Disciplinary code

decision shall be recorded on the disciplinary report and a copy, signed by all parties, shall be made available to the employee and the shop steward or employee representative. 4 ensure that the employee and the shop steward or representative are made aware of the right of the employee to appeal against any disciplinary action so implemented.

Level five: appeal hearing

Any employee disciplined in terms of this procedure, may appeal in writing to the next level of management, i.e. to the more senior supervisor or manager than the one who implemented the disciplinary action.

Any employee dismissed in terms of the disciplinary procedure shall have the right of appeal to the company director or his duly nominated representative.

The grounds of the appeal against dismissal or disciplinary action shall be submitted in writing to the manager concerned within three clear working days of the disciplinary action.

The manager concerned shall, as soon as possible, but within three clear working days of receipt of the appeal application, conduct a formal appeal hearing. The appeal hearing shall be conducted along similar lines to the disciplinary enquiry. The manager concerned shall, wherever possible within one clear working day of the appeal hearing, give a decision which will be final.

The disciplinary procedure and the grievance procedures fulfil different functions. Therefore, employee grievances against disciplinary action taken in terms of the disciplinary procedure cannot be channelled through the grievance procedure. Employees who have any queries regarding the content of this procedure should approach their immediate supervisors or any senior manager for advice and assistance. Employee representative

Any employee disciplined in terms of this procedure may nominate a shop steward or any fellow employee to act as a representative during such proceedings.

Special procedures when disciplining union representatives

If the employee is a trade union representative, an office bearer or official of a trade union, the employee should not be disciplined without first informing and consulting the trade union (paragraph 4 (2) of the code). (Only applicable at level four).

The code requires employers, at the earliest opportunity, to involve trade unions in any decision to institute disciplinary action against trade union representatives, i.e. shop stewards and other office bearers. Management must therefore inform and consult the trade union before proceeding with disciplinary action. In the absence of such notification and consultation, a trade union representative would be entitled to object to a notification of intended disciplinary action if the union had not first been informed.

The purpose of consultation would be to inform the union of the reasons for the pending disciplinary action and to invite suggestions on how to deal with the matter.

Management is not under any obligation to afford special treatment or immunity from disciplinary action to a trade union representative.

Illustration of disciplinary procedure

Level one Offence Immediate supervisor Verbal warning

Level two Offence Immediate supervisor Written warning

Level three Offence Immediate supervisor Final written warning Witness

Shop steward or employee representative

Witness

Level four Offence Supervisor and senior manager Enquiry

Disciplinary Action

Level five Offence Company director (in case of dismissal) Appeal