Illustration of disciplinary procedure

Disciplinary procedures

Level one: verbal warning

If the immediate supervisor is of the opinion that the behaviour or performance of an employee is unsatisfactory, but does not warrant a written warning, final written warning or dismissal, then a verbal warning will be given.

The verbal warning shall be given to the employee in the presence of a shop steward or employee representative and the reason for issuing the warning should be explained to the employee and the representative. A record of the warning should be placed in the employee’s personal file. A verbal warning shall remain valid for three months.

Level two: written warning

If, subsequent to issuing a verbal warning, the supervisor is still not satisfied with the performance or behaviour of the employee or if the employee commits another offence which requires a written warning, the supervisor and the immediate superior shall discuss the nature of the transgression, the corrective action and the disciplinary steps with the employee in the presence of a shop steward or employee representative and a management witness.

The supervisor must complete a Disciplinary report form (see page 12). The employee and the shop steward or employee representative must sign the form to acknowledge receipt of the written warning, even though the employee may not necessarily agree with the disciplinary action applied. If the employee refuses to sign the warning, then the supervisor should merely note that fact on the form.

The disciplinary warning should be placed in the employee’s personal file and a copy of the warning should be given to the employee. This written warning shall remain valid for nine months from the date of issue.

Level three: final written warning

If, subsequent to issuing a written warning, the supervisor is still not satisfied with the performance or behaviour of the employee or if the employee commits another offence within the prescribed period of nine months or commits any offence which warrants a final written warning, then the same procedure as detailed in level two shall be followed, except that a final written warning shall be issued. The final written warning shall remain valid for 12 months from the date of issue.

The supervisor shall ensure that the employee and the shop steward or employee representative are made aware that should the employee commit a further offence within the 12-month period following the issuing of the final written warning, then that offence may result in dismissal pending final decision at a formal disciplinary enquiry.

Level four: formal disciplinary enquiry

If, subsequent to issuing a final written warning, the supervisor is still not satisfied with the performance or behaviour of the employee or if the employee commits a further offence within the prescribed 12-month period or commits any offence which may justify dismissal, then the supervisor shall request a formal disciplinary enquiry.

The supervisor shall complete the Disciplinary Report Form stating the grounds for the enquiry. The supervisor will report the matter to the senior manager and hand over the disciplinary report. In the absence of a senior manager in the department concerned, the supervisor may hand the disciplinary report to any designated senior manager.

The senior manager shall inform the employee and the shop steward or employee representative in writing, by way of the formal disciplinary enquiry notification form (see page 13), of the following: 4 The reason for the enquiry. 4 The date, time and venue of the enquiry. 4 The rights of the employee at the enquiry, namely: - the right to timeous notification of the intention to convene the disciplinary enquiry and the grounds for the enquiry; - the right to be represented by a shop steward or employee representative; - the right to translation if required; - therighttocallandcross-examinewitnesses; - the right to a fair and proper hearing.

The employee shall be given two clear working days notice before a senior manager conducts a formal enquiry.

The enquiry is held in the presence of the employee, the shop steward or employee representative and the supervisor.

The senior manager shall: 4 ensure that a record of the proceedings is kept; 4 ensure that the enquiry is conducted in a fair and proper manner; 4 give a decision on the matter, wherever possible, within two clear working days of the enquiry. The