COMPANY NAME

COMPANY LOGO Reference number Date implemented

Document Name Disciplinary Code

1. Purpose

1.1 The purpose of this code is to outline the standard conduct and rules applicable to employees at the
workplace. It is accepted that a disciplinary code and procedure are necessary for the efficient running
of company business, the safety and fair treatment of all employees and for ensuring sound labour /
management relations.

1.2 Furthermore, this code aims to provide guidelines for management to ensure the fair, just, and uniform
application of disciplinary measures and to provide a reference for management engaged in applying
discipline.

2. Underlying Principles

2.1 The application of discipline is the right and responsibility of line management. As disciplinary action
should not be taken lightly, the responsibility for implementing action is reserved for the company
representatives of the appropriate responsibility and seniority. The imposition of discipline is therefore
the prerogative of management only.

2.2 Disciplinary steps are instituted to obtain the co-operation and involvement of all employees within the
workplace, and to protect the interests of both the employee and the employer in the process of dealing
with unacceptable behaviour.

2.3 In the enforcement of discipline, the emphasis must be focused on guidance and rehabilitation rather
than on the imposition of punishment. However, where necessary, punishment must be used as a
legitimate deterrent in the maintenance of discipline.

2.4 In certain instances, the company reserves the right to impose the most severe sanction on an employee
without having to follow the principles of corrective and progressive discipline.

2.5 The application of discipline must always be lawful, just, fair, and consistent.

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2.6 In terms of Item 7 of Schedule 8 of the LRA, The Code of Good Practice: Dismissal any person who is
determining whether a dismissal for misconduct is unfair should consider –
(a) Whether or not the employee contravened a rule or standard, regulating conduct in, or of
relevance to, the workplace; and
(b) If a rule or standard was contravened, whether –
i. The rule was a valid or reasonable rule or standard.
ii. The employee was aware or could reasonably be expected to have been aware of the rule or
standard.
iii. The rule or standard has been consistently applied by the employer; and
iv. Dismissal was an appropriate sanction for the contravention of the rule or standard.

2.7 When applying discipline within the workplace, it is recommended that for all sanctions imposed, the
requirements as stipulated in Item 7 of Schedule 8 be considered.

3. Disciplinary Sanctions

3.1 There are four basic sanctions that can be imposed against an employee. Breaches of the Code which are
similar and sanctions previously imposed for them, if they are still valid, may be considered when
deciding what sanction is to be applied against a related breach in that category.

3.2 In order to issue the below stated sanctions correctly, the manager deciding to impose a sanction must
first grant the accused an opportunity to state a case in response to the allegation made against him/her.
A formal hearing does not have to be held, just a discussion to give the accused an opportunity to
provide a reasonable explanation for his or her failure to adhere to a rule or standard.

3.3 It is important that sanctions be imposed as soon as the employer becomes aware of transgressions. A
delay can result in the allegation that the employee’s actions have been condoned and the instituting of
disciplinary action at a later stage could be viewed as unfair conduct on part of the employer.

3.4 An employee should sign acknowledgement of receipt of the sanction imposed, but an employee cannot
be forced to do so. If the employee refuses to sign, a witness can sign to confirm that the employee is
aware of the sanction and that the allegations have been explained to him/her. An employee’s refusal to
sign does not affect the validity of the sanction. The employee can lodge an appeal within three (3)
working days of receipt of the sanction (delete if no appeal procedure) or refer the sanction to the
Commission for Conciliation Mediation and Arbitration (CCMA) or relevant Bargaining Council as per
the dispute resolution procedure stipulated in the Labour Relations Act 66 of 1995.

3.5 In order of severity, the possible sanctions are:

 Verbal Warnings: In the case of a minor offence, a superior should conduct an informal
disciplinary interview with the employee that may result in a verbal reprimand. A verbal warning is a
reminder to the employee that if he/she continues to commit the same offence, more serious and
formal disciplinary action will follow. Although informal, it is the first stage of the disciplinary
action process and written record is kept of this warning and it will ordinarily be valid for 3 months.

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  First and Second Written Warnings: If verbal warnings fail, management should give the
employee a formal written warning. First and second written warnings are a more formal sanction
and warn the accused that a repetition of wrongful behaviour or a more serious offence can result in
a final written warning. All written warnings will be recorded on a disciplinary form that will be
placed on the employee’s file. A copy of the disciplinary form will be handed to the employee. First
and second written warnings are ordinarily valid for 6 months.

 Final Written Warnings: A final written warning is the last warning an employee can expect before
dismissal or a more serious disciplinary penalty may be imposed. The purpose is to give the
employee a final chance to correct his / her behaviour. Managers should be cautious not to issue
more than one final written warning for the same or similar offence should the employee repeat the
misconduct whilst a valid final written warning is still in effect. A disciplinary hearing or a formal
discussion may be held prior to issuing a final written warning. A final written warning is ordinarily
valid for 12 months.

 Summary dismissals: When a series of progressive or corrective measures, such as the issuing of
the above sanctions, have not produced the anticipated effect, or when an employee is alleged to
have committed serious misconduct, the employer may consider dismissal as a penalty. It is strongly
recommended that the company conduct a formal disciplinary hearing prior to dismissing the
employee. Termination of the employee’s services due to misconduct is a summary dismissal in most
circumstances which means a dismissal without notice. Such a dismissal would be justified in terms
of the company policy and precedent and the principles of common law once due process has been
followed and dismissal is the appropriate sanction. The employee must be informed of the reason for
his/her dismissal in writing and of his/her right to refer the matter for appeal within three working
days of receipt of the hearing outcome(delete if no appeal procedure in place), and to the CCMA or
relevant Bargaining Council within 30 days.

3.6 The disciplinary code must not be seen as an independent document. The applicable provisions of the
disciplinary procedure must be adhered to ensure the fair and just application of discipline within the
company.

3.7 The action as reflected in the columns represents the maximum proposed disciplinary action that may be
applied, depending on the type of breach and how many times it has been committed by an employee.

3.8 The schedule of offences and proposed actions indicated below merely serve as a guideline and does not
constitute inflexible rules that must be followed to the letter.

3.9 The circumstances and merits of each individual case must be considered, and the Chairperson is
expected to use his/her discretion in making a value judgment. Therefore, deviations and lesser penalties
from the disciplinary code will be permitted where mitigating and/or aggravating circumstances warrant
such deviation.

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3.10 It is further impossible for the company to list every offence that an employee may commit in the
workplace and therefore the company reserves the right to amend this code and/or charge an employee
with an offence that, although not contained in this schedule, is deemed an offence in terms of common
law and acceptable practice.

WORD KEY
VW - Verbal Warning
1WW - First Written Warning
2WW - Second Written warning
FWW - Final Written warning
DISM - Dismissal

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DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCES
4.7.1 Category A - Failing to render services offences
A1. Unauthorised Absenteeism
Refers to being Unauthorised absence in Absent for 1 day 1WW 2WW FWW DISM
absent from work that between (date) and
without (date) you were absent
permission, and from work without Absent for 2 days 2WW FWW DISM
without a permission.
Absent for 3 – 4 FWW DISM
reasonable excuse
days
or a valid medical Note 1: Refer to failure to
certificate. follow company policy
Absent for 5 days DISM
and procedure in D5 for
or longer
possible additional charge.

Note 2: Refer to
Note: Understand
absconsion in A5 for
the different
alternative charge for
types of
absence longer than five
absenteeism and
days.
when it is a case
of Incapacity due
Note 3: For absences due
to Ill Health.
to illness, a medical
certificate must be
produced for absences
longer than two days or
when the employee has
been absent on more than
two occasions within an
eight-week cycle to be
remunerated. Even though
the employee is entitled to
payment for absences
within the requirements as
per the Basic Conditions
of Employment Act, the
employer still requires a
valid medical certificate
or else the employee faces
disciplinary action if they
are absent without
permission or
authorisation.
A2. Poor Timekeeping
Refers to the Poor time keeping in that Poor time VW 1WW 2WW FWW DISM
failure of an on the (date) you arrived keeping, failure to
employee to late for work; or adhere to
comply with Poor timekeeping in that stipulated starting
his/her on the (date) you were late and end times
obligations in arriving back from lunch. including but not
terms of or limited to starting

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stipulated Continuous poor time times and break
working hours. keeping in that on the periods, reporting
(various dates), you were late for work,
late for work etc. leaving work
early, taking
Note 1: Refer to failure to excessive breaks
follow company policy or breaks that are
and procedure in D5 for longer than
possible additional charge. permitted, not
proceeding to the
workplace or
workstation.
A3. Sleeping on duty
Refers to sleeping Sleeping on duty in that Note 1: If an 1WW 2WW FWW DISM
at workplace on (date) you were found employee is
when asleep at your workstation found sleeping
contractually during working hours. during his/her
obligated to lunch hour or tea
render services. breaks, no action
can be taken.
Find out reasons
as to why as it
could be because
of intoxication or
illness.
A4. Desertion of post
Absence from Desertion of post in that An employee 1WW 2WW FWW DISM
workstation on the (date), at leaves his/her
without approximately (insert allocated
permission and or time) you deserted your post/workstation
a valid reason workstation without without
with intention of permission and or a valid permission.
not returning until reason.
the next allocated
shift or workday.
Refers to a longer
period than
merely absence
from workstation.
A5. Absconsion
Unauthorised Absconsion, alternatively Factors that play DISM
absence from unauthorised absence a role in
work with the from work, in that you determining the
intention to not have been absent from intention of the
return. work from (date) and employee are
despite being requested to length of
Normally refers do so have failed to make absence,
to absence for a contact with the company communication,
period of more to explain the reason for or lack thereof
than 5 days and your absence or your from the
the employee whereabouts. employee and the

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failed to make employee’s
contact to inform Note: The difference failure to respond
the company of between Absconsion and to requests to
their reason for Unauthorised contact the
absence and Absenteeism. company. In such
return date. cases, the
employer should
have taken
reasonable steps
to establish the
whereabouts of
the employee.
A6. Failure or Refusal to work overtime
A failure or Unauthorised absenteeism Note: There must FWW DISM
refusal to work in that on (date) you failed be a prior
overtime or refused to work agreement in
scheduled and overtime scheduled. place, preferably
agreed upon by in writing, to
the employee and Note: Refer to work overtime.
employer without insubordination and or Such agreements
a valid reason or insolence in D8 and D9 as remain valid for
permission. an additional charge 1 year and must
specifically if an be renewed
instruction was issued. continuously.

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DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCES
4.7.2 Category B - Failing to maintain reasonable efficiency offences
B1. Negligence
Any failure by an Negligence in that on If the work done is of 1WW 2WW FWW DISM
employee to (date) you failed poor quality and/or
comply with a without proper cause to quantity without any
standard of care perform your duties reason being given.
that the employee with the proper care
would reasonably required in that you Failure to exercise
be expected to (describe the event). proper care and
observe in the attention in the
completion and Note 1: Refer to damage manner in which a
fulfilment of to company property in task should be
his/her duties and C8 for possible performed to the
or tasks. alternative charge. extent that the task
has to be repeated or
Gross negligence that equipment is at
is distinguished risk of being
from negligence damaged.
in respect of the
seriousness of the Failing to perform
offence. duties to the required
standard without any
Distinguished acceptable reason.
from dereliction
of duty, please Displaying
refer to B2 in this unreliability, poor co-
regard. operation, and a lack
of interest in work.
B2. Gross Negligence
A serious failure Gross negligence in that Any act or omission FWW DISM
by an employee on (date) you failed which has the
to comply with a without proper cause to potential to give rise
standard of care perform your duties with to serious
that the employee the proper care required consequences to the
would reasonably in that you (describe the company or its
be expected to event). clients.
provide in the Any act where an
completion and Note 1: Refer to damage employee, through
fulfilment of to company property in carelessness or
his/her duties and C8 for possible negligence, causes
or tasks. alternative charge. the company’s
Generally, has the property (valued over
result of incurring R XXXXXXX) to be
substantial losses lost or is unable to
on the company. account for it
properly.

Action whereby the

employee, through

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carelessness or
negligence, causes or
allows company
property (valued
more than R
XXXXX) to be
damaged.

Cash shortages of
more than R XXXX
will be regarded as
gross negligence
except where theft or
fraud could be
proven.

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B3. Dereliction of Duty
Failure to Dereliction of duty in Failing to complete a VW 1WW 2WW FWW DISM
comply with a that on (date) you task allocated to the
duty to perform a failed to complete employee.
task or job (describe task or
function in terms function), a task
of allocated tasks assigned to you.
and/or your job
description Note 1: Refer to
and/or general insubordination in D1
and recurring for alternative charge.
duties assigned
to the employee.
B4. Loafing / Idleness
Refers to standing Loafing / Idleness in Where an 1WW 2WW FWW DISM
or sitting about that on the (date) you employee is found
idly or sauntering failed to devote all your doing non-work-
lazily or time to the furtherance related tasks
aimlessly and of your duties in that instead of
thereby you (describe the concentrating on
neglecting one’s event). his/her work, for
work, failing to example, playing or
work when there fidgeting with cell
is work to be phones, reading
completed. personal
magazines, etc.
Note: Attention must be paid to the differences between incapacity (cannot) and misconduct (will not). The
disciplinary steps provided for in the code should be applied for “will not”.
If the unsatisfactory work performance is due to incapacity (cannot), the following must be adhered to:
 A formal evaluation must be made of the employee’s performance.
 Substandard performance as well as ways to correct such performance must be discussed with the
employee. The employee must also be informed as to the action that can be taken if his/her
performance does not improve.
 Time should be allowed for the employee to improve his/her performance. The company must assist
the employee as far as possible and retrain if necessary.
 The employee’s performance must be re-evaluated.
 For further clarification, see Poor Work Performance Policy and Procedure.

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DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCES
4.7.3 Category C - Failing to demonstrate acceptable conduct offences
C1. Intimidation and/or incitement
A threat using Intimidation in that on To incite or DISM
words or conduct (date) and at (venue) you intimidate other
or a combination threatened other employees to:
of both with the employees by (describe -Use violence
intention to incident or behaviour). -Damage
influence a person company
or group of people Note 1: Refer to abusive property
to act in a certain language in C2 and -Participate in
way. This is threatening behaviour in unlawful
aimed at actions C4 as possible additional industrial action
that are charges. or indulge in any
detrimental to the other disorderly
company, its staff, behaviour.
or clients.
C2. Abusive Language
Language that is Use of abusive language Use of abusive DISM
inappropriate in that on the (date) you language.
towards an used abusive language
employee or while addressing Swearing at
groups of (victim’s name). fellow
employees and employees.
may or may not be
derogatory in
nature.
C3. Racism
Making Racism in that on (date) Use of racist DISM
inappropriate you made a racist slur / language and /
remarks/comment inappropriate racial or other racist
s which have a remark / comment behaviour.
racial connotation. towards (victim’s name)
or a group of employees / Unjustified
people by (describe what allegations of
Behaviour that has was said). racism.
a racist
connotation to an Racism in that on (date)
employee or you engaged in racist
groups of behaviour towards
employees. (victim’s name) or a
group of employees /
people in that you
(describe incident).
C4. Threatening Behaviour
Behaviour that Threatening behaviour in Threatening DISM
constitutes a that on (date) you another
threat of harm to threatened (person employee
another person threatened) by (describe verbally or by
and or property. incident). actions.

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Could be verbal or
physical actions.
C5. Assault
The physical Assault in that on the The pushing of DISM
harming of a (date) you assaulted someone.
person through (victim) by (describe
physical contact incident) The act of
and or violence. striking a person
The unlawful and in any way or
intentional form.
application of
force to a person.
C6. Sexual harassment
Sexual harassment Sexual harassment in that The sending of DISM
is conduct of a on (date) you (describe unsolicited email
sexual nature that incident). and or messages
is persistent, of a sexual
offensive, and nature.
unwanted. The Unwanted
unwelcome physical contact
conduct may be of a sexual
verbal, non-verbal, nature.
visual, physical or
any other form. The making of
comments and or
suggestive
remarks and or
actions that have
a sexual
connotation or
meaning.

Threats,
demands,
suggestions and
requests of a
sexual nature.
C7. Unprotected strike action
Refers to Participation in Work stoppages DISM
employees unprotected strike action that occur
participating in in that on (date), you without
strike action as participated in strike following dispute
defined by the action that was unlawful resolution
Labour Relations and unprotected. procedures.
Act 66 of 1997 but
which is regarded Note: Please
as unprotected in seek guidance on
terms of the Act. whether it is
unprotected
strike action and
the issuing of

Page 12 of 24
 ultimatums.

Page 13 of 24
C8. Sabotage
Any act by an Sabotage in that on (date) Incidents where DISM
employee to you wilfully damaged employees
interfere with the property of the company deliberately
normal operations by (describe event) sabotage
of the company by company
damaging Note 1: Refer to damage property.
machinery or to company property in
equipment or by C8 as a possible
interrupting any additional charge.
supplies of power,
fuel, materials, or
services necessary
to the operations.

Bomb threats,
whether intended
seriously or as a
joke.
C9. Damage to company property
The intentional Damage to company The breaking of DISM
damage to property in that on (date) a tool or
company property you caused damage to a machine of the
or property of a (describe the property company.
colleague. damaged).

Note 1: Refer to
negligence in B1 for
possible alternative
charge.
C10. Bringing the company name into disrepute
Any conduct that Failing to demonstrate A complaint DISM
is detrimental to acceptable conduct in that received from a
the image and or on (date) you (describe member of the
good standing of incident), thereby public or a
the company bringing the company client.
within the name into disrepute.
perception of the Badmouthing
public, thereby the company on
creating a social networks
negative image of or other media.
the company.
C11. Off duty conduct

Page 14 of 24
When an Failing to demonstrate Assaulting a DISM
employee’s acceptable off duty member of the
conduct outside conduct in that on (date) public or fellow
the workplace you (describe conduct). employee off
impacts on the duty.
company’s Note: There must be a
legitimate link to the business Getting arrested
business interest interests. for an offence
or undermines the that has an
relationship of Note: Refer to bringing impact on the
trust and the company’s name into employee’s day
confidence of the disrepute in C9. to day duties.
employment
relationship.
C12. Endangering the safety of others
Any conduct Endangering the safety of A wilful or DISM
wilful or negligent others in that on (date) negligent
which may place you (describe how the disregard of
the safety of employee endangered safety rules and
others in harm’s others’ safety). procedures.
way. Actual injury
is not a Note: Refer to Gross
requirement. Negligence in B2 as an
alternative charge if it is
as a result of negligent
behaviour.
C13. Abuse of Company Property
Using company Abuse of company Incidents where WW FWW DISM
property property in that on (date) an employee can
excessively for you made excessive use use items
private use. of (name property) incidentally for
without permission for private use but
your own private makes excessive
purpose. use, causing
financial loss.
Note: Refer to breach of
company policy in D5 as E.g., abuse of
an additional charge. company
telephones,
cellphone,
internet, email,
photocopy
machines etc.
C14. Unauthorised use of company property
Making use of Unauthorised use of Incidents where DISM
company property company property in that an employee
without on (date) you made use of makes use of
authorisation. (describe item) without company
authorisation or property which
permission. he/she is not
authorised to use

Page 15 of 24
 at all or using
company
property
privately and the
primary purpose
is solely
business.
C15. Under the influence of alcohol and or narcotics
Under the Under the influence of Reporting for DISM
influence of alcohol and or narcotics work in an unfit
alcohol and or any in that on the (date) you condition whilst
other mind- (describe incident) under the
altering substance influence of
including but not alcohol and / or
limited to any drugs.
prohibited and or
prescription
drugs. Includes
arriving at the
workplace unfit to
commence with
duty due to
alcohol or
narcotics
consumption.
C16. Unauthorised consumption of alcohol and or narcotics
The consumption Unauthorised Consumption of DISM
of alcohol, drugs, consumption of alcohol in alcohol and or
or related that on the (date), you drugs whilst on
substance whilst were seen consuming duty.
on duty. alcohol / drugs etc. whilst
on duty.
C17. Unauthorised possession of alcohol or narcotics
Refers to the Unauthorised possession Found in DISM
possession of of alcohol and or possession of
alcohol or drugs narcotics in that on the alcohol and or
on the company (date), you were found in drugs.
premises possession of (describe
substance found)
Note: Attention must be paid to the differences between incapacity due to ill health and wilful misconduct. If
there is a dependency problem, the incapacity due to ill health procedure should be observed. It should be
noted however that even though the employer has acknowledged that the employee may be having a
dependency problem and has accommodated the employee as far as reasonably possible, the employer still
reserves the right to discipline the employee accordingly for any alcohol related offences within the workplace
as noted above.

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DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCES
4.7.4 Category D - Failing to be respectful and obedient offences
D1. Insolence
Action by an Insolence in that on (date) Being belligerent FWW DISM
employee that you showed disrespect to in the acceptance
constitutes and your manager by (describe of an instruction.
shows disrespect incident).
to his/her Accepting an
employer. instruction but
then voicing
A direct (verbal) dissatisfaction to
or indirect colleagues.
(through
actions) Openly refusing
challenge to the to accept an
authority of the instruction from
employer and or a superior
his designated
representative. Non-verbal
conduct e.g.,
clicking of the
tongue, rolling of
eyes etc.
D2. Gross Insolence
A serious act of Gross insolence in that on Public refusal of DISM
insolence that (date) you showed an instruction.
has as its disrespect to your manager
elements wilful by (describe incident). Swearing at a
contempt of the manager.
employer’s
authority. A Disrespecting
challenge by an and or
employee. badmouthing a
manager in the
presence of
colleagues,
clients, or
members of the
public.
D3. Insubordination
The intentional Insubordination in that on An employee FWW DISM
disobeying of a (date) it is alleged that you directly or
reasonable and were insubordinate by indirectly
lawful challenging the authority of confronts his
instruction given the employer / superior and supervisor by
by management. / or failing or refusing to e.g., refusing
Any act or obey a reasonable and verbally and / or
conduct of lawful instruction relating making no effort
disobedience to (details of instruction / to carry out the
that has the incident) work when

Page 17 of 24
effect of instructed to do
challenging the Note: Refer to Insolence in so.
authority of the D1 as additional charge if
superior / employee refused to carry
management / out the instruction.
supervisor.
D4. Gross insubordination
A serious act of Gross insubordination in When an DISM
refusal or that on the (date), you employee is
failure to refused to obey a given an
comply with a reasonable and lawful instruction and
reasonable and instruction relating to fails to carry out
lawful (details of instruction / the instruction
instruction. incident) resulting in
damage to the
Note: Refer to Gross company.
Insolence in D2 as
additional charge if
employee refused to carry
out the instruction.
D5. Breach of company policy and procedure
A negligent or Breach of company (name An instance 1WW 2WW FWW DISM
intentional of policy) policy and where there is an
failure to follow procedure in that on (date) implemented
a company you failed to comply by company
policy that has (describe event or procedure or
been conduct). policy, and the
implemented. employee fails to
follow it.

Employee failing
to notify the
company of his /
her absence.
D6. Breach of Health and Safety Regulations / Policy / Procedure
A negligent or Breach of company health An instance FWW DISM
intentional and safety (name of policy) where the
failure to follow policy and procedure in employee fails or
the health and that on (date) you failed to refuses to follow
safety policy / comply by (describe event the health and
procedure / or conduct). safety policy and
regulations. procedures
implemented by
the company.

Page 18 of 24
DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCES
4.7.5 Category E - Failing to act with honesty and integrity offences
E1. Giving false evidence, making a false statement / declaration, supplying falsified documents
When a Gross dishonesty in that on An employee DISM
deliberate (date) you made a false makes a false
attempt is made statement / submitted a statement or
to mislead the falsified document / gave submission to the
company through false evidence by (describe company.
misrepresentation incident)
of a fact, either Submitting
verbally or in falsified claims
writing. or medical
certificates.
E2. Fraud / Forgery
Any wilful Gross dishonesty in that Submitting a DISM
misrepresentation you committed fraud in fraudulent
verbally or non- that on (date) you qualification,
verbally with the misrepresented failing to
intention to information to the disclose pertinent
derive personal company by (describe information etc.
gain and or to document and or conduct).
cause actual or
potential Note: Could be linked to
prejudice to offence stipulated in E1.
another party.
E3. Bribery
Giving or Gross dishonesty in that Accepting gifts / DISM
receiving or you committed or money from
attempting to attempted to commit parties without
give or receive bribery in that on (date) authorisation for
any bribe / you (describe acts of preferential
money to bribery or corruption). treatment.
perform any act .
to the detriment Offering to pay
of the company money / carry out
or that will favours to
result in any another party to
form of gain some form
unjustified gain of unjustified
or benefit. advantage or to
act in a dishonest
manner.
E4. Theft / Attempted theft
Being in the Theft or Attempted theft, in The unauthorised DISM
possession of that on (date), you were removal or taking
company and or found in possession of of property other
client and or a (describe the item) being than the
colleague’s the property of the employee’s own
property with company / client / including the
the intention to colleague without company’s /

Page 19 of 24
permanently authorisation and or colleague’s /
deprive the permission. clients’ property.
affected party of
the item. Note: Differs from
unauthorised possession,
removal, consumption, and
misappropriation
mentioned below.
E5. Unauthorised possession / removal / consumption of property
Being in Unauthorised possession / Incidents where DISM
possession of or removal / consumption of an employee is
removing or company property in that found in
attempting to on the (date) you were possession of,
remove or found in possession of / removing , or
consuming removing / consuming consuming
company (describe item) without company
property without authorisation. property that,
the necessary although the
permission and intention to steal
or authority. the item is not
there, he/she has
no authority to
have in their
possession /
remove /
consume.
E6. Misappropriation
The incorrect Misappropriation of Incidents where DISM
application of company funds / property / an employee
company funds, assets in that on (date) you takes something
assets, or (describe the employee’s and does not use
property for conduct of it for the purpose
reasons of misappropriation) it was originally
personal gain intended for e.g.,
and or any other taking petty cash
such purpose. for personal use
etc.

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DEFINITION SAMPLE CHARGES SAMPLE 1st 2nd 3rd 4th 5th
OFFENCES
4.7.6 Category F - Failing to act within good faith or conflict of interest offences
F1. Breach of confidentiality
Refers to the Failing to act within the Any disclosure of DISM
unauthorised best interest of the company
disclosure of company in that on (date), information
confidential you disclosed (describe without
information information disclosed) permission and
including but being confidential authorisation.
not limited to information of the
company’s trade company without
secrets, authorisation.
confidential
documentation,
technical
knowhow and
data, drawings,
system,
methods,
software,
processes, client
lists, programs,
marketing and
or financial
information.
F2. Competing with the employer and or conflict of interest
Acting contrary Competing with the Having own DISM
to the best employer and or conflict of business which is
interest of the interest in that on (dates) in direct
employer in you worked / made / competition with
disclosing conducted the business of / the employer.
confidential gave information
information to a concerning (describe Furthering the
competitor of content) to (competitors business of a
the company name) in competition with competitor.
and / or the company and in breach
conducting of your contract of Working
business in employment / duty as an simultaneously
competition with employee. for another
the company employer without
and / or failing Note: Refer to breach of permission.
to disclose an confidentiality in F1 for an
interest in a additional charge.
competing
business to the Note: The employee can
company. also be charged for
dishonesty.
F3. Failing to act within the best interest of the employer
Any conduct Failing to act within the Incidents where FWW DISM
that whether best interest of the an employee fails

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 deliberate or company in that on (date) to report acts of
negligent that you (describe the incident). misconduct of
prejudices the fellow
interest of the employees.
employer.
Acting outside of
the scope of
authority.
F4. Breach of fiduciary duty
A failure to Breach of Fiduciary Duty Being placed in a DISM
responsibly in that on (date) you position of trust
manage that (describe the employee’s to act on behalf
which the conduct). of and take care
company has of the company
entrusted the interests and
employee with. failing to do so in
order to derive
secret profits or
further another’s
interests to the
detriment of or
prejudicing the
company.

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4. Collective Discipline

4.1. It is generally accepted that the disciplinary code and procedure is aimed at the individual employee.
However, in certain circumstances it might be necessary to act against a group of employees who
have breached the company’s rules and regulations as a collective.

4.2. In this case, the following guidelines are suggested:

 If specific employees have been identified in the larger group, cognisance must be taken of the
evidence required for identification.
 Witnesses must have had a sufficient opportunity for reliable identification.
 Witnesses must be reliable.
 Witnesses must have a sufficiently clear recollection of the events.

4.3 If a substantial group of employees are involved, the following practice should be adhered to:
 If practicable, present the employees with the option of an individual hearing.
 If this option is refused, request a delegation, the size of which is dependent upon the number of
employees involved. The selected representatives will then represent the employees in the
disciplinary hearing.
 The hearing should be conducted according to the disciplinary procedure in which all the rights of
the employees are respected and protected.

5. Formal Disciplinary Inquiry

5.1. If a disciplinary inquiry is convened the employee may, if necessary, be suspended with pay, prior
to, during, or pending the outcome of the enquiry.

5.2. The employee must be informed at least 48 hours prior to the hearing in writing, in the form of a
charge sheet, of the misconduct which he/she is alleged to have committed, and of his/her rights at
the enquiry.

5.3. The charge sheet should contain sufficient information for the employee to prepare a defence to the
charges.

5.4. At the disciplinary inquiry, the employee has the following rights:
 To have an interpreter, if requested.
 To be represented by a fellow employee who can be a shop steward if requested. No legal or other
outside representation will be allowed.
 To have the opportunity to confer with the representative, at reasonable times before, during, and
after the inquiry.
 To question the complainant and witnesses during the inquiry either himself or through the
representative.
 To give evidence himself/herself (he/she cannot be compelled to do so), to call witnesses to give
evidence, and to argue either himself/herself or through his/her representative on the question of
whether the misconduct occurred.

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5.5. At the hearing the chairperson must decide after hearing all sides of the case, whether the alleged
misconduct was committed or not and if so to inform the employee of the finding. If the employee is
found guilty, the chairperson must allow the accused the opportunity to give evidence and to argue
either by himself or through his/her representative in mitigation of the disciplinary sanction to be
imposed. The company should be given an opportunity to address the chairperson in aggravation of
sentence.

5.6. The chairperson will then decide on the appropriate sanction taking all relevant factors into account.
The sanction will be communicated to the employee in writing.

5.7. Please note that no employee should be dismissed without a disciplinary hearing being conducted.

5.8. The hearing may be conducted in person/onsite or via online platforms.

It is the employee’s responsibility to contact management should he/she have any queries.

I, ________________________________________, (employee number/ ID number) hereby agree that I have

read and understood the contents of this policy and agree to comply with the provisions of this policy.

Employee signature as receipt

hereof

Date

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