Disciplinary Procedure

It is the company’s policy to provide the best possible standards of pay, benefits and conditions of employment. In return, the employee is expected to contribute high standards of workmanship, attendance, co-operation and acceptable levels of productivity. While the aim of the disciplinary procedure is to help individuals whose performance, attitude or conduct falls below the company’s standards, a disciplinary record may affect an employee’s advancement prospects.

Should informal counseling fail to resolve the problem, the following will apply:
Step 1 Verbal Warning
In cases of minor infringements, the supervisor/manager of the employee concerned will warn the employee verbally of the aspects of work or conduct which are below standard, stating clearly that this is a warning, advising on the improvements which must be made and that if the required improvements are not made then the next step in the procedure is a written warning.
The employee will be given a memo confirming the warning and a copy will be placed on his/her personnel file. If the conduct/performance is satisfactory for 6 months, then this warning lapses for the purpose of this procedure.
Step 2 Written Warning
Where the employee’s performance does not improve to the required standard, within a reasonable time, then the immediate supervisor/manager will issue the employee with a written warning. This warning will inform the employee of the aspects of conduct or performance which are below standard, stating clearly that this is a written warning, advising on the improvements which must be made and that if the required improvements are not made then the next step in the procedure is a final written warning. The employee will be given a copy of the warning and a copy will be placed on his/her personnel file. If the conduct/performance is satisfactory for 6 months, then this warning lapses for the purpose of this procedure.
Step 3 Final Written Warning
Where the employee’s performance does not improve to the required standard within a reasonable time, then the General Manager/Director will issue the employee with a final written warning. This warning will inform the employee of the aspects of conduct or performance which are below standard, stating clearly that this is a final written warning, advising on the improvements which must be made and that if the required improvements are not made then the next stage in the procedure is dismissal. The employee will be given a copy of the warning and a copy will be placed on his/her personnel file. If the conduct/performance is satisfactory for 12 months, then the employee shall revert back to Step 2 of the Disciplinary Procedure.

Consideration will be given to imposing a penalty of a disciplinary suspension with or without pay for a period of time as an alternative to a final written warning.
Step 4 Dismissal
If, despite the warnings/action taken in accordance with Steps 1, 2 and 3 of this Procedure, the employee’s conduct/performance is still not acceptable to the company then he/she will be dismissed. The General Manager/Director will make this decision.
Consideration will be given to imposing a penalty of a disciplinary suspension with or without pay for a period of time or demotion or redeployment, as an alternative to dismissal in appropriate cases.
Right of Appeal
An employee has the right of appeal. An appeal will normally be made to the next management level above that at which the disciplinary decision was taken or to an agreed independent 3rd party in the event that the most senior Manager or Director in the business has dealt with the matter. Appeals must be made in writing within 5 working days of the disciplinary decision being communicated to the employee.
Right to representation
An employee who is called to a disciplinary meeting has the right to representation. Representation can be by a fellow employee, a Trade Union official but not any other person unconnected with the organization
Examples of offences
The following are examples of offences, which will result in disciplinary action being taken against an employee up to and including dismissal:
• Consistent lateness
• Breach of contract of employment terms
• Failure to carry out reasonable instructions
• Failure to perform the job function to a competent level
• Misuse of company facilities
• Poor timekeeping
• Bad behavior such as use of bad language, consistently arguing or being overly aggressive to work colleagues or customers, suppliers, visitors
• Fighting and or drunkenness or erratic behaviours
• Use of substances in a manner that impacts on work performance
• Unauthorised use of company vehicles
• Theft or fraud
• Bringing the company/business into disrepute
• Breach of company policies and procedures including Health and Safety requirements

The above points are examples only and are not exclusive. In the event of any disciplinary action been taken against an employee, Management undertake to outline clearly the offence for which the employee is being accused of and to operate these procedures under the laws of natural justice.
In the event of misconduct warranting summary dismissal, the following procedures apply;

Misconduct
• In cases of misconduct such as bullying and harassment, fighting, theft, willful damage to company property, reporting for work under the influence of alcohol, breaches of trust, etc., the company may summarily dismiss an employee without recourse to the procedure contained in Steps 1 to 4 above. In cases where the company considers that summary dismissal is warranted, it may suspend an employee with pay in order to facilitate investigation of the particular case. In all such cases, the Company will clearly outline why the misconduct warrants summary dismissal.

Following investigation of any matter under this clause, the company may decide either to impose another form of discipline, such as suspension without pay and or final written warning without recourse to the procedure in 1 to 4 above