DISCIPLINARY

1. Overview

The Disciplinary Policy outlines Steel & Construction’s approach to fairly address unacceptable employee behaviour such that the
company’s conditions of employment, regulations and statutory requirements are followed and maintained.

2. Policy Provisions

2.1 Helps to ensure that all employees are treated in a fair and consistent manner.

2.2 Defines the core and common types of misconduct which may result in disciplinary action and is not an
exhaustive list.

2.3 Generally applies to offences committed at the workplace and within working hours, certain conduct and behaviour
outside Steel & Construction’s premises or outside working hours may attract disciplinary action by Steel & Construction.

2.4 In instances where the misconduct is not adequately addressed by the code below, the disciplinary Chairman must
decide the appropriate sanction within the bounds of the disciplinary procedure, ethos of the code and legislation.

2.5 All cases must be preceded by a disciplinary inquiry, which may be informal if the misconduct is minor, or formal
for more serious misconduct.

2.6 Guidelines related to substantive and procedural fairness must be followed

3. Disciplinary Procedure

3.1 An employee may be represented by a fellow employee of his/her choice, to assist him/her at any stage of this
procedure. Alternatively, where an employee is a member of a trade union for the industry in which the employee
is engaged, the employee shall be entitled to be represented by a representative of the respective union. In the
further alternative and in the event that a shopsteward is appointed amongst the employees, an employee may be
represented by the shopsteward.

3.2 Both the employee and the employer will be entitled to present evidence and to put questions across
to the witnesses.

3.3 The employee and employee’s representative, as well as the Initiator, should feel free to request advice and
assistance from the Human Resources Department who will ensure that the correct procedures are being followed.

4. Disciplinary Action Records

All disciplinary action taken must be recorded on the respective employee’s file. Warnings are to remain on file so as to
determine potential patterns of ongoing breaches.

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5. Types of Sanctions

5.1 Verbal Warning

• Verbal warning may be given in cases where, in the opinion of the manager, the misconduct is of a relatively
minor nature, not warranting a written warning

• This is an informal warning of which a record is kept

• Such reprimands are normally given in private, but may be with a witness present to validate that the
reprimand was given

5.2 Written Warning

• Depending on the seriousness of the misconduct, the manager may give an employee a written warning

• The first written warning is considered the first formal disciplinary step against an employee and serves to
caution the employee of future disciplinary action that can and shall be taken against him/her in the event of
him committing the same or similar breach again

• The relevant employee must be provided with such warning on the appropriate form, and the employee must
sign acknowledgement thereof. Should the employee refuse to sign, this will be noted on the form, but no
action will be taken on the refusal

• The warning form will then be forwarded to the Human Resources Department for recording on the
employee’s personal record and will be treated as confidential

5.3 Final Written Warming

• A final written warning shall be given by the relevant manager in serious cases of breach of discipline or
repeated misconduct or where a first written warning is considered inadequate based on the impact or
magnitude of the breach

• The employee and senior manager must sign such warning

• A witness must acknowledge the refusal of the accused employee to sign if such an instance occurs

5.4 Dismissal, Suspension, Demotion

• Where an employee commits an offence, or in the case of gross misconduct which warrants dismissal, a full
Disciplinary Inquiry shall be held

• Dismissal as a disciplinary action may only be considered if the employee has committed a breach against
their contract or repeated misconduct with a final warning already in existence

• Management retains the right to pursue disciplinary action in instances when the offence has only recently
come to the fore and occurred historically

• Alternatives to dismissal, such as unpaid suspension or demotion, should be reserved only for special or
exceptional cases. Guidance should be sought from the Human Resources Department in cases where such
alternatives are being contemplated

6. Disciplinary procedure

6.1 Disciplinary proceedings against an employee who commits an act of misconduct shall be prompt and in
accordance with the rules of natural justice.

The employee must be advised in writing of the following:

• The date, time and venue of the inquiry

• The details of the alleged misconduct

• The right to cross-examine any witness called by Steel & Construction

• The right to call witnesses in defence of the charges of misconduct

• The right to be represented in terms of the provisions made in section 3.1 above

• That, in the event of not attending the disciplinary inquiry, the disciplinary inquiry may be held in his/her
absence and an outcome arrived at in his/her absence

• The Chairman of the enquiry will be at least at the level of a manager

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6.2 After having examined all the facts and circumstances, the Chairperson shall arrive at a decision and shall inform
the employee and his/her representative thereof. In deciding on an appropriate sanction, the Chairperson shall refer
to the Disciplinary Code.

6.3 The minutes to the proceedings must be in writing and certified by the employee or witness and held by the
Human Resources Department for record purposes.

6.4 Following a properly constituted disciplinary hearing, dismissals shall take immediate effect and no remuneration
shall be paid out in lieu of notice except where the Divisional Chief Executive and/or relevant designate
advises otherwise.

6.5 Steel & Construction shall give the dismissed employee a certificate of service.

7. Disciplinary Code

7.1 The code serves as a guide to Steel & Construction and is not intended to list every possible instance or variation of
misconduct that could be committed.

7.2 Where the code does not in any way adequately address the misconduct committed, the Chairman should decide
on an appropriate penalty by using his/her discretion within the spirit and framework of the disciplinary procedure.

7.3 Any misconduct not specifically covered in the code will be dealt with according to the seriousness of the offence,
which could result in dismissal for a first offence in certain circumstances.

7.4 The code makes provision for progressive disciplinary actions in each category of offence and is not exhaustive list
of possible offences.

7.5 The disciplinary action prescribed by the code may be deviated from where justified by the particular
circumstances of the case. Accordingly, such action may be more severe than the prescribed guideline where
aggravating circumstances exist, or less severe where mitigating circumstances exist.

8. The Disciplinary Code

Disciplinary Action
Nature of Offence
First Offence Second Offence Third Offence Fourth Offence

Timekeeping Offences
Late for work or leaving work early without
Verbal Warning Written Warning Final Written Warning Dismissal
good reason.
Unwarranted or unauthorised absence
Verbal Warning Written Warning Final Written Warning Dismissal
from place of work without good reason
Absence – away from work for
five (5) or more working days without Dismissal
permission, or without good reason.
Fraudulent timekeeping. Dismissal
Extended lunch break or rest periods
Verbal Warning Written Warning Final W ritten Warning Dismissal
without permission.
Excessive absenteeism. Verbal Warning Written Warning Final Written Warning Dismissal

Work Output Offences

Sleeping on duty. Final Written Warning Dismissal

Unacceptable work habits / failing to
Verbal Warning Written Warning Final Written Warning Dismissal
complete a task without reasonable cause.
Idling, loafing or purposeless activity. Verbal Warning Written Warning Final Written Warning Dismissal

Refusal to work. Dismissal

Refusal to obey reasonable instructions
Final Written Warning Dismissal
related to work.

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Disciplinary Action
Nature of Offence
First Offence Second Offence Third Offence Fourth Offence
Non-compliance with established
Written Warning Final Written Warning Dismissal
procedures or standing instructions.

Quality of Work
Poor quality of and / or not working to
Written Warning Final Written Warning Dismissal
standards.
Poor maintenance of vehicle / machinery /
Final Written Warning Dismissal
equipment.
Wastage of material. Final Written Warning Dismissal
Negligent damage to equipment, material
Final Written Warning Dismissal
or company property.
Malicious damage to equipment, material
Dismissal
or company property.
Injury to others through negligence or
Dismissal
horseplay.
Disorderly b ehaviour. Final Written Warning Dismissal

Social Offences
Under the influence of alcohol, or
Counselling or
intoxicating drugs at work, or reporting for
Dismissal
duty in such a state.
Unauthorised possession of alcohol or non-
Counselling or
medical drugs on work premises / physically
Dismissal
violent behaviour.
Riotous behaviour. Dismissal
Possession / brandishing a firearm or
Dismissal
dangerous weapon.
Provocation which could lead to assault /
Final Written Warning Dismissal
fighting.
Threat or actual physical violence / assault. Dismissal

Sexual harassment. Dismissal

Intimidation or incitement to violence,
Dismissal
victimisation, racial discrimination.
Committing unsanitary acts. Final Written Warning Dismissal

Drinking on duty. Dismissal

Supplying / giving or selling to other
employees alcohol or intoxicating drugs Dismissal
whilst on company premises.

Attitudinal Offences
Breach of employee’s duty of good faith
to the company, including disclosure of
confidential information, damaging the
image /reputation of the company, injury Dismissal
to fellow employee’s dignity / honour /
good name, unauthorised statements to
the media.
Failure to wear protective clothing or
Final Written Warning
equipment where supplied.
Failure or refusal to carry out a reasonable
Final Written Warning
and lawful instruction.
Failure to observe security, safety and
Final Written Warning
company rules and regulations.

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Disciplinary Action
Nature of Offence
First Offence Second Offence Third Offence Fourth Offence

Smoking in a “No Smoking” area. Final Written Warning

Being in an “out of bounds” area without
Final Written Warning
authorisation or without good reason.
Use of abusive and/or derogatory and / or
Final Written Warning
offensive language or signs.
Gross insubordination, serious disrespect,
Dismissal
impudence or insolence.
Negligence / neglect of duties. Final Written Warning

Gross negligence. Dismissal

Recklessness. Final Written Warning Dismissal

Other Offences
Wilful damage to company materials,
Dismissal
equipment, possessions or property.
Unlawful possession / wrongful use of
Dismissal
company property.
Industrial sabotage. Dismissal

Negligent driving. Final Written Warning Dismissal

Reckless driving. Dismissal

Unauthorised passengers in company
Final Written Warning Dismissal
vehicle.
Misuse of company vehicle. Final Written Warning Dismissal
Failing to report an offence committed in
Final Written Warning Dismissal
an employee’s presence.
Driving a company vehicle without
Dismissal
authority or without a license.
Dishonesty during the course of
Dismissal
employment.
Divulgence of confidential company
Dismissal
information.
Deliberately supplying incorrect or falsified
Dismissal
information.
Excessive private use of the telephone. Verbal Warning Written Warning Final Written Warning Dismissal
Unauthorised acceptance of cash, gifts
Dismissal
and / or any other form of remuneration.
Any other reason recognised in law
as being sufficient grounds for instant Dismissal
dismissal.
Desertion of post. Dismissal

Abuse of sick leave. Dismissal

Breach of IT Policy. Written Warning Final Written Warning Dismissal

Theft / Unauthorised Possession

Theft. Dismissal
Unauthorised possession of company
property or property of other employees
Dismissal
or customers, clients or suppliers of the
company.
Theft of company property or of property
of other employees or customers, Dismissal
suppliers or clients of the company.

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Disciplinary Action
Nature of Offence
First Offence Second Offence Third Offence Fourth Offence
Removal of company property or property
Dismissal
of another without authorisation.
Being in possession of company property
or property of another employee upon
leaving company premises or upon Dismissal
reaching the clocking out area or security
area.

Fraud and Dishonesty

Fraudulent conduct / gross dishonesty. Dismissal

Fraudulent clocking procedures. Dismissal

Falsifying clock cards, medical certificates
Dismissal
or any other documentation.
Applying or attempting to apply any
Dismissal
company funds for wrongful use.
Giving or receiving or attempting to give or
Dismissal
receive any bribe.
Conducting unauthorised private work
Dismissal
during working hours.
Misrepresentation. Dismissal
Fraudulent non-disclosure of relevant
Dismissal
information.
Disclosure of confidential information. Dismissal
Conflict of interest, e.g. making secret
profits or working in competition with Dismissal
employer.

Security
Unauthorised entry / exit to and from
Written Warning Final Written Warning Dismissal
company premises.
Unauthorised possession of company
Dismissal
property.
Refusal / failure to comply with Company
Written Warning Final Written Warning Dismissal
instructions / standards / procedures.

Industrial Action
Unprotected (illegal) strike, illegal
Dismissal
sympathy, picketing or protesting.
Incitement to participate in an unprotected
Dismissal
(illegal) strike or other industrial action.
Misconduct of whatever nature during a
Dismissal
strike or industrial action.
Work stoppage without justifiable and / or
Dismissal
legitimate reason.

Disorderly Behaviour

Engaging in indecent or immoral acts. Final Written Warning Dismissal

Distribution without authorisation of
literature or communications of any kind
Final Written Warning Dismissal
on premises that can lead to conflict or
inharmonious relations.
Gambling on company premises. Written Warning Final Written Warning Dismissal
Conduct which can lead to inharmonious
Written Warning Final Written Warning Dismissal
relations at work.

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