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2018/266646/07
DISCIPLINARY CODE
1.0 PURPOSE
The purpose of this Code is:
1.1.1. To outline a basic standard of conduct and rules applicable to Employees in the
Company. It is accepted that a Disciplinary Code and Procedure are necessary for
the correct application of discipline and effective operation of the Company. It
should make provision for the safety and fair treatment of all Employees and
provide a sound basis for encouraging healthy management/employee relations.
1.1.2. To provide guidelines for managers to ensure the fair, just and uniform
application of disciplinary measures and to provide a source of reference for
managers engaged in applying discipline.
2.0 UNDERLYING PRINCIPLES
This Code is based on the following principles, which must be observed under all circumstances:
2.1. The application of discipline should emphasize remedial action and focus on
guidance, corrective action and rehabilitation of the employee(s) concerned.
However, where necessary, disciplinary action may be used as a legitimate
deterrent in the maintenance of discipline.
2.2. In certain circumstances and depending on the seriousness of the offence, various
levels of disciplinary sanctions, e.g. counseling/verbal reprimand and one or more
written warnings may be omitted and the Company may apply more serious
disciplinary action which may include dismissal for serious cases.
2.3. A disciplinary sanction is valid for a definite period as indicated below:
Written Warning........................................................ Valid for six (6) months
Final Written Warning............................................... Valid for twelve (12) months
Note : In serious cases, a disciplinary sanction such as suspension without pay may be applied as an
alternative to dismissal with the consent of the employee. Should this consent not be given, the full
sanction of dismissal will be applied.
2.4. The Disciplinary Code must not be seen as an independent document but be read
in conjunction with the applicable provisions of the Disciplinary Procedure which
must be adhered to in order to ensure the fair and just application of discipline
within the Company.
2.5. The sanctions as reflected in the columns represent the maximum proposed
disciplinary sanctions that may be applied, depending on the nature, category and frequency
of the breach committed by the employee.
2.6. Breaches of the Code which are similar in nature have been grouped into a number of
specific categories. In the application of discipline, previous sanctions in a given category,
which are still valid, may be considered when deciding what sanction is to be applied against a
related breach in that category.
2.7. The Schedule of Offences and proposed sanctions indicated below serve as a
guideline and allow flexibility in the application thereof. The circumstances and
merits of each individual case must be taken into consideration and the Chairperson is
expected to use his discretion in making a value judgment.
3.0 SCHEDULE OF OFFENCES
Explanation WW First Written Warning
FWW Final Written Warning
DISM Dismissal
Proposed action:
The proposed sanction should not be automatically imposed. The nature and circumstances of each
case should be taken into account before making a decision. Therefore, the proposed Code serves as
a guideline.
3.1. Service Irregularities
3.1.1 Absenteeism
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(A1) Absent Refers to being absent WW FWW DISM
1-2 days from work without
permission and/or
without a reasonable
excuse
(A2) Absent Refers to being absent DISM
3 days or more from work without
permission and/or
without a reasonable
excuse
(A3) Desertion Refers to the situation DISM
where an employee
absents him/herself from
the workplace with the
intention not to return,
i.e. that the employee has
evinced a clear intention
not to be held bound by
his/her contractual
obligations.
(A4) Failure to notify the An employee has a duty WW FWW DISM
Office of his/her to notify his employer of
absence from work his absence within a
reasonable period (at
least on the first day of
absence).
It is of the utmost
importance to establish
exactly why he failed to
do so, especially if
communication channels
were at his disposal.
(A5) Failing to produce a A medical certificate must WW FWW DISM
medical certificate be produced for all
absences occurred
between Fridays and
Mondays as a result of
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
sick leave or longer than
one day between
Tuesdays and Thursdays.
An employee is expected
to obtain such medical
certificate within the
stipulated two days.
FWW DISM
(A6) Abuse of sick leave If an employee absents
himself from duty under
false pretenses, e.g. in
order to conduct private
business.
(A7) Excessive Refers to absenteeism FWW DISM
Absenteeism above the norms
stipulated in the Policy on
Absenteeism Control.
3.1.2 Control at work
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(B1) Poor time-keeping Examples: WW FWW DISM
* Reporting late for work
* Leaving work early
* Away from the
workplace for excessive
periods
* Taking excessive
breaks
or breaks that are
longer
than permitted
(B2) Loafing/ idleness To stand or sit about idly WW FWW DIS
or saunter lazily or M
aimlessly and thereby
neglecting one’s work
(B3) Unsatisfactory work Attention must be paid to
performance the differences between
misconduct (will nots)
and FWW DISM
incapacity (cannots)
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
WW FWW DIS
M
(B4) Sleeping at work Refers to sleeping at FWW DISM
workplace during
working hours
(B5) Negligence * Negligent loss: Any FWW DISM
act whereby an
employee, through
carelessness or
negligence, causes
Company property to be
lost or is unable to
account for it properly.
* Negligent damage:
Any act whereby the
employee, through
carelessness or
negligence, causes or
allows Company property
to be damaged,
including Health &
Safety equipment and
Personal Protective
Equipment.
* Negligent misuse:
The use of Company
assets for a purpose
other than that for which
it is intended, including
Health & Safety
equipment and
Personal Protective
Equipment.
The sanction issued
depends upon the
seriousness of the
offence.
Gross Negligence may
lead to dismissal on the
first offence.
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
DISM
(B6) Unauthorised use Refers to using the WW FWW DISM
of telephone telephone for private
business unrelated to the
employee’s work
function.
(B7) Failure to maintain Refers to the employee WW FWW DISM
a clean & neat looking untidy and
appearance dishevelled in uniform.
3.2 Misconduct
3.2.1 Disorderly conduct
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(C1) Gambling during Management’s discretion FWW DISM
working hours should be appropriately
exercised.
(C2) Abuse, derogatory Any verbal/written FWW DISM
or insulting expression or ridicule or
language contempt for any person.
(C3) Sexual harassment Behavior of a sexual DISM
nature, affecting the
dignity of women or men
at work. Such behavior is
unacceptable if it is
unsolicited, unreason-
able and/or offensive. The
conduct creates an
intimidating, hostile and
humiliating situation.
(C4) Assault/attempted Causing, threatening or DISM
assault attempting to cause
bodily harm to any other
person. The action to be
taken is dependent upon,
inter alia
* Provocation
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
* Self-defense
* Intention
* Nature and severity
of injury sustained.
(C5) Intimidation and/or To incite or intimidate DISM
incitement other employees to:
* Use violence
* Damage Company
property
* Adopt unprotected
industrial action, or
* Indulge in any other
disorderly behaviour
(C6) Intentional damage Refers to the intentional DISM
to Company, damage to Company, a
colleague, or clients colleague or a client’s
property property, equipment,
stock or packing material.
(C7) Threatening Refers to adopting a DISM
violence threatening or abusive
attitude towards
superiors, colleagues or
personnel of clients.
3.2.2. Alcohol and /or prohibited substances
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(D1) Smelling of alcohol Refers to the perception WW FWW DISM
and/or drugs while of an objective person
on duty that the employee smells
of alcohol and/or drugs.
In this case, he is not
visually under the
influence of alcohol
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
and/or drugs and may be
capable of performing his
work.
Seriousness is directly
linked to the nature of
the job and consideration
must be given to safety
hazards and whether the
employee works directly
with clients.
(D2) Alcohol/ blood Refers to the results of a FWW DISM
content above 0,5 Breathalyzer test
indicating a alcohol/
blood content ratio
exceeding a reading of
0,05
(D3) Under the influence Incapable of working FWW DISM
of intoxicating properly whilst under the
liquor/ drugs while influence of alcohol and/
on duty or drugs, or reporting for
work in an unfit condition
whilst under the
influence of alcohol and/
or drugs.
The test is whether
the employee can do
his/ her work safely
and/or efficiently.
However, the nature of
his/her duties will also be
a determining factor.
(D4) Unauthorized Refers to the actual DISM
consumption of consumption of liquor or
intoxicating liquor/ drugs on duty without
drugs while on duty the necessary permission
or authority.
(D5) Unauthorised/ Refers to the actual FWW DISM
illegal possession of possession of liquor or
liquor or drugs drugs while on duty
while on duty without the necessary
permission or authority.
3.2.3. Disobedience
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(E1) Insubordination/ Insubordination refers to FWW DISM
insolence an unwillingness to
submit to authority, i.e.
directly challenging the
authority of a supervisor.
Insolence towards a
supervisor is shown by
disrespect, rudeness, use
of offensive language or
manner; in general, being
disrespectful
Gross Insubordination /
Gross Insolence is
however a dismissal
offence on the first
instance.
DISM
(E2) Refusing to carry When an employee FWW DISM
out an instruction directly or deliberately
confronts his supervisor
by, e.g. refusing verbally
and/or making no effort to
carry out the work when
instructed.
(E3) Failing to carry out Failure to adhere to or FWW DISM
an instruction execute work according
to a lawful and
reasonable instruction
(E4) Non-compliance with This pertains to any WW FWW DISM
prescribed procedure, rule,
procedures, rules, regulation or instruction,
regulations and/ or
instructions
It also includes:
Health & Safety
provisions, procedures
and rules
Failure to report
personal injury
sustained at work
Endangering the safety
of others
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(E5) Divulging Revealing confidential FWW DISM
confidential information means
information to unauthorized
unauthorized presentation, a revealing
persons discussion, press release,
publication and/ or any
communication
whatsoever that could
result in harm to the
Company.
3.2.4. Dishonesty
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(F1) Giving false When a deliberate FWW DISM
evidence, making a attempt is made to
false statement/ mislead or defeat the
declaration, ends of justice through
supplying false misrepresentation of a
documentation fact, either verbally or in
writing.
This includes submitting a
false medical certificate
and clocking malpractice.
(F2) Bribery/ Corruption Giving or receiving or DISM
attempting to give or
receive any bribe/ money
in order to perform any
corrupt/ dishonest act that
will be to the detriment of
the Company or that will
result in personal gain.
(F3) Fraud/ Forgery Any willful DISM
misrepresentation by any
employee with a view to
derive personal gain in
whatever form and/or to
damage/ harm or
potentially damage/ harm
the Company.
(F4) Misappropriation The incorrect application DISM
of company funds, assets
or property for reasons of
personal gain and/or any
other such purposes.
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(F5) Unauthorized Being in possession of any FWW DISM
possession funds, assets or property
belonging to the
Company, clients or co-
employees without any
due authorization.
3.2.5 Other Misconduct
Code Offences Definition / First Second Third
Interpretation Offence Offence Offence
(G1) Smoking in Refers to smoking in FWW DISM
prohibited areas areas indicated or
assigned as non-smoking
areas or areas in which
the employee should
reasonably know are
dangerous areas and
smoking is prohibited.
(G2) Possession of any Refers to the possession DISM
dangerous weapon of unissued weapons
which are dangerous as
they may result in the
injury or death of others.
(G3) Prejudicial conduct Any conduct prejudicial to DISM
the maintenance of good
order and the smooth
running or the public
image of the Company,
including the intentional
destruction of Company
property.
(G4) Any act or omission This refers to any other DISM
which act not referred to in this
Code, but which is serious
seriously impairs enough to warrant the
the relationship termination of the
between the employment relationship.
Company and its
employees
NOTES
1. Proof of intoxication may, for the purpose of this code, be done through the use of any recognised testing
device or by a doctor chosen by management. The test may be carried out by a company official and in the
presence of a fellow employee/witness.
2. All corrective actions will be given in writing, using a warning form and recorded in the employee personnel
file.
3. Any staff member dismissed by this code shall have the right to appeal through the CCMA in the normal
manner.
4. In all instances where dismissal is listed as the appropriate action;
A) The company may at its discretion, give a final written warning in the appropriate circumstances
B) No notice pay shall be applicable in the event of a summary dismissal.
5. In all instances where a written or final written warning is listed as the appropriate action;
A) The company may at its discretion give a dismissal in the appropriate circumstances.
6. No employee is entitled to any remuneration if absent without authority or when they are late without a good
or valid reason.
7. Any misconduct not specifically covered in this code will be dealt with according to the seriousness of the
offence and on a case by case basis.
8. Cases involving sexual harassment or racism will be dealt with in a confidential and appropriate manner due
to the complexity, nature and sensitivity of such allegations as well as to protect the victim or complainant
and the accused, and will be dealt with on a case by case basis.
You understand and accept the terms and conditions of service contained herein, thus
agreed and done at EAST LONDON on this the ___________ day of _______ 2025.
_______________________ _______________________
EMPLOYER WITNESS EMPLOYER
_______________________ _______________________
EMPLOYEE WITNESS EMPLOYEE