DISCIPLINARY CODE AND PROCEDURE
RSC CONSULTING SERVICES (PTY) LTD
(RSC)
Name of Policy Disciplinary Code and Procedure
Commencement date of Policy 1 October 2024
Revision date September 2024
Policy Custodian Employee Relations
Signature ____________
DISCIPLINARY CODE AND PROCEDURE
The purpose of a disciplinary code and procedure in the workplace is to create certainty and
consistency in the application of discipline.
Discipline’s primary goal is to correct rather than punish poor performance or misconduct,
where appropriate.
Some forms of misconduct can be so severe or serious that the first transgression would
warrant punitive measures, including dismissal, rather that corrective measures.
An employee who fails to maintain acceptable standards of conduct on or off duty, in
accordance with his/her employment contract, specific job requirements and/or Company
and/or Client Policies, renders himself/herself liable to disciplinary action.
This disciplinary code and schedule of offences are merely a guideline and not exhaustive and
can be deviated from, where justified.
Any conduct in conflict with policy, procedures, employment contracts and company rules and
regulations will result in a disciplinary action.
1. Suspension:
An employee may be suspended with full pay in writing during the investigation where:
i. The employer has reasonable grounds for suspecting that the employee has committed a
disciplinary offence where dismissal is justified, and/or
ii. The employer reasonably suspects that the investigation or the employee would be
prejudiced by the continued presence of the employee at the work place.
iii. Where the investigation indicates misconduct on the part of an employee, a disciplinary
enquiry shall be convened as soon as possible after the investigation is complete.
iv. The company will be required to change paid suspension into unpaid suspension in the
event that the employee unreasonably and without just cause drag out a hearing.
2. Disciplinary Enquiries:
a) The employee concerned must be notified in writing that he/she is required to attend a
disciplinary enquiry.
b) Details of the allegations against the employee must be contained in the notification.
c) Sufficient time (at least 48 hours) must be allowed for the employee to prepare for the
enquiry.
Signature ____________
d) The employee has a right to be assisted or represented at the enquiry. The representative may
be a member of staff or shop steward from a recognised union in the workplace.
e) No external persons will be allowed to represent employees, except if the employee can prove
good cause to allow external/legal representation. The final decision to allow external/legal
representation remains within the discretion of the chairperson of the disciplinary enquiry.
f) In the event that the representative of the employee’s choice is not available, and provided
sufficient notice of the enquiry has been given, the employee may nominate another
representative to assist him/her, failing which the hearing may proceed.
g) The employee is entitled to present his/her case in his/her own language. If the employee
wishes to present his case in any other language than English, the employee must advise the
employer before the hearing in order for the employer to secure the services of an interpreter.
h) If the employee is unable to render service or is not able to avail him/herself for the enquiry
or if he/she refuses point-blank to attend the disciplinary enquiry, he/she may be tried in
his/her absence. Further, if the company has made a reasonable effort to get hold of an
employee in order to notify him/her of an enquiry, the hearing may be held in absentia which
may lead to a possible detrimental outcome to the alleged offender based on unchallenged
version presented to the chairperson.
3. The Disciplinary Enquiry:
3.1 The Chairperson:
a) The employer may appoint an impartial/independent external chairperson who will
conduct the enquiry with an open and unbiased mind. If an independent chairperson is
not appointed, any manager, supervisor or floor controller within the company may chair
the enquiry.
3.2 Possible Sanctions:
a) Formal disciplinary action may take the form of one of the following sanctions depending
on the merits, facts and mitigating and aggravating factors present in each case :
i. Written Warning
ii. Final Written Warning
iii. Suspended Dismissal
iv. Suspension without pay for a period. Suspension without pay shall only be
considered as an alternative to dismissal.
Signature ____________
v. Alternatives other than dismissal such as suspension without pay for behavioural
problems and demotion for work performance problems (subject to the position
being available) are also subject to disciplinary enquiry proceedings and require
the agreement of the employee. Dismissal applies if the employee refuses to
agree to the option of suspension without pay or the option of demotion
vi. Dismissal with or without notice
4. Warnings:
4.1 Written warnings shall be valid for a specified period of not less than six months.
4.2 Final written warnings shall normally be valid for a specified period of not less than twelve months.
4.3 An employee has the right to be represented by a fellow employee or a shop steward of a
recognised union where the employee is being issued with a final written warning, where such
representative may make representations on behalf of the employee.
4.4 An employee receiving a written warning or a final written warning should sign it in
acknowledgement of receipt. Such signature shall not prevent, or in any way influence, an appeal
against the issuing of the warning internally or through the CCMA.
4.5 If the employee refuses to sign the warning, this fact shall be recorded on the warning and signed
by a witness. The warning will remain valid despite an employee’s refusal to sign such warning,
until overturned on appeal or overturned by the CCMA.
4.6 In the case when an employee’s Final Written Warning has lapsed, and the new misconduct is
similar to that of the lapsed FWW, the Final Written Warning can be taken into consideration in
order to show a trend of the employee’s behaviour.
5. Schedule of Offences:
5.1 The following schedule of offences are not intended to be exhaustive and is only a guideline
and this guideline can be deviated from when justified.
5.2 Misconduct is grouped in categories and an employee will be charged with a category of
misconduct. For purposes of progressive discipline, the category of misconduct will be taken
into consideration and not the example of the misconduct.
Signature ____________
Category 1: Misconduct relating to Absenteeism
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Unauthorised or Misconduct relating Final Written Warning Dismissal
uncommunicated to absenteeism in or dismissal
absence, absconding, that________ (insert
abuse of leave (any detail) (unauthorized
form), desertion of absence of 5 days
post, unauthorised without acceptable
leave, failure to explanation may
produce medical result in dismissal on a
certificate first offence)
Category 2: Misconduct relating to Timekeeping
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Late coming, loitering, Misconduct relating Final Written Warning Dismissal
extended breaks, not to timekeeping in
reporting for agreed that________ (insert
overtime, deadtime, detail)
clocking in and out for
someone
Category 3: Misconduct relating to Negligence
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Negligence, not Misconduct relating Final Written Warning Dismissal
following Standard to negligence in or dismissal
Operating Procedures, that________ (insert (depending on the
dereliction of duty, detail) severity of the offence
gross negligence, a first offence could
gross dereliction of lead to dismissal)
duty
Category 4: Misconduct relating to Disobedience & Disrespect
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Insubordination, Misconduct relating Final Written Warning Dismissal
insolence to disobedience or or dismissal
disrespect in (depending on the
Signature ____________
that________ (insert severity of the offence
detail) a first offence could
lead to dismissal)
Category 5: Misconduct relating to Alcohol and Drugs
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Testing positive for Misconduct relating Final Written Warning Dismissal
alcohol, testing to Alcohol and drugs or dismissal
positive for drugs in that________ (depending on the
(including dagga and (insert detail) severity of the offence
any other substances) a first offence could
or having alcohol or lead to dismissal)
drugs (including dagga
and any other
substances) in your
possession or
consuming alcohol or
drugs (including dagga
and any other
substances) during
working hours
Category 6: Misconduct relating to Property
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Unauthorised or Misconduct relating Dismissal
attempted removal or to property in
possession or opening that________ (insert
or consumption of detail)
client, fellow
employee or third
party goods, damage
to or loss of property
(including company,
client, fellow
employee and third
party), unauthorised
use of property
(including client,
fellow employee or
third party),
misappropriation of
company property.
Signature ____________
Category 7: Misconduct relating to Conduct
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Sleeping on duty, Misconduct relating Dismissal except for a
assault, fighting, any to Conduct in first offence of
form harassment, that________ (insert sleeping on duty
discrimination, detail) which carries a
victimisation, abusive sanction of final
language, bullying, written warning and
threatening behaviour, thereafter dismissal
unprotected strike,
intimidation,
dishonesty,
misrepresentation,
fraud, social media
related offences in
breach of social media
policy, not acting in
best interest of
company, bringing the
company’s name into
disrepute, bribery,
corruption, POPIA
transgressions
Category 8: Misconduct relating to Safety
Examples of Sample Charge 1st Offence - Sanction 2nd Offence -
misconduct in this Sanction
category
Failure to report an Misconduct relating Final Written Warning Dismissal
incident, failure to to Safety in
adhere to safety that________ (insert For failure to adhere to
standards/procedures, detail) safety
operating machinery standards/procedures
without a valid license, and operating
not wearing issued machinery and
PPE, smoking in non instructing an
designated area, being employee to operate
in unauthorised areas, machinery without a
use and possession of valid license or to
cellphones in operating perform an unsafe act
areas without without a license a
permission, instructing final written warning
an employee to or dismissal depending
operate machinery on the severity of the
without a valid license first offence
Signature ____________
or to perform an
unsafe act
Category 9: Misconduct relating to Technology
Examples of Sample Charge 1st Offence - Sanction 2nd Offence - Sanction
misconduct in this
category
Illegal use of company Misconduct relating Final Written Warning Dismissal
issued IT equipment or to Technology in or dismissal
devices, downloading that________ (insert depending on the
of unlicensed software detail) severity of the first
or any other systems, offence
malware on company
issued IT equipment or
devices, abuse of
company issued IT
equipment or devices,
abuse of IT
infrastructure
(including WIFI),
sharing of passwords,
granting unauthorised
access to company
systems
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
against him if his/her performance does not improve.
Time should be allowed for the Employee to improve his/her performance. The Company
may assist the Employee as far as possible and retrain if necessary.
The Employee’s performance must be re-evaluated. Should the Employee’s performance not
improve despite the above process, an enquiry should be instituted for incapacity/poor
performance that could lead to termination.
Signature ____________
I hereby confirm that I have read and fully understand all the content in above updated Code of Conduct
Employee Name Employee signature
Date
9
Signature ____________
