RSC DYNAMIC SUPPLY CHAIN MANAGEMENT DISCIPLINARY CODE AND PROCEDURE RSC CONSULTING SERVICES (PTY) LTD (RSC) Name of Policy Disciplinary Code and Procedure ‘Commencement date of Policy 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. 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. Discipli ries: 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. ©) Sufficient time (at least 48 hours) must be allowed for the employee to prepare for the enquiry. SignatureSignature 4) The employee has arightto be assisted or represented atthe enquiry. The representative may be a member of staff or shop steward from a recognised union in the workplace. €)Noexternal persons willbe allowed to represent employees, except f 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) Inthe 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) ifthe employee is unable to render service or isnot 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 enguiry, 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 rot appointed, any manager, supervisor or floor controller within the company may chair the enquiry. 3.2 Possible Sanctions: a) Formal discipli tary 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 ii, Suspended Dismissal iv. Suspension without pay for a period. Suspension without pay shall only be considered as an alternative to dismissal.vy. 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. 14.3 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. AS Ifthe 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. AG 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 @ 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 Unauthorised or Misconduct relating | Final Written Warning | Dismissal uncommunicated toabsenteeismin | 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 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 ‘Negligence, not Misconduct relating | Final Written Warning 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 Insubordination, ‘Misconduct relating | Final Written Wa 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 “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 dagea and any other substances) during working hours Category 6: Misconduct relating to Property Unauthorised or Misconduct relating | Dismissal attempted removal or | to property in possession or opening | that. orconsumption 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 Sleeping on duty, isconduct relating assault, fighting, any | to Conduct in form harassment, that (insert discrimination, detail) victimisation, abusive language, bullying, threatening behaviour, 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 ismissal except for a first offence of sleeping on duty which carries a sanction of final written warning and Category 8: Misconduct relating to Safety Failure to report an _| Misconduct relating incident, failure to to Safety in adhere to safety ‘that___[insert standards/procedures, | detail) operating machinery without a valid license, not wearing issued PPE, smoking in non designated area, being in unauthorised areas, use and possession of cellphones in operating areas without permission, instructing ‘an employee to ‘operate machinery without a valid license Final Written Warning For failure to adhere to safety standards/procedures and operating machinery and instructing an employee to operate machinery without a valid license or to perform an unsafe act without a license a final written warning ‘or dismissal depending, ‘on the severity of the first offence Signatureor to perform an unsafe act G ‘ategory 9: Misconduct relating to Technology Megal use of company | Misconduct relating issued IT equipment or | to Technology in devices, downloading | that. (insert of unlicensed software | detail) or any other systems, 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 Final Written Warning or dismissal depending on the severity of the first offence Dismissal 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: ‘* Aformal evaluation must be made of the Employee's performance. © Substandard performance as well as ways to correct such performance must be 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. 's 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augers ——— area awn sahoidg ae ‘aunyeusis aaAojdurg tonpuog Jo apo parepdn anoge ul 1uayuoD aup Ie PueRSsEpUN Ay Pue Peds ancy |eUR UU? Aqasay