an offence of a minor nature should be counselled
by the Supervisor, without an entry being made on the employee’s personal record. The
Supervisor may however, make a record of the counselling session to allow for an
assessment of the employee’s performance record, should this be necessary at the time,
and with the employee’s knowledge and understanding thereof, formulate a plan of
corrective action.

During the counselling, the Supervisor should ensure that the employee is made aware of
the nature of the offence and the standard of the conduct or performance that will be
expected in the future.

6.2.3 Procedure for formal complaints

a) A supervisor handling a formal complaint must investigate the case with

the assistance of the Human Resources Officer, where possible, and ensure
that the relevant sections of the complaint form (Appendix 7) are correctly
completed within 48 hours of the offence having been committed or the
supervisor having been made aware of the fact that an offence has been
committed.

b) A copy of the complaint form should be passed without delay to the

Human Resources Officer who will advise whether:

c) The accused should be suspended pending full investigation (if this has
not already been done);

d) Advise the supervisor on whether to continue with a formal complaint

e) The Complainant and the accused must provide names of all persons who
should be regarded as witnesses as their statements will assist in ensuring
a fair hearing of a case. Where possible, should there be witnesses who
are non-employees, formal statements should be recorded from them as
they may be invited to attend the disciplinary hearing.

6.2.4 Disciplinary Inquiries

The Human Resources Officer will be responsible for the overall application of the code
and should where possible:

a) Advise and guide all participant on the Disciplinary Code;

b) Ensure that the code is applied fairly and consistently in all cases
(procedurally and substantively);
 c) When all documentation pertinent to the matter has been collected, the
Human Resources Officer shall serve the papers on the accused and/or
his/her representative to allow the employee to fully prepare himself prior
to the hearing;

d) The Hearing Chairperson will hear the case within four full working days
of the complaint being lodged – only when further investigate is required
shall this period be extended;

e) The Human Resources Officer will be responsible for arranging a suitable

venue and date for the inquiry, informing all the relevant parties;
informing the accused of his/her rights to representation; informing the
accused of his/her right to appeal against the decision and arranging for all
relevant statements to be taken.

f) The complainant shall be responsible to complete the Complaint form.

Attendance at the Inquiry

The following persons must be in attendance at any hearing inquiry:

a) Hearing Chairperson
b) Complainant
c) Alleged Offender (accused)
d) Representative of alleged offender (if requested by alleged
offender)
e) Witness (as) (as and only when required for the duration of the
testimony)
f) Human Resources Officer.

The Hearing/Inquiry

a) The accused should be given at least 48 hours notice in advance of the

disciplinary hearing (Notice for Disciplinary hearing see Appendix 8),
indicating the date, time and venue of the hearing. In addition, the
responsible person convening the hearing should advise the accused of
his/her right of representation.

b) In the event that the accused alleges that the Hearing Chairperson is
implicated in the case and therefore will not be unbiased, the accused may
request the appointment of an alternative Hearing Chairperson, giving a
full motivation for such a request. The decision whether to appoint
another Hearing Chairperson or not rests with the Human Resources
Officer. Such requests shall however not be unreasonable withheld.
Duties and Responsibilities of the Hearing Chairperson

The Hearing Chairperson shall be any employee on the same level as the direct
supervisor of the Complainant, but not the direct supervisor.

The Hearing Chairperson should not have been privileged to any information pertaining
to the inquiry prior to the inquiry.

Ideally the Chairperson of a disciplinary inquiry will be required to follow the guidelines
below when performing duties of a presiding official:

a) Introduce and identify all present, stipulate the purpose and format of
proceedings;

b) Ensure that the alleged offender has been given sufficient notification of
the inquiry, and that he/she has signed and acknowledged acceptance
thereof. Ensure that the alleged offender has understood his/her employee
rights in this regard;

c) Establish if witnesses are present and if so inform the hearing that they
will be excluded from proceedings once they have led evidence and have
been cross questioned;

d) Should it be established that the accused was not informed of his right to
representation or that the witnesses are not present, the Hearing
Chairperson will adjourn and reschedule the hearing for a later date;

e) Should the accused fail to attend the hearing, the Hearing Chairperson will
establish whether the accused was notified of the date, time and venue of
the hearing. It will be advisable to re-notify all parties to attend the
disciplinary hearing at a later date if notification was not given;

f) If the accused fails to attend a disciplinary hearing, the Hearing

Chairperson should in writing advise the accused of the date, time and
venue of the hearing and advise him that should he fail to attend, the
hearing will proceed in his absence;

g) Should the accused fail yet again to attend and if no prior notification for
his absence was given, he may be deemed to have waived his right to
attend the hearing. The Hearing Chairperson will then decide the case in
 absentia on the facts available and the accused will be informed, in
writing, of the outcome;

h) Having ascertained that the particulars on the complaint form are correct,
the Chairperson will inform the accused of the charge(s) against him/her,
ascertain his/her understanding thereof and the accused will be asked to
plead on the charges;

i) The accused should be permitted to make any further pertinent comments

should he/she wish to do so (whether or not he/she has already made a
written statement);

j) According to the plea entered by the accused, the Hearing Chairperson

must verify all facts and allegations by questioning the accused,
Complainant and any other parties in order to arrive at a decision. Only
information provided in the case documentation pertaining the charge in
question and statements raised during the inquiry will be used as facts
pertaining to the disciplinary inquiry;

k) The Hearing Chairperson will allow the accused, with his/her

representative, the opportunity to express opinions on the case;

l) All witnesses should be called to give evidence and to have such evidence
examined by the hearing Chairperson, the Complainant and the accused
and/or the accuser’s representative;

m) If during the course of the hearing, the Hearing Chairperson finds it

necessary to obtain further information, the case should be adjourned to
allow for further investigation;

n) If the accused wishes further evidence to be submitted, this should be

allowed, provided that the Hearing Chairperson is of the opinion that such
further evidence could be of relevance;

o) Once the Hearing Chairperson is of the opinion that he/she has gathered
sufficient evidence surrounding the case, he/she should request any
witness (as) to leave the room;

p) At this stage the Hearing Chairperson may call for a recess during which
he/she may liase with the Human Resources Officer in order to obtain
further advice and information;

q) The Hearing Chairperson may call a recess at any stage of the proceedings
and may consider any call for a recess by any other party of the inquiry;
 r) Once the Hearing Chairperson is satisfied that he/she is in a position to
make a decision on the guilt or innocence of the accused, he/she will
reconvene the inquiry and inform the accused and his/her representative of
his/her findings. The Complainant and Human Resources Official (where
possible) should be present when the decision of guilt or innocence is
informed.

s) If it is the opinion of the Hearing Chairperson that the accused is not

guilty, he will inform him accordingly and the finding “case dismissed”
will be entered on the Complainant form and the employee’s disciplinary
record will be cleared of any reference to the case;

t) Where an employee is found guilty, the Hearing Chairperson will then

take note of the offender’s record of service, disciplinary record,
mitigating and aggravating circumstances, seriousness of the offence,
consistency of application and any other circumstances he/she may deem
necessary to consider;

u) In all cases, current un-expired disciplinary warnings will be taken into

account when deciding on the appropriate action;

v) Depending on the nature and seriousness of the offence, the whole of the
employee’s disciplinary record may be considered;

w) The Hearing Chairperson will then record the penalty on the complaint
form and inform the offender of the penalty awarded in terms of Section
6.5 and the reasons for arriving at the decision. The Hearing Chairperson
will inform the offender of the period for which the warning will remain
on his/her record as a valid entry. The Hearing Chairperson will also
inform the offender of his/her right to appeal in terms of Section 6.6 of
this code;

x) With regard to corrective action, the Hearing Chairperson will, in liaison

with the immediate Supervisor, the employee and/or representative, and
the Human Resources Officer; formulate an action plan to address the
required change in behaviour. The employee will be required to assist in
this process and make proposals in this regard. The aim is to ensure that
the process of correcting unacceptable behaviour is addressed objectively
and amicably;

y) Request the employee to acknowledge the disciplinary action proposed.

Should the employee opt not to sign, a witness should be requested to
acknowledge that the details of the inquiry have been communicated to the
accused.

Recording of Proceedings
 a) It is in the interest of SBCGT and the individual that all proven offences
and subsequent disciplinary action be accurately recorded.

b) The Chairperson will ensure that all other required administrative details
on the complaint form are completed before forwarding the document to
the Human Resources Officer for overall review and control.

c) Statements, Complainant forms and other disciplinary records will be

retained by the Human Resources Officer as these may be required even
after an employee has left SBCGT’s services.

d) The Human Resources Officer will be responsible for the input of

disciplinary penalties on employee’s personal files.

6.3 Special Cases

Suspension

a) An employee may be suspended from work immediately if he/she has

allegedly committed or is allegedly involved in any one of the following
offences:

 Assault/attempted assault
 Desertion
 Sleeping on duty
 Negligent loss, driving, damage or misuse of company property
 Abuse of electronic/data facilities
 Sexual Harassment
 Fighting
 Riotous Behaviour
 Alcohol and drug offences
 Wilful loss, damage or misuse of company property
 Theft/Unauthorised possession of company property
 Breach of Trust
 Offences related to dishonesty
 Offences related to Industrial Action
 Any act or omission which intentionally endangers the health or
safety of others, or is likely to cause damage to Company property
 Interference with disciplinary and/or grievance investigations
 Abusive or provocative language (when it is likely to cause a
disturbance)
 Insubordination (if the situation shows signs of getting out of
control)
 Persistent refusal to obey instructions.
  In certain instances the Supervisor will recommend that the
offender be removed from the work place pending investigation of
the case. He/she will take immediate steps to report the matter to
his/her immediate Supervisor, who will raise the matter with the
CEO. Irrespective of the outcome, the employee will be paid for
days he/she was suspended;
 It is mandatory to liase with the Human Resources Officer prior to
suspending an employee in order to endure that the suspension is
procedurally and substantively fair.

Poor Work Performance

Cases involving substandard or deteriorating work performance are to treat differently

from those regarded as transgressions of misconduct.

The following guidelines should be considered when dealing with such cases. An
attempt should be made to resolve alleged poor work performance by means of
counselling the individual involved. Where poor the supervisor identifies work
performance, the following procedural action should be considered:

a) Investigate and identify the problem area(s)

b) Communicate this to the individual concerned, and jointly agree on the

appropriate plan of action in order to resolve the matter. If deemed
necessary and relevant, norms should be established by arranging
appropriate task lists and the time duration allowed for the completion of
each task;

c) Consideration should be given to the appointment of a coach or mentor to

assist the employee to improve performance;

d) Accurately minute the agreed contents of any agreement put in place and
provide the Human Resources Officer with a copy for record keeping
purposes;

e) Regular evaluation and follow up on the agreed plan of action should be

made;

f) Should counseling fail to produce the desired improvement, alternative

action should be considered in liaison with the Human Resources Officer.
Alternative action could include, but is not limited to, termination of the
employment contract on the grounds of incapacity, demotion or a transfer
to an alternative position. The employee, throughout this process, will be
entitled to representation.
6.3 Offences outside normal working hours

SBCGT reserves the right to take any action it may deem appropriate against employees
who are, in the opinion of SBCGT, guilty of gross misconduct not merely in their
working situations. This is particularly so where the nature of the misconduct may affect
the employment relationship with any other party. Actions that directly relate to the
nature of the business are also liable for disciplinary action.

Court Actions

Where an employee has been criminally charged or legal action has been instituted for an
employment – related breach, SBCGT reserves the right to take disciplinary action
against the employee for the alleged offence, in terms of this Code.

6.4 Classification of Offences:

Offences are classified into five major categories.

6.4.1 Absenteeism
6.4.2 Offences related to Control at Work
6.4.3 Offences relating to indiscipline or disorderly behavior
6.4.4 Offences related to dishonesty
6.4.5 Industrial Action

6.4.1 Absenteesim

Absenteeism in the disciplinary context means being absent from work for an entire
working shift, or part thereof, without the expressed permission from a direct supervisor.

A sanction of dismissal can apply for the first offence of being absent without permission
provided that the employee was absent for three continuous working days without a valid
reason.

a) Absent without leave;

b) Desertion: Leave the work place without intending ever to return; leave
without help or support; abandon; leave without authority or permission.

6.4.2 Offences related to Control at Work

a) Poor Time Keeping and related offences

a) Reporting late for work

b) Leaving work early
c) Extended or unauthorised breaks during working hours
d) Persistently committing all or any of the above.
b) Sleeping on duty

Any employee who is found asleep on duty, whether or not such an action constitutes a
hazard to the safety and health of the offender or others or leads to damage to Company
property, shall be deemed guilty of an offence.

c) Negligent Loss, Driving, Damage or Misuse of Company property

a) Negligent loss of Company property: any act whereby an employee,

through carelessness or negligence, loses Company property or is unable
to account for it satisfactorily.

b) Negligent driving; driving a company owned or rented vehicle without due

care, whether such an act results in an accident or not.

c) Negligent damage to Company property: any act whereby an employee

through carelessness or negligence causes or allows Company property to
become damaged.

d) Misuse of Company property: using Company property for a purpose

other than that for which it was intended.

d) Unsatisfactory Work Performance

a) Carelessness: Performance of a task or duty without the exercise of due

care an attention.

b) Negligence: failure to exercise proper care and regard to the manner of

discharging duty to the extent that tasks have to be repeated or equipment
or persons are at risk of damage or injury.

c) Inefficiency: failure to carry out work at the required standard or failure to

complete tasks within the given reasonable time limits, without reasonable
cause. This includes poor supervision.

d) Loafing: passing time idly or failing without reasonable cause to complete

tasks set.

6.4.3 Offences Related to Indiscipline or disorderly behavior.

a) Disobedience and related offences

a) Refusing to obey an instruction: deliberate refusal to carry out a lawful

and/or reasonable instruction given by a person in authority and within
the area of his jurisdiction.
 b) Failing to obey an instruction: failure to obey a lawful instruction given
by a person in authority and within the framework of his/her jurisdiction.

c) None-compliance with established procedure / standing instructions:

failure to follow establish procedures.

d) Abuse of electronic / Data facilities: excessive use / abuse of e-mail and

communication facilities; storage and/or transmission of material of
discriminatory nature; storage and/or transmission of pornographic
material; unauthorised monitoring and interception of electronic
documentation.

6.4.3.1 Abuse and related offences

a) Abusive Language:

The uttering of any words or the publication of any writing expressing or showing hatred,
ridicule or contempt for any person or group of persons.

The offence I more serious when it is wholly or mainly because of his/her/their

nationality, race, colour, ethnic origin, sex, marital status, religion, creed, political
opinion, social or economic status, degree of physical or mental ability, sexual orientation
or culture.

b) Insubordination:

Insolence towards a superior shown by action or words.

6.4.3.2 Disorderly behaviour and related offences

a) Disorderly behaviour:

Indulging in rough or unruly behaviour or practical jokes whether or not such behaviour
endangers the safety or health of others or the smooth running of the work place.

b) Threatening violence:

Threatening to do physical injury to any other person.

c) Fighting:

Physical contact between two or more persons, engaging in or inciting a group of persons
to indulge in disorderly behaviour or wilfully to damage Company property.

d) Riotous behaviour:
Unruly behaviour between two or more persons, engaging in or inciting a group of
persons to indulge in disorderly behaviour or wilfully to damage Company property.

e) Sexual Harassment:

Any unwanted or unwelcome sexual advances, requests for sexual favours and other
verbal or physical conduct of a sexual nature when submission to or rejection of this
conduct explicitly or implicitly affects an individual’s employment, causes unreasonable
interference with an individual’s work performance or creates an intimidating, hostile or
offensive work environment.

f) Discrimination:

Any act whereby an employee discriminates against any other employee or group of
employees on the grounds of nationality, race, colour, ethnic origin, sex, marital status,
religion, creed, political opinion, social or economic status, degree of physical or mental
ability, sexual orientation or culture.

Willful loss, damage or misuse of Company property

Willful loss: any act whereby an employee willfully or deliberately loses or causes
Company property to be lost.

Willful damage: any act whereby an employee willfully or deliberately damages, or

allows or causes damage to Company property.

Willful misuse: any act whereby an employee willfully or deliberately misuses Company
property.

6.4.5 Offences Related to Dishonesty

Disciplinary cases involving the following offences must be reported to the Human
Resources Officer.

Bribery or Corruption

Giving or receiving or attempting to give or receive any bribe or inducing or attempting

to induce any person to perform any corrupt act.

False Evidence

Deliberately giving untrue, erroneous or misleading information or testimony whether

verbally or in writing.
Forgery and uttering

Falsifying or changing any documentation with fraudulent intent or attempting to do so.

Uttering or attempting to utter fraudulent or false statements or documents.

Misappropriation

Applying or attempting to apply to a wrong use or for any unauthorised purpose, any
funds, assets or property belonging to SBCGT.

Theft of or unauthorised possession of Company property

Stealing or attempting to deprive SBCGT permanently of its rightful ownership.

Being in possession or disposing of Company property without due authorisation.

Fraud

The unlawful making of a misrepresentation with intent to defraud, which causes actual
or potential prejudice to another party.

Breach of Trust

Actions or conduct of an employee that cause a reasonable suspicion of dishonesty or

mistrust and for which there exist extraneous evidence to prove a breakdown in the
relationship of trust between the concerned employee and SBCGT. This will include a
situation where the conduct of the employee has created mistrust, which is
counterproductive to SBCGT’s commercial activities or to the public interest, thereby
making the continued employment relationship an intolerable one.

6.4.5 Industrial Action

Intimidation

Any act by an employee, whether by himself or in concert with other persons (whether or
not such other persons are employees of SBCGT), to intimidate any employee with the
object of compelling him to take part in any strike or other action which interferes with
the normal operations of SBCGT. Intimidation is an offence even if all the procedures
for the settlement of the industrial disputes and grievances and the Law have been
exhausted.

Sabotage
Any deliberate action by an employee that results in the interference with the normal
operations of SBCGT by damaging any machinery, or equipment or by interrupting any
supplies of power, or services necessary to the operations.

Illegal Strike/Lockouts

Participation in any illegal strike action, lockouts, boycott or any other form of work
disruption not in accordance with the applicable statute that constitutions a blatant refusal
to work. Examples of such action include, inter alia, work-to-rule: overtime ban; go-
slow.

Any disciplinary matter referred to in this subsection will not preclude SBCGT from
exercising its common law rights to terminate the employment contract in the case of
illegal industrial action.

6.5 Penalties

Classification of Penalties:

6.5.1 Verbal Warning

6.5.2 Recorded Warning
6.5.3 Severe Warning
6.5.4 Final Warning
6.5.5 Dismissal
6.5.6 Demotion
6.5.7 Transfer
6.5.8 Alternative Penalty to Dismissal

6.5.1 Verbal Warning

Any supervisor may, at any time and at his discretion, reprimand an employee
without completing a complaint form, in which case there will be no entry made
on the employee’s disciplinary record. When a verbal warning if given, the
supervisor must ensure that the employee being reprimanded is made aware of the
existence and function of the Disciplinary Code. A verbal warning is usually
issued where the offence is of a minor nature.

6.5.2 Recorded Warning

Application: This may be given for a repetition of an offence for which an

unrecorded warning has been given, or it may be given for a first offence.
Validity Period: The employee must be informed that the warning will remain in
force for a period of six months.

6.5.3 Severe Warning

Application: Given for a repetition of the same offence or similar offence during
a period when a recorded warning is still in effect, or for a first offence of a more
serious nature.
Validity Period: The employee must be informed that the warning will remain in
force for a period of nine months.

6.5.4 Final Warning

Application: Given for a repetition of the same offence or a similar offence

during a period when a severe warning is still in effect or depending on the nature
thereof, for a first offence of a serious nature. In the case of an employee being
found guilty of an offence of a dissimilar nature within the prescribed period, the
hearing official may, at his discretion, issue a comprehensive final warning on the
understanding that if any offence is committed within the next 12 months, it will
render him liable for dismissal.
Validity Period: A final warning is effective for a period of twelve months. The
employee is advised in writing by the official hearing the case of the period
applicable and reminded that a repetition of the offence or the committing of any
similar serous offence within the prescribed period will render him liable for
dismissal. A copy of the notice shall be forwarded to the Human Resources
Department.

6.5.5 Dismissal

Application: Dismissal is the final sanction and should be used:

 when other forms of disciplinary action have failed;

 when an employee on a final warning commits a serous offence;
 when the offence committed is of such a serious nature that it amounts
to a serous breach or repudiation of the employee’s contractual
obligations;
 in cases relating to dishonesty e.g. theft, fraud or corruption;
 in the case of any employee who is absent from work without
permission for a period of three continuous working days or more. In
this case the employee will be dismissed in absentia after the third day
if no reason for such absence is receive. Should the employee return
to work after he has already been dismissed, he may request that the
case be re-opened?

Once an employee has been dismissed in accordance with the procedure

contained in this Code, under no circumstances will he be considered for re-
employment should he re-apply at a later stage. If it is discovered that a
dismissed employee has obtained re-employment with SBCGT either
inadvertently or through deception, his services will be terminated immediately.
 6.5.6 Demotion

Demotion is not an acceptable corrective action and is therefore, not used as a

punishment for a specific offence. It is used only where the employee is unable to
meet the requirements of his present job but is suitable for continued employment
in a lower capacity.

6.5.7 Transfer

Transfer is not permitted as a tool for disciplining employees. A transfer shall

only be effective in terms of SBCGT’s Conditions of Employment and Service.
Transfer, as the result of the outcome of a disciplinary action, will be considered
in special circumstances.

6.5.8 Alternative Penalty to Dismissal

A comprehensive final warning may be considered at the discretion of the

Hearing Chairperson as an alternative penalty to dismissal in instances where an
employee is found guilty of an offence of a dissimilar nature to a valid final
warning on his personal record.

The sanctioning of a comprehensive final warning will only be considered in

circumstances warranting corrective action and liaison between the Hearing
Chairperson and the Human Resources Officer is encouraged before such a
penalty is imposed.

A comprehensive final warning will be valid for twelve months from the date of
the imposed penalty.

The Role of the HR Officer

The maintenance of workplace discipline is strictly a function of line management.

Human Resources Officer should be available to assist line management where required.
As far as possible, the Human Resources Officer should, in consultation with the official
chairing hearing, ensure that disciplinary action taken is procedurally and substantively
fair.

The Human Resources Officer should be available to advise and assist all employees on
all disciplinary matters.

The Human Resources Officer must not impose penalties, nor hear appeals in respect of
own subordinates or immediate Supervisors.

The Human Resources Officer is responsible for:

  Ensuring that the complaint form properly identifies the offence and is
otherwise correctly completed
 Ensuring that the alleged offender is aware of the charges against him/her
 Interviewing and taking statements from the Complainant, accused and any
witness
 Investigating the domestic circumstances of the alleged offender, when
necessary
 Ensuring that all facts are collated marshalled and presented without bias.
 Advising the Complainant, accused, witness (as) and representative of their
roles and rights
 Ensuring that documentation pertaining to the hearing is forwarded to the
appropriate officials
 Advising the accused and his representatives of progress made for cases that
are pending or in recess.

The Human Resources Officer may at his/her discretion recommend that a concluded
disciplinary case be reopened in instances where gross non-compliance to the
Disciplinary Code is evident.

The Role of the Representative

Any employee, against whom formal disciplinary proceedings are held may at his
request, be accompanied at the initial and any subsequent hearing by a colleague from the
same working section, or in the case of an employee who is represented by a properly
constituted consultative committee, by a member of such a committee. An employee
who is a Union member may be represented by the appropriate Part-time or Full-time
Shop Steward, in accordance with the provisions of the Recognition and Procedural
Agreement between SBCGT and Union. Legal representation or representation by non-
Company persons during internal Company enquiries is not permitted.

The representative has no right to insist on the employee being accompanied if he does
not wish it; that is, a representative will attend a disciplinary hearing only at the request
of the employee. He will be invited to comment on the evidence.

The representative may ask question and cross-question during the disciplinary hearing,
but may not give evidence during such hearings.

The representative may make submissions to the hearing official on the guilt or otherwise
of the accused prior to the hearing official making his finding. He may also make
submissions to the hearing officials on the mitigating factors to be considered and on the
penalty to be imposed.

Should the representative’s comments at the hearing be of such a nature as to warrant re-
consideration of certain matters or further investigations, time should be allowed for this
and, if necessary, the enquiry recessed.
6.5.9 Dismissal Procedure

a) A direct Department Manager may recommend that an employee be

dismissed.

b) For the purpose of the dismissal procedure, a direct Department Manager

is defined as an employee graded D-lower or above who has a supervisory
link to the employee concerned.

c) Following a disciplinary hearing outcome being advised to the employee

who results in the recommendation for a dismissal and the employee
accepts the recommendation; the Hearing Official will refer the case
documentation for review to the relevant Manager for the department
concerned.

d) The relevant Manager will endeavor to review the case within forty-eight
hours/two working days and endorse or reject the recommendation.

e) If the recommendation for dismissal is endorsed, the hearing official shall

refer the recommendation to the Human Resources Officer who will
review the case with the relevant Head of Department.

f) If the recommendation for dismissal is rejected, the case shall be referred

to the Human Resources Officer and the original hearing official.

g) The relevant Manager may sanction the recommendation in writing,

thereby effecting dismissal, or reject it. If the recommendation is rejected,
action 8.6 above shall be applied.

h) The employee shall be notified of the decision verbally by the Hearing

Official. If the employee is dismissed, the employee will be notified in
writing. This notification shall be signed by the relevant Executive
Committee Member.

i) Every employee has the right to appeal against a decision to dismiss

him/her. The appeal procedure will apply as outlined in Section 9.

6.6 Disciplinary Appeal Procedure

6.6.1 Every employee has the right of appeal against any decision which involves any
entry on his/her disciplinary record and which may thus affect his future
employment prospects.

6.6.2 Any employee who wished to appeal against the outcome of any disciplinary
hearing against him/he must notify the Human Resources Officer in writing
 within two days of being notified of the outcome of the disciplinary hearing. The
right of appeal must be based on one or more of the following appeal grounds.

i Dispute of Guilt
ii Severity of Penalty/Mitigating Factors
iii Procedural Inconsistencies
iv New Evidence

6.6.3 Appeals against Verbal, Recorded and Severe Warnings in terms of 7.6.2 (i) and
(ii) may be referred to the official at the level above the official who originally
heard the case. The decision of the Appeal Hearing Official shall be final and no
further appeal level shall be available.

6.6.4 Appeals against recommendations for Final Warnings and Dismissals shall be
heard by the relevant Executive Committee member. If the sanction was
originally imposed by a Manager, the accused may request the Disciplinary
Review Committee to review the case.

6.6.5 Appeals in terms of 7.6.2 (iii) shall be reviewed by the Human Resources Officer
may refer the case back to the original Hearing Official for further investigation
and/or re-hearing, where after the procedure as per 7.6.3 and 7.6.4 above shall
apply.

6.6.6 Appeals in terms of 7.6.2 (iv) shall be heard by the original hearing Officer and
thereafter in terms of 7.6.3 and 7.6.4. The decision as to whether the grounds of
appeal constitute new evidence shall rest with the Human Resources Officer with
the employee representative.

6.6.7 The employee shall be present at the appeal hearing and shall be entitled to a
representative in terms of Section 6 of the Disciplinary Code, except at the
Disciplinary Review Committee level, where the procedure as outlined under
7.6.9 and 7.6.10 shall apply.

6.6.8 The Disciplinary Review Committee shall be chaired by the Operations manager
and shall comprise the Human Resources Officer and Senior representatives of
other Department. .

6.6.9 When an employee requests that his case be referred to the Disciplinary Review
Committee for a review, he may at the same time request that he or his
representative be invited to make representation or motivate his grounds of appeal
in person. The Disciplinary Review Committee shall however review each case
on its own merits and take decisions independently.

6.6.10 The Disciplinary Review Committee shall have the authority to uphold or reduce
a penalty imposed by the Head of Department. It will also have the authority to
impose a more severe disciplinary action should it be found that the offence
 committed warranted a more severe penalty. The Disciplinary Review
Committee may refer a case back to the Head of Department or the Human
Resources Officer for re-hearing or for further investigation.

6.6.11 The decision of the Disciplinary Review Committee will be final and should also
be read in conjunction with 7.6.13. The Human Resources Officer shall inform
the employee of the decision of the Disciplinary Review Committee. In addition,
the Chairperson of the Disciplinary Review Committee will notify the employee
of the decision, in writing.

6.6.12 Should an appeal against dismissal be successful, the employee will be reinstated
retrospectively to the date on which his services were terminated and he will be
advised in writing to return to work. This also applies where an appeal against a
dismissal is reduced to a warning in terms of 7.6.3 (i).

6.6.13 In the event of the dismissal being upheld by the Disciplinary Review Committee,
the dismissal shall be effective from the date of the employee’s services were
terminated by the Head of Department. The Chairman of the Disciplinary Review
Committee shall inform the employee in writing of the outcome of the
Committee’s Review.

6.6.14 It should be noted that the Disciplinary Review Committee, referred to above,
should only have the authority to review disciplinary cases that have been dealt
with by Manager.

Classification of Offences – Guide to Disciplinary Action

Nature of Offence 1st 2nd 3rd 4th

Offence Offence Offence Offence
Absenteeism
Absenteeism SW FW DC
Desertion DC
Offences related to control at work
Poor time keeping VW/RW SW FW DC
Sleeping of duty SW FW DC
Sleeping on duty RW SW FW DC
Negligent loss, driving, damage or misuse of Company property RW SW FW DC
Unsatisfactory work performance RW SW FW DC
Offences related to Indiscipline or Disorderly behaviour
Disobedience & related offences (general) RW SW DC

Abuse and related offences

 Abusive language SW FW DC
 Insubordination SW FW DC
Disorderly behaviour and related offences
Disorderly Behaviour FW DC
Threatening violence FW DC
Assault/attempted assault FW DC
Fighting FW DC
Riotous behaviour FW DC
Sexual Harassment FW DC
Discrimination DC
Alcohol and drug offences
 Intoxication while on duty FW DC
Wilful lose, damage or misuse of Company property FW DC
Offences related to dishonesty
 Bribery or corruption DC
 False evidence DC
 Forgery and uttering DC
 Misappropriation DC
 Fraud DC
 Theft of / unauthorised possession of Company property DC
 Breach of Trust DC
Industrial Action
 Intimidation FW DC
 Sabotage DC
 Illegal strike/lockout FW DC
The schedule of sanctions merely provides a guideline and the following factors shall be
considered when arriving at a decision: Disciplinary record, length of service, position of
employee, any other mitigating or aggravating circumstances raised at the hearing.