ANNEXURE A

3. DISCIPLINARY CODE

To ensure orderly behavior and to regulate the interaction between the employer and employees the
company has certain standards, rules and regulations. The disciplinary code is intended to provide a
framework of these standards, rules and regulations which ensures that employees know and understand
what the company is expecting from them and what the employees can expect. The disciplinary code also
prescribes the penalties which are likely to be imposed by the company should employees transgress the
rules. The Disciplinary code provides examples of minor and major transgressions which may lead to
disciplinary action and the code is not intended to be exhaustive of possible offences nor prescriptive for
the only disciplinary sanction.

3.1 Introduction to the Disciplinary Code and Procedure

a. The implementation of the disciplinary code and procedure by the company is important to ensure
the effective functioning of the organization, and to achieve the set goals and objectives. The
disciplinary procedure is therefore the instrument by means of which the organization can
maintain effective discipline in the workplace.

b. The disciplinary code and procedure is intended to provide a framework of these standards, rules
and regulations which ensures that employees know and understand what the company is
expecting from them and what the employees can expect in terms of disciplinary action should an
employee transgress any rule or deviate from appropriate behavior.

c. The Company may exercise disciplinary action against an employee for good cause not stipulated in
the Disciplinary Code.

d. Every employee has the right, if he so wishes, to be assisted in any disciplinary action by a colleague
or co-worker of his choice. The representative may present evidence, cross-question witnesses and
raise questions.

e. Unless the action of misconduct warrants summary dismissal as per the disciplinary code, an
employee will not be dismissed without having had the benefit of a disciplinary hearing.

f. Employees should be given at least 48 hours prior notice of the holding of a disciplinary enquiry.

g. The Company shall apply the provisions of the Labour Relations Act No. 66 of 1995, and any other
related amendments to the Act, if so effected.

h. The Disciplinary Code as reduced in matrix form is only to serve as a guideline in terms of the
appropriate disciplinary penalty. Although this is the recommended disciplinary action, a degree of
flexibility should be maintained in order to apply the appropriate degree of discipline.

i. The Disciplinary Code and Procedure is not intended to and does not set out all the grounds on
which disciplinary steps may be taken and the common-law grounds for discipline and termination
of employment exist hand-in-hand with this disciplinary code and procedure. Where there are not
specific regulations set out, integrity, ethical behavior and responsibility should be a guide.

j. The Human Resources Manager may be requested to give guidance or assistance at any stage
of the of the disciplinary

3.2 Definitions

“Management” shall include employees from supervisory level upward for the purpose of discipline.

“Management” is defined as those capacities with authority to discipline and counsel and is specifically
described as: Supervisors, Managers, Director and Executive Officer.
“Day” shall mean, for the purpose of this procedure, a normal working day and including Sunday,
Saturday and Public Holidays.

“Conduct” (misconduct) by an employee is interpreted to be the unauthorised and / or inappropriate action by

the employee in contravention of the rules and regulations of this code.

“Capacity” (incapacity) shall be defined as the sub-standard performance of an employee in contravention of

the organisation code by reason of incapacity due to illness / poor performance.

“Disciplinary Hearing” refers to a formal meeting, chaired by a manager of the company or any of the
companies subsidiaries, to obtain the relevant facts of the allege misconduct, and to take the necessary
corrective action.

“Operational Requirements” is defined as the functional demand of the operation by reason of technological,
economical and practical restructuring.

“Employee Representative” shall mean a colleague or co-employee.

“Appeal” refers to a meeting, chaired by an independent senior manager, to review the case on the merits,
where the employee feels that a disciplinary hearing/enquiry has not been properly conducted, that all
evidence has not been taken into account or that certain mitigating circumstances exists, which were not
taken into account by the chairperson of the disciplinary hearing.

3.3 GENERAL RULES

a. Disciplinary action should strive to be corrective or constructive.

b. Discipline and dismissal are regarded as part of Management’s responsibility (as per the
Disciplinary Code) which will be exercised:

• Where the work performance or behavior of employees deviates from the accepted
standards.
• Where the work performance or behavior of employees is unsatisfactory.
• Where the employee fails to meet his/her terms and conditions of employment.
• To prevent/resolve conflict in the establishment.

c. The severity of disciplinary action will depend upon the circumstances of each case and
mitigating factors will be given proper attention. Importantly, the penalties set out in the code are
intended to act as guidelines. Circumstances may therefore justify the imposing of a penalty
more or less severe than that recommended in the guidelines.

d. Although contravention of the code may also constitute criminal acts, the company shall not be
precluded from acting in terms of this procedure where criminal steps against the employee have
been taken or from initiating criminal steps against the employee at any time.

e. As the offences stated in the code are not intended to be exhaustive, the company may exercise
disciplinary action against an employee who has committed an offence, which has not been
stated in the disciplinary code.

f. The managers responsible for exercising disciplinary action will use their discretion and on
occasions may prefer to give a verbal warning for a minor transgression.

g. A verbal and written warning shall remain valid for a period of six working months.
h. A third offence, or unrelated offences, warranting a written warning could result in dismissal pending
the outcome of the disciplinary enquiry save for the final written warning which will remain valid for a
period of twelve working months.

i. The signing of a verbal/written warning by an employee means that he/she acknowledges receipt
thereof, and not acceptance of the contents. Should he/she deny the allegations contained
therein, it must nevertheless be signed by the applicable employee. An appeal may be lodged
against said given warning. If an employee refuses to sign a written warning, the written warning
shall nevertheless be valid and operative.

j. Warnings to employees are cumulative only if warnings issued are in the same offence category
as per the Code. Written warnings will be kept in the employee’s personal file even after
expiration only in order for "The Company" to retain a comprehensive history of each employee’s
performance during the employment contract.

k. Employee representative are required to obtain permission to be absent from their places of work
in order to act in terms of this procedure, which permission shall not be unreasonably withheld.
The employee representative, with the consent of the employee concerned, shall be entitled to
have sight of the disciplinary record of the employee.

l. If a manager referred to herein is unavailable, the company may designate another manager to
deal with the matter.

m. The employee shall be entitled to appeal internally in respect of a disciplinary enquiry,

consequent to which the employee was dismissed.

n. As the disciplinary process is an in-company procedure, neither party will be represented by a

person who is not an employee of the company. This shall not, however, preclude the company
appointing a person who is not an employee as chairperson of any hearing in terms of this
disciplinary code and procedure.

o. The Disciplinary Code forms part of the terms and conditions of employment and applies to all
employees of "The Company".

p. "The Company" is entitled to suspend an employee on full pay pending an investigation into any
breach of the Disciplinary Code or the Employment Contract.

q. An employee should be willing to submit himself/herself to a breath test and/or a blood test by a
qualified doctor should his/her behavior / performance necessitates this.

r. Where the employment of an employee is terminated with notice, Management may pay the
employee in lieu of the appropriate notice period and may require the employee to physically
leave the place of employment and "The Company’s" premises immediately.

s. Summary dismissal means termination of employment without notice and without payment in lieu
of notice.

t. Management may, as an alternative sanction to dismissal (which is regarded as the ultimate

sanction) suspend and employee without pay for a period commensurate with the severity of the
particular disciplinary offence.

u. In the event that an employee wishes to challenge a finding after the exhausting of the procedure,
the employee may refer the issue to the Commission for Conciliation, Mediation and Arbitration
for conciliation and/or arbitration or to the Labour Court or any other body agreed upon by the
parties.
3.4 DISCIPLINARY CODE OF OFFENCE

Examples of offences which may lead to penalties such as summary dismissal, dismissal with notice pay,
suspension or a verbal, written or final written warning are stated below:

Classificati Offence Action Action Action Action

st nd rd th
on of 1 Offence 2 3 4
offence Offence Offence Offence
Offences Leaving company premises Written Final Dismissal
relating to while on duty without Warning Written
absenteeism authorisation. Warning
and other
time keeping
obligations
Leaving place of duty while Written Final Dismissal
on duty without Warning Written
authorisation. Warning
Unauthorised absence from Written Final Dismissal
work without a valid reason. Warning Written
Warning
Loitering in the cloakrooms Written Final Dismissal
or on company premises Warning Written
while on duty. Warning
Failing to report absence to Written Final Dismissal
company at the earliest Warning Written
possible opportunity. Warning
Bad time keeping such as Verbal Written Final Dismissal
late coming or leaving work warning Warning Written
early. and/or Warning
counseling
Failing to produce a First Final Dismissal
medical certificate when Written Written
required to do so. Warning Warning
Failing to report for Final Dismissal
overtime work when agreed Written
to do so without a valid Warning
reason.
Desertion – Absent from Dismissal
work for five or more
consecutive working days
without valid reasons.
Fraudulent timekeeping, Dismissal
such as clocking via
another employee or
allowing another employee
to clock one in.
Offences Negligence in carrying out Final Dismissal
relating to duties. Written
work ethic Warning
and the
employee’s
work
obligations
Gross negligence in Dismissal
carrying out duties.
 Dereliction of duty Final Dismissal
Written
Warning
Gross Insubordination or Final Dismissal
insolence. Written
Warning
Refusal to carry out lawful Final Dismissal
instruction. Written
Warning
Poor quality of work, or Verbal Written Final Dismissal
failing to maintain company Warning Warning Written
standards. and/or Warning
counseling
Poor Work Performance Verbal Written Final Dismissal
Warning Warning Written
and/or and/or Warning
counseling counsellin
g
Sleeping on duty Dismissal
Having financial or other Dismissal
interests in the business of
a supplier, competitor or
any interest in a business
which might be construed
as a conflict or interest,
without written authorisation
from the company.
Failing to comply with Written Final Dismissal
company procedures. Warning Written
Warning
Offences Theft or fraud from or in Dismissal
relating to respect of the company, a
Company fellow employee, patient,
Property and supplier or visitor.
Assets
Intentional or grossly Dismissal
negligent damage to
company, visitors,
suppliers’, patients’ or
employee’s property or loss
of company property.
Poor maintenance or Final Dismissal
neglect of equipment, Written
material, vehicles or any Warning
company property.
Driving a company vehicle Dismissal
without authority.
Reckless or negligent Final Dismissal
driving on company Written
premises or use of Warning
company vehicle.
Removal of company Dismissal
property without authority
from the company.
 Being in possession of Dismissal
company property without
authorisation.
Excessive personal use of Written Final Dismissal
company telephones, e- Warning Written
mail or internet. Warning

Using company property for Dismissal

personal purposes without
written authority.
Using company property for Final Dismissal
the distribution or accessing Written
of offensive material or Warning
information.
Accepting or giving or Dismissal
taking steps to acquire or
give gifts or money from or
to a supplier, client,
employee or their agent
which does or could give
the appearance of being
capable of influencing
actions.
Disclosing company Dismissal
records or information of a
confidential nature without
authorisation.
Failing to report damage to Written Final Dismissal
company property, Warning Written
employees’, patients’ or Warning
visitors’ property
immediately.
Industrial espionage or Dismissal
bribery.
Offences of Any dishonesty, including Dismissal
dishonesty. conspiracy, theft (or
attempted theft), fraud (or
attempted fraud), forgery or
giving false or misleading
statements to the company
or to patients, suppliers,
employees or persons
having dealings with the
company.
Misappropriation of Dismissal
company property.
Changing a medical Dismissal
certificate or using a false
one.
Offences to Abusive or insulting Final Dismissal
the person language, signs or Written
or dignity of behavior. Warning
a fellow
employee or
any other
person the
employee
comes into
contact with
the course
of his/her
work.
Serious disrespect, Dismissal
impudence or insolence.
Promoting or engaging in Dismissal
racist incitement of being
racially abusive or engaging
in discriminatory behavior
based on sex, creed,
political beliefs, sexual
orientation or the like,
including jokes of this
nature.
Harassment, including Dismissal
sexual harassment,
unsolicited sexual behavior,
innuendo, suggestion or
gesture and other
inappropriate behavior of a
sexual or discriminatory
nature.
Threat to employees, Dismissal
patients, suppliers or
visitors.
Assaulting a person or Dismissal
fighting with any person or
persons linked to the
company, whether on or off
company premises or
unruly behavior.
Offence of Intimidating or inciting Dismissal
intimidation. employees, including in
respect of unlawful work
stoppages.
Offences Creating or causing or Dismissal
relating to allowing any condition or
Health & situation at work that could
Safety endanger the general
safety or health of
employees or other persons
or which caused injury.
Failure to use protective Written Final Dismissal
clothing and/or equipment Warning Written
when required. Warning
Failure to carry out Final Dismissal
company health and safety Written
policies and procedures. Warning
Smoking in a non-smoking Final Dismissal
area. Written
Warning
 Failing to immediately Final Dismissal
report an accident or injury Written
on duty. Warning
Alcohol or Under the influence of Final Dismissal
drug related alcohol or drugs on Written
offences company premises Warning
(unauthorised).

In possession of alcohol or Final Dismissal

drugs not prescribed to the Written
possessor on company Warning
premises.
Unlawful distribution of Dismissal
alcohol or drugs on
company premises
Possession Being in possession of a Final Dismissal
of firearm or dangerous Written
dangerous weapon on company Warning
weapons premises, unless
authorised by the company
in writing.
Breach of Failing to submit to a Dismissal.
company search.
security
measures.
Being present in an area in Final Dismissal
which the employee is not Written
permitted. Warning
General Breach of confidentiality, Dismissal
Offences whether in respect of
information regarding or
belonging to the company
or its patients.
Anti-competitive behaviour, Dismissal
engaging in any form of
anti-competitive behavior.
Distributing notices, posters Final Dismissal
etc. which may be contrary Written
to the interests of the Warning
company or distasteful, or
removing or altering
company notices without
the company’s written
permission.
Abuse of company Final Dismissal
privileges Written
Warning
Unauthorised statements or Final Dismissal
comments to the press or Written
third parties regarding the Warning
company.