hrm: disciplinary code and procedure

DOCUMENT NUMBER ISSUE NUMBER REVISION DATE CLASSIFICATION

AS-HRM-2-006-005 11 2020/02/18 INTERNAL

TITLE: Disciplinary Code and Procedure

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DISCIPLINARY CODE AND PROCEDURE


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1. OBJECTIVES

1.1 In order to provide a safe, healthy and efficient workplace the Company has to ensure the maintenance of good discipline.

1.2 The Disciplinary Code, which includes the grievance and appeal procedures, has been drawn up for the guidance of Managers, representative Unions and Employees to ensure that all knows the consequences of unacceptable conduct and that disciplinary action, when necessary, will be applied in a fair and consistent manner.

1.3 The disciplinary measures provided for in the Disciplinary Code are not intended primarily as punishment, but rather as a tool for correcting unacceptable behaviour. A major objective is to prevent conflict in the workplace and to protect the interests of both the Company and the Employees.

1.4 This Disciplinary Code and schedules thereto is a guideline only and may be deviated from where circumstances necessitate such deviation. Similarly, the offences listed in the schedules attached hereto are not exhaustive and it is foreseen that misconduct may be committed which is not catered for in the schedules.

1.5 The Disciplinary Code is not intended to and does not set out guidance on the termination of employment for reasons other than misconduct such as poor performance, incapacity, retrenchment and industrial action.

2. DEFINITIONS

2.1 “Chairperson” means the Chairperson of a disciplinary hearing, appeal hearing and grievance hearing.

2.2 “Company” means Aerosud Aviation (Pty) Ltd, Aerosud Holdings (Pty) Ltd and Aerosud Technology Solutions (Pty) Ltd.

2.3 “Complainant” means the person appointed and/or mandated by the Company to act as the Complainant in disciplinary and appeal hearings.

2.4 “Day” means any day excluding Saturdays, Sundays, all public holidays and any days during a company shut down period.

2.5 “Disciplinary Code” means this set of guidelines.

2.6 “Dismissal” means the summary termination of employment without any notice.

2.7 “Employee” means any permanent, temporary or fixed term employee of the Company.

2.8 “Employee Representative” means a fellow Employee representing an Employee in a disciplinary enquiry, or appeal hearing, or grievance hearing.

2.9 “Grievance” means a work related problem or a feeling of dissatisfaction on the part of any employee, or a group of employees, concerning an aspect of his employment.

2.10 “HRM” means the Human Resources Manager.

2.11 “Human Resources Representative” means any employee from the Human Resources department.


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2.12 “Witness” means any person who gives evidence at a disciplinary hearing, appeal hearing or grievance hearing.

3. DISCIPLINARY HEARING PROCEDURE

3.1 The Employee shall be notified to attend the hearing. The Employee should be afforded at least two (2) working days to prepare for the hearing.

3.2 All hearings shall be scheduled in such a manner as to avoid any undue disruption to work.

3.3 The Chairperson of the hearing shall be employed on at least the same occupational level than the Complainant and on a higher level than the Employee. The Chairperson of the hearing shall not have been in any way involved in the case.

3.4 It is the responsibility of the Employee to ensure that his representative and witnesses are available on the scheduled hearing date. Postponements due to the non-availability of a chosen Employee Representative or Witnesses shall only be granted in exceptional circumstances.

3.5 Should the Employee fail to attend the hearing without good cause or leaves the hearing before it has been completed, the hearing will take place or continue in his absence and he will be notified of the outcome in writing.

3.6 The Human Resources Representative shall advise all parties on the requirements for a fair hearing and shall be responsible for ensuring that the disciplinary hearing is procedurally and substantively fair.

3.7 Witnesses and Employee Representatives shall be allowed time off to attend disciplinary hearings.

3.8 Cross-examination shall be allowed on any issues related to the alleged offence.

3.9 Statements / affidavits shall not be accepted as evidence without the right of either party to cross-examine the person who made the statement / affidavit, unless the evidence is common cause or it is agreed between the parties that the statement / affidavit may be tendered as evidence. If there are exceptional circumstances that may warrant a deviation from this rule, such as the death of a witness, and the parties to not / cannot agree on the use of the statement / affidavit, the Chairperson of the hearing shall make a ruling on whether the statement / affidavit can be tendered as evidence.

3.10 Legal representation at disciplinary hearings will not be allowed. Should an Employee however request legal representation, an application must be made to the Chairperson for such representation. The Complainant will have an opportunity to oppose such application. After hearing submissions from both parties, the Chairperson will decide whether or not legal representation will be allowed.


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4. SUSPENSION PENDING A DISCIPLINARY HEARING

4.1 An Employee may be suspended pending a disciplinary hearing. During any period of suspension, the suspended Employee must adhere to the conditions as set out in the notice of suspension.

4.2 Suspension pending a disciplinary hearing will be on full pay.

4.3 The following circumstances, amongst others, may warrant the suspension:

4.3.1 When the Employee or the presence of the Employee at the workplace:

4.3.1.1 constitutes a potential threat to other employees and/or company property; 4.3.1.2 is likely to interfere with investigations into the alleged offence; 4.3.1.3 is likely to have a negative impact on health and safety; 4.3.1.4 is likely to negatively impact on operations.

4.4 Prior to being suspended, the Employee will be afforded an opportunity to make representations why he should not be suspended.

5. SANCTIONS

5.1 Depending on the nature and circumstances of the incident requiring disciplinary action, any of the options below can be invoked progressively or independently. The sanctions set out in the annexure hereto are guidelines only and may be deviated from where circumstances require such deviation.

5.1.1 Verbal Warning:

5.1.1.1 The supervisor reprimands the Employee. The Employee shall be informed of the nature of the transgression, the expected standard of conduct required and that misconduct of the same/similar nature could lead to more severe action being taken against him. The warning shall be recorded on the Employee’s personal file. No appeals shall be granted in respect of a verbal warning.

5.1.2 Written Warning:

5.1.2.1 If the Employee has been given a verbal warning and this has not resulted in an improvement in the Employee’s behaviour or where a transgression is of a more serious nature, a written warning shall be issued by the Employee’s supervisor. No appeals shall be granted in respect of a written warning.

5.1.3 Final Warning:

5.1.3.1 A final warning will be issued for serious transgressions or where the Employee has a valid written warning for the same or a similar transgression. A final warning serves as an indication to the Employee that any future related transgression could lead to his dismissal. A final warning may only be issued after a hearing has been held. The Employee may appeal against a final written warning.


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5.1.4 Dismissal:

5.1.4.1 Dismissal will be the appropriate sanction to be imposed following a disciplinary hearing, when in the Chairperson’s opinion:

5.1.4.1.1 Warning/s have not been effective in correcting the Employee’s conduct; or

5.1.4.1.2 When an Employee has committed a serious transgression, even in cases of a first offence; or

5.1.4.1.3 There has been an irretrievable breakdown in the employment relationship.

5.1.5 Other:

5.1.5.1 Demotion may under certain circumstances be considered as an alternative to dismissal. The Employee must agree to the demotion in writing. Should he refuse to accept such an alternative to dismissal, the sanction of dismissal shall be imposed.

5.1.5.2 In addition to a warning other conditions may be imposed on the Employee such as a referral for drug and alcohol rehabilitation if it is established that the employee has a drug or alcohol problem.

6. INTERNAL REVIEW OF SANCTIONS

6.1 The Company has the right to review the finding and sanctions imposed by Chairpersons should any one of the following circumstances exist:

6.1.1 the availability of new evidence; 6.1.2 the finding and /or sanction imposed by the Chairperson are not substantiated by the

evidence presented; 6.1.3 the finding and/or sanction is not consistent with past practice or in accordance with

the Company’s disciplinary code and procedure; or 6.1.4 it is in the interest of fairness to review the finding and/or sanction.

6.2 The Employee will be afforded an opportunity to be heard should the Company internally review a finding and/or sanction.

7. APPEAL PROCEDURE

7.1 The right of appeal shall only apply in respect of final written warnings and dismissals. The purpose of the appeal procedure is to afford the Employee an opportunity to have the final written warning or dismissal considered by a person of a higher authority. There shall be only one appeal hearing.

7.2 The following shall constitute ground(s) of appeal:

7.2.1 Procedural unfairness; 7.2.2 Substantive unfairness; 7.2.3 New evidence.

7.3 The decision of the disciplinary hearing Chairperson is valid and binding, pending the outcome of the appeal hearing.


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7.4 If the employee wishes to exercise his right of appeal in respect of final written warning or dismissal, he must deliver a completed appeal form to the HRM within five (5) days of being notified of the outcome of the disciplinary hearing.

7.5 Should the Employee fail to exercise his right of appeal he shall be deemed to have waived his right of appeal and the appeal may be denied, unless the Employee can show good cause for his failure to comply with the time frame set out to lodge an appeal.

7.6 If the Employee is dissatisfied with the outcome of the appeal hearing, he may refer the matter to the Bargaining Council or CCMA.

8. GRIEVANCE PROCEDURE

8.1 The purpose of the Grievance Procedure is to ensure that grievances are considered and resolved as close as possible to the point of origin and as speedily as practically possible.

8.2 The Grievance Procedure may not be invoked for grievances relating to issues covered in collective agreements and issues reserved for collective bargaining.

8.3 The Company and the Employee, or group of Employees lodging the grievance may agree to waive the stages and time limits set out in the Grievance Procedure so that the grievance may be resolved faster.

8.4 Employees and Employee representatives shall not suffer prejudice as a consequence of lodging a grievance.

8.5 Individual grievances:

8.5.1 Step 1: An Employee who has a grievance must raise it verbally with his immediate Supervisor. The immediate Supervisor must attempt to resolve the grievance in an informal manner.

8.5.2 Step 2: If the grievance does not become settled in Step 1, the Employee must within two (2) days submit a completed grievance form to Human Resources.

8.5.3 Step 3: A grievance hearing must be arranged within seven (7) days. This hearing must be attended by the Employee, the person against whom the grievance is lodged, a Human Resources representative and a Chairperson.

8.5.4 Step 4: Should the grievance remain unresolved, it may be escalated to be heard by a Chairperson more senior than the previous Chairperson.

8.5.5 Step 5: If the Grievance Procedure has been exhausted and the grievance remains unresolved and the employee should wish to take it further, he may refer the matter to the Bargaining Council or CCMA.

8.6 Group grievances:

8.6.1 The same procedure set out above in relation to individual grievances will be followed in the case of group grievances.

8.6.2 The aggrieved group will elect from amongst themselves a delegation of no more than five (5) employees who will represent the aggrieved group at all grievance hearings. Only this delegation will attend the grievance hearings.


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8.7 Grievances related to Employment Equity

8.7.1 Step 1: An employee may lodge a grievance / dispute related to employment equity issues with his/her representative on the EE Committee.

8.7.2 Step 2: After the lodging of the grievance or dispute, the grievance / dispute should be brought to the EE Manager’s attention who will schedule an urgent EE Meeting during which the grievance / dispute will be discussed, reviewed within 7 days from receipt of the grievance / dispute.

8.7.3 Step 3: The outcome will be discussed with the originator of the grievance / dispute within the time period outlined in point 2.

8.7.4 If the originator is not satisfied with the outcome, s/he may lodge an appeal. The matter should be referred to the Managing Director within 7 working days after the decision from the EE Committee. The Managing Director will make final recommendations within 7 working days and feedback will be given to the originator and the EE Committee.

8.7.5 If all the above options have been exhausted and the originator is still not satisfied with the outcome of the dispute resolution, he/she has the right to refer the matter to the CCMA within 30 days after feedback from Managing Director.


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CATEGORY “A”

(Mandatory Dismissal Offences)

OFFENCE TYPE OF DISCIPLINE TO BE APPLIED TIME

VALIDITY OF DISCIPLINE

REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

1. Theft, bribery, fraud or removal of material without authorisation from Company, another person or premises/building where stationed or being in unauthorised possession or Company property. It will be based on fair management judgemental conclusion of intent of theft, notwithstanding legal conviction.

Mandatory

2. Intentional or negligent damage to Company or Employee property.

Mandatory

3. Gross incongruousness, insolence, insubordination or impudence.

Mandatory

4. Assault / Fighting. Mandatory

5. Deliberate and/or intentional wastage of material or company working time.

Mandatory

6. Non-disclosure of any potentially hazardous situation or workmanship that the employee may become aware of.

Mandatory

7. Revealing confidential information to unauthorised person/s.

Mandatory


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CATEGORY “A”




REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

8. In possession of liquor and/or the use thereof on Company premises.

Mandatory

In case of the use of liquor, please escort the employee to the HRM for a

breathalyzer and circumstantial evidence assessment. A blood sample

may be taken by Company’s Occupational Health Nurse for further

analysis by a laboratory. Employees who are confirmed to be under the influence, are to be escorted off the

premises after the relevant test/s are conducted & will receive no payment

for that shift.

9. In possession of hallucinatory drugs and/or the use thereof on Company premises.

Mandatory

In case of the use of hallucinatory drug, please escort the employee to

the HRM for a urine test and circumstantial evidence assessment.

A blood sample may be taken by Company’s Occupational Health Nurse

for further analysis by a laboratory. Employees who are confirmed to be

under the influence, are to be escorted off the premises after the relevant test/s are conducted & will

receive no payment for that shift.

10. Driving Company vehicle without authority. Mandatory

11. Changing a medical certificate or using a false one or any other official documentation.

Mandatory


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CATEGORY “A”




REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

12. Unexplained absence from work for 4 consecutive days or more without notifying Company

Mandatory

13. Being in possession of a firearm or dangerous weapon on Company premises unless authorised by Company in writing.

Mandatory

14. Intimidating or inciting Employees to violence of any form.

Mandatory

15. Attempting to or causing the name of the Company to be brought into disrepute.

Mandatory

16. Gross negligence. Mandatory

17. Being guilty of any criminal offence that impacts on the employee’s job.

Mandatory

18. Sleeping on the job. Mandatory

19. Refusal to work or abandoning job Mandatory


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CATEGORY “B”

(Inattention to Duties)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

1. Late for work without valid reason. Verbal Verbal Verbal Written 2 months

3rd written warning within 6 months will be final. Thereafter a further written warning within the next 6 months will constitute grounds for discretionary

dismissal (notice)

2. Absent without leave or without valid reason for each day of absence.

Written Final Discretion Mandatory 3 months

4th written warning within a 9-month period will constitute grounds for dismissal, at the discretion of the

Departmental Manager.

3. Absent without prior permission & failing to notify Supervisor during period of absence, even if absent for a valid & acceptable reason.


4. Failure to report for overtime as agreed to. Written Final Discretion Mandatory 3 months

4th written warning within a 9-month period will constitute grounds for dismissal at the discretion of the

Departmental Manager.

5. Stopping work or making preparation to leave work (such as washing or changing) before tea/lunch time or before the specific knockoff time.

Verbal Verbal Written Final 2 months

3rd written warning within 6 months will be a final warning. Thereafter a further

offence within the next 6 months will constitute grounds for discretionary

dismissal.

6. Leaving own work place or department during working hours without permission from immediate Supervisor.


3rd written warning within 6 months will be final. Thereafter a further written warning within the next 6 months will constitute grounds for discretionary

dismissal.


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CATEGORY “B”

(Inattention to Duties)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

7. Failure to carry out work related instructions or orders from Supervisor.


8. Loitering – (Loafing) Written Final Mandatory 6 months

9. Consistent bad timekeeping. Written Final Mandatory 12 months

10. Failure to perform assigned tasks according to set quantity or quality standards.

Verbal Written Final Discretion 6 months 3 written warning within a 12-month

period will constitute grounds for discretionary dismissal.

11. Refusing to work reasonable overtime with reasonable notice of such overtime by Supervisor.

Verbal Written Written Final 6 months Consistent refusal to work legal

overtime will constitute a discretionary dismissal.

12. Failure by the Employee to ensure that a task is carried out by his/her sub-ordinate to acceptable standards of time, quality, quantity or accuracy.

Written Written Final Discretion 12 months

13. Failure to report for or attend a disciplinary hearing/grievance investigation or any official meetings so instructed.

Written Final Discretion 12 months

14. Lending your stamp to another person and/or not safeguarding your stamp to prevent it from being used by another person.


15. The use of another person’s stamp. Written Final Discretion Mandatory 12 months


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CATEGORY “C”

(Poor Workmanship)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

1. Careless workmanship &/or causing unnecessary scrap.

Written Final Discretion Mandatory 18 months 3rd offence within 18 months will

constitute grounds for discretionary dismissal.

2. Disposing of or concealing defective work, either directly or as a party to any discretion in this regard.

Discretion Mandatory Always valid


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CATEGORY “D”

(Safety Related Misconduct)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

1. Failure to wear issued safety apparel. Verbal Written Final Mandatory 6 months

2. Failure to report an accident of damage to Company property.


3. Failure to use Refuse Drums or strewing litter on Company premises at any time.


3rd written warning within 6 months will be a final warning. Thereafter a further offence within 6 months will constitute

grounds for dismissal.

4. Wearing canvass, cloth or any open-toed / heeled footwear whilst on duty in any of the Production areas.

Verbal Written Final Discretion 6 months 3rd written warning within a 12-month period will constitute a discretionary

dismissal.

5. Inattention to &/or disregard of common safety practices.


dismissal.

6. Wilful disregard or common-sense safety practices.

Discretion Mandatory 12 months

7. Unauthorised removal of fixed safety guards. Written Written Final Discretion 3 months 3rd written warning within a 12-month period will constitute a discretionary

dismissal.

8. Unauthorised operation of machinery, tools or equipment


dismissal.

9. Distracting the attention of others, causing confusion by shouting or catcalls in the production areas, or “horseplay”.


dismissal.

10. Carelessness or negligence or committing any act which could result in injury to persons or damage to Company property.



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CATEGORY “D”

(Safety Related Misconduct)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

11. Failing to adhere to traffic signs or observe other road rules whilst driving a vehicle on Company premises.


dismissal.

12. Any person who intentionally or recklessly interfere with, damage or misuse anything which is provided in the interest of health and safety


13. Negligent or careless driving, which could cause injury to persons or damage to Company property.



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CATEGORY “E”

(Misuse of Clock Systems)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

1. Failure to clock in or out at the commencement or at the end of a shift.


3rd written warning within a 6-month period will be a final warning plus time

deducted. Thereafter a further offence within the next 6 months will constitute grounds for discretionary

dismissal.


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CATEGORY “F”

(Other Unacceptable Conduct)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

1. The use of abusive language to a Supervisor. Final Discretion Mandatory 24 months

2. Threatening, intimidating or coercing Employees or Supervisor at any time.


3. The use of abusive language to another Employee.


4. Urinating or defecating anywhere inside or outside any building on the premises other than in a proper toilet.

Final Discretion Mandatory 12 months

5. Immoral conduct or indecency. Discretion Mandatory 24 months

6. Gambling or unofficial money lending on Company premises.

Discretionary

Mandatory 36 months

7. Entering or leaving Company premises other than through recognised gates.


8. The making or publishing of false, vicious or malicious statements concerning an Employee, Supervisor, the Company or its products.


9. Smoking in an area where it is prohibited. Discretion Mandatory 24 months

10. Distribution of written or printed matter of any description, or soliciting of any kind on Company premises, without Company’s permission.


11. An accumulation of different offences or misconduct outlined in this code to the extent of 3 previous warning.


12. An accumulation of different offences or misconduct outlined in this code, to the extent of 5 previous verbal warnings.



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CATEGORY “F”

(Other Unacceptable Conduct)



REMARKS 1ST OFFENCE

2ND OFFENCE

3RD OFFENCE

4TH OFFENCE

13. Misuse of company property, including but not limited to email and internet facilities, for private purposes.


14. The making of defamatory statement/s which is likely to injure the good esteem of an employee/employees.

Discretion

Mandatory

24 months

15. Reporting for duty under the influence of intoxicating liquor and/or drugs.


Employees suspected of this offence are to be escorted to the HRM for a

breathalyzer (liquor)/urine (drugs) test and circumstantial evidence

assessment. A blood sample may be taken by Company’s Occupational

Health Nurse for further analysis by a laboratory. Employees who are

confirmed to be under the influence, are to be escorted off the premises

after the relevant test/s are conducted & will receive no payment

for that shift.

hrm: disciplinary code and procedure

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