HR PROCEDURES EMPLOYEE DISCIPLINARY CODE OF …

HR PROCEDURES EMPLOYEE DISCIPLINARY CODE OF CONDUCT AND PROCEDURE

Procedure Number HR 003

Date Issued 1 May 2018

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1. OBJECTIVES

1.1 It is a primary objective of the American International School of Johannesburg (“the School”) that its

employees should operate within the framework of the School’s core values, standards and culture.

1.2 It is furthermore an objective of the School to ensure that the School and all its employees recognize and

comply with the principles contained in the Employment of Educators Act, 1988 (“the Educators Act”), Labour

Relations Act 66 of 1995, all other due labor laws of South Africa as well as the Constitution of the Republic

of South Africa.

1.3 Employee Disciplinary Code of Conduct and Procedure is accordingly intended to:

1.3.1 promote the highest ethical requirements and standards of conduct on the part of employees while

ensuring that mutual respect between all employees is retained;

1.3.2 ensure that the required standards of conduct are communicated to employees inaccessible and

understandable terms so that every employee knows what is expected of him or her;

1.3.3 assist the School in ensuring that any action taken by the School complies with the requirements of fair

labor practices.

2. SCOPE AND APPLICATION

2.1 This Employee Disciplinary Code of Conduct and Procedure applies to all employees of the School

regardless of position or seniority.

2.2 Responsibility for dealing with discipline and ensuring that employees conform to the required standards is

the responsibility of those employees in supervisory positions and is, if possible, to be administered at the

level of management/supervision closest to the incident in a fair, just, efficient, consistent and unbiased

manner.

2.3 The School will have the flexibility of determining exactly how each instance of alleged misconduct is dealt

with provided that the principles set out in this Employee Disciplinary Code of Conduct and Procedure are

substantially adhered to and that all employees are treated fairly and with respect and dignity.




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3. GENERAL PRINCIPLES OF DISCIPLINE

Ultimately, it is the School’s responsibility to discipline an employee properly where:

3.1. The employee fails to provide ongoing services to the employer

3.2. The employee fails to be obedient to the employer’s requirements and to show respect for all fellow

employees, customers, suppliers and any other persons whom they may encounter during their employment

3.3. Employees fail to be honest and to act with integrity

3.4. Employees fail to be diligent and competent

3.5. Employees fail to demonstrate acceptable conduct and behavior

3.6. Employees fail to act in good faith

4. The School recognizes that it is not possible, practical or fair to predetermine the type of disciplinary action that should

apply in any and every given situation.

5. Each situation should be dealt with in accordance with its specific circumstances and due consideration should be

given to the employee’s disciplinary record and extenuating circumstances before prescribing the most appropriate

sanction.

6. A thorough investigation of each case prior to the holding of a disciplinary inquiry or taking of disciplinary action is

required.

7. Any department head, supervisor or another person who is authorized to take disciplinary action against an employee

should first make sure that there are facts to show that the employee has done what is alleged.

8. The degree of seriousness of misconduct can vary greatly. Disciplinary action should therefore be:

8.1 appropriate in relation to the seriousness of the misconduct which is being addressed; and

8.2 consistent with how the School has treated similar misconduct in the past.

9. The aim of a disciplinary penalty/disciplinary action is to correct the unacceptable behavior/conduct. Dismissal should

be reserved for cases where the offense is so serious that it has effectively caused the employment relationship to




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break down irretrievably or where the employee has repeatedly conducted him/herself in an unacceptable manner

and has been warned that further misconduct may lead to dismissal.

10. As a guideline, a dismissal after a warning(s) would generally only follow if an employee repeated misconduct of the

same or a similar nature to that for which she/he has already received a final written warning.

11. However, where an employee is repeatedly found to have behaved in an unacceptable manner it may be appropriate

to take a full history of prior warnings into account in considering whether to or not to dismiss.

12. It is the School’s position that the use of including dismissal in this employee disciplinary code of conduct and

procedure does not preclude immediate disciplinary action in cases viewed by the school administration as potentially

egregious, dangerous or disruptive to students, parents or other employees.

13. As a general principle, the School does not subscribe to a rigid codification of offenses with corresponding sanctions.

However, the School believes that the guidance provided in this employee disciplinary code of conduct and procedure

is necessary to promote consistency. Each case, however, must be dealt with on its own merits.

4. EMPLOYEES’ DUTIES, REQUIREMENTS & EXPECTATIONS

The following categories highlight the employer’s requirements and expectations of employees in terms of their

contracts of employment:

4.1 Employees are required to provide ongoing services to the employer

4.2 Employees are required to be obedient to the employer’s requirements and to show respect for all fellow

employees, customers, suppliers and any other persons whom they may encounter during their employment

4.3 Employees are required to be honest and to act with integrity

4.4 Employees are required to be diligent and competent

4.5 Employees are required to demonstrate acceptable conduct and behavior

4.6 Employees are required to act in good faith

Should any employee fail to adhere to any duty, requirement, expectation or standard falling within these categories,

the employer may take action which could result in a dismissal. This may include actions as detailed in the employer’s

procedures regarding misconduct and or unacceptable work performance.




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5. EMPLOYEES ARE REQUIRED TO PROVIDE SERVICES

Employees are required to make their services available to the employer as agreed to in their contract of employment.

This includes any variation to the employees’ contract that may result from changes to the employer’s operational

requirements or from the employees’ promotion, change in duties or transfer.

5.1. EXAMPLES OF BEHAVIOR WHICH DOES NOT MEET THIS REQUIREMENT ARE:

5.1.1 Tardiness

5.1.2 Leaving work early

5.1.3 Loitering or deliberate time wasting

5.1.4 Taking extended meal or tea breaks

5.1.5 Unauthorized absenteeism or absence from the workplace itself for short periods

5.1.6 Abuse of sick leave i.e. taking sick leave when not ill

5.1.7 Absconding or desertion of duties

5.1.8 Failing to report an absence from work or late coming to his/her direct manager immediately when

the employee is aware that it is likely to happen

5.1.9 Extended or excessive absenteeism due to illness or incapacity

5.1.10 Failing to work overtime when required

5.1.11 Participation in an unprotected/unlawful strike, go slow or other unprotected form of industrial action

5.1.12 Failing to attend a training session

5.1.13 Failing to report an absence from a training session to his/her direct manager immediately when the

employee is aware that it is likely to happen

5.1.14 Late coming

5.1.15 Sleeping and/or napping on duty

5.1.16 Incomplete work




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6. EMPLOYEES ARE REQUIRED TO BE OBEDIENT AND TO SHOW RESPECT

Employees are required to be obedient. This means that employees are required to carry out any reasonable

instructions that may be given to them by those authorized to do so. Reasonable instructions are those that fall within

the scope of the employee’s duties or are necessary to ensure safety, good order, efficiency and productivity in the

workplace. Employees are also required to behave respectfully towards the employer, parents, students, suppliers

and all fellow employees, or any other persons and organizations whom they may come into contact with during their

employment.

6.1 EXAMPLES OF BEHAVIOR WHICH DOES NOT MEET THIS REQUIREMENT ARE:

6.1.1 Insolent or insubordinate behavior towards a more senior employee

6.1.2 Abusive or derogatory language, behavior or action

6.1.3 Insulting language, behavior or action

6.1.4 Racist or sexist comments, language, behavior, action or hate speech.

6.1.5 Sexual harassment or attempted sexual harassment

6.1.6 Any act which may promote racial tension or disharmony

6.1.7 Failure to carry out a reasonable instruction within an acceptable period of time

6.1.8 Refusal to carry out a reasonable instruction

6.1.9 Bringing the good name of the employer into disrepute

6.1.10 Bringing the good name of a fellow employee, customer or supplier into disrepute

6.1.11 Abuse of authority

6.1.12 Failing to return from suspension as instructed by the direct manager




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7. EMPLOYEES ARE REQUIRED TO BE HONEST AND TO ACT WITH INTEGRITY

Employees are required to maintain the trust inherent in the employment relationship by being honest and acting with

integrity at all times. Trust is the most critical aspect of the employment relationship. As such, employees must be

honest in their personal dealings as well as their dealings with the employer, fellow employees, customers, suppliers

and other persons and organizations. Misconduct may in certain cases such as severe breach of trust justify

dismissal.

7.1 EXAMPLES OF BEHAVIOR WHICH DOES NOT MEET THIS REQUIREMENT ARE:

7.1.1 Unauthorized possession and/or attempted possession of school assets

7.1.2 Unauthorized possession or misappropriation of property belonging to the employer, other

employees, customers, suppliers or other persons and organizations

7.1.3 Attempts to possess or obtain property belonging to the employer, other employees, customers,

suppliers or other persons and organizations without authorization

7.1.4 Assisting others to steal or withholding knowledge of such acts or attempted acts from the employer

7.1.5 Attempting to conceal evidence of thefts or attempted thefts

7.1.6 Removing any property from any premises without the owner’s authorization

7.1.7 Removing any property belonging to the school, employee, customer, supplier, other persons or

organization from the employer’s premises without the employer’s authorization, i.e. scrap material,

tires, petrol, credit cards, etc.

7. 2 FRAUD OR ATTEMPTED FRAUD

7.2.1 Falsifying or altering records or documents

7.2.2 Tampering with sick certificates

7.2.3 False recording of time on clock cards or any records, invoices or documents

7.2.4 False claims for overtime

7.2.5 Claims for sick leave when not entitled




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7.2.6 Failing to submit to the employer completed leave forms or to have leave recorded or taking leave

without approval from the direct manager

7.2.7 Submitting to the employer false driver’s licenses or other false documents

7.2.8 Concealing or withholding knowledge of fraudulent acts from the employer

7.2.9 Telling lies or passing on untruthful or misleading information

7.2.10 Making false or misleading statements in a job application, documentation and/or during interviews

7.2.11 Accepting bribes, considerations and / or any inducements for any reason whatsoever

7.2.12 Failing to declare gifts or services to the employer

7.2.13 Attempting to bribe or offering an inducement to any other person

7.2.14 Failing to report knowledge of any bribe or inducement or attempted bribe or inducement

7.2.15 Using the employer’s time, materials, transport, labor, equipment without authorization or allowing

for such unauthorized usage to occur

7.2.16 Committing any dishonest or improper act away from the workplace

7.2.17 Being charged with the commission of a dishonest or improper act in a criminal or civil court

7.2.18 Committing or being found guilty of having committed any act which may affect the trust relationship

between the employer and an employee

7.2.19 Using unauthorized, pirated or illegal software on any computer belonging to the employer

7.2.20 Failing to supply the necessary documentation for a job application and/or when required to do so

within a reasonable period of time

7.2.21 Failing to declare valid work permit, citizenship or residence status change or criminal record

8. EMPLOYEES ARE REQUIRED TO BE DILIGENT AND COMPETENT

Employees are required to perform work in an efficient and professional manner. The employer believes that every

employee must perform work in a competent manner and to the standards and rate of output reasonably required by

the employer. In order to achieve this, employees are required to possess the requisite degree of skill, knowledge

and energy as well as the appropriate attitude to be able to meet work standards effectively.




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8.1 EXAMPLES OF PERFORMANCE WHICH DOES NOT MEET THIS REQUIREMENT ARE:

8.1.1 Poor work performance in terms of quantity, quality, time or wastage

8.1.2 Not demonstrating the required knowledge, skill or attitude to complete work according to required standards

8.1.3 Failing to meet set deadlines or to complete work timeously

8.1.4 Failing to improve work standards when required to do so

8.1.5 Causing customers, fellow employees and/or other persons to complain regarding the standard of work and

providing customer services

8.1.6 Making repeated mistakes

8.1.7 Failing to achieve required or expected outputs or results

8.1.8. Failing to follow up or implement guidelines or work instructions given

8.1.9 Letting fellow employees down as a result of poor quality or late delivery of work

8.1.10 Failing to demonstrate the required vision, insight, business acumen or leadership / interpersonal skills

9. EMPLOYEES ARE REQUIRED TO DEMONSTRATE ACCEPTABLE CONDUCT AND BEHAVIOR

Employees are required to demonstrate acceptable conduct and behavior during their employment. Continued or

serious misconduct makes the continuation of an employment relationship impossible. All employees are required to

conduct themselves in accordance with acceptable social norms, morals and ethics, politeness and other standards

of behavior as may be required by the employer.

Misconduct may result in certain cases such as severe breach of trust; gross dishonesty, willful damage to property,

willful endangerment of safety, physical assault, gross insubordination etc. justify summary dismissal.

9.1 EXAMPLES OF BEHAVIOR WHICH DOES NOT MEET THESE REQUIREMENTS ARE:

9.1.1 Assault, violence, etc.

9.1.2 Attempted assault

9.1.3 Actual or attempted physical violence or physical force towards any persons or destruction of or damage to

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9.1.4 Being disrespectful by manhandling any individuals (grabbing and pushing)

9.1.5 Victimization, intimidation, threats or menacing behavior or action

9.1.6 Carrying, possessing or using firearms, munitions or any other potentially

dangerous weapons or devices on school property without authorization

9.1.7 Spreading false or malicious rumors

9.1.8 Inciting other persons to violence, disobedience or to breach rules, regulations, procedures or agreements

9.2. ALCOHOL, NARCOTICS, ETC.

9.2.1 Possessing, trading, using or being under the apparent influence of any alcoholic or narcotic substance

9.2.2 Being unfit to perform duties as a result of being under the apparent influence of alcohol or any narcotic

substance

19.2.3 Driving any school vehicle or operating any school machinery or equipment whilst under the apparent

influence of alcohol or any narcotic substance

9.3 SAFETY

9.3.1 Failing to comply with safety rules, regulations or requirements

9.3.2 Failure to wear protective clothing or equipment

9.3.3 Failing to show due concern or caution for the safety of others

9.3.4 Failing to exercise care for the property of the employer and others

9.3.5 Willfully or negligently causing damage to the property of the employer or others

9.3.6 Driving any vehicle without the required authorization

9.3.7 Failing to report an accident or damage to property

9.3.8 Driving a vehicle negligently or recklessly

9.4 HYGIENE, MORALS, ETC.

9.4.1 Committing unhygienic or immoral acts at the workplace

9.4.2 Committing any act which may cause distaste, revulsion or abhorrence of fellow employees or affect the

employment relationship




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9.4.3 Improper or disgraceful conduct, on or off duty, which may cause harm to the employer’s reputation or the

reputation of its products or services

9.4.4 Any form of discriminatory, offensive or anti-social behavior

9.4.5 Operating any money lending, laundering or pyramid-type scheme without permission

9.4.6 Gambling, betting or running gambling or betting scheme on school premises or during working hours

9.4.7 Contravening agreements with customers, suppliers, trade unions and other persons or organizations without

prior authorization

9.4.8 Failing to comply with any laws, by-laws, statutes or regulations of the state, province, municipality, or any

other such body as may apply to the employer or the employee in the execution of duties

9.5 USE AND ABUSE OF PROPERTY

9.5.1 Willful damage to property

9.5.2 Careless (negligent) damage to property

9.5.3 Use or abuse of company or customer property without authorization

9.5.4 Tampering with, altering, damaging or losing the employer’s property, computer hardware, software or

information systems

9.5.5 Usage of the employer’s telephones without authorization or good reason

9.5.6 Internet usage without authorization or good reason

9.5.7 Introducing a virus to, altering, damaging or sabotaging any computer hardware or software or data belonging

to and relevant to the employer

9.5.8 Allowing an unauthorized third party to drive school vehicles or picking up unauthorized passenger

9.6 UNAUTHORIZED AND/OR UNACCEPTABLE BEHAVIOR

9.6.1 Careless in exercising your duties

9.6.2 Dereliction of duty, i.e. neglecting certain duties

9.6.3 Failing to follow laid down work procedures or instructions when required

to do so

9.6.4 Causing customers, fellow employees and/or other persons to complain




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regarding behavior and/or attitude

9.6.5 Failing to maintain a disciplined working environment

9.6.6 Failing to maintain a neat and orderly working environment

10. EMPLOYEES ARE REQUIRED TO ACT IN GOOD FAITH

Employees are required to act faithfully and in the best interests of the employer at all times. This includes promoting

the employer’s business interests and ensuring that there is never a clash between the employee’s interests and

those of the business. Employees shall not divulge confidential information concerning the employer’s business

interests or trade secrets to any other person or organization without prior authorization. No information or business

secret may be used to further the interests of any employee or any other person or organization.

10.1 EXAMPLES OF BEHAVIOR WHICH DOES NOT MEET THESE REQUIREMENTS ARE:

10.1.1 Utilizing school information or resources to make an undisclosed or unauthorized commission or profit

10.1.2 Divulging/disclosing confidential information and trade secrets

10.1.3 Conducting business for own or other's account using the employer’s time or resources

10.1.4 Running down the reputation or good name of the employer within the organization or externally

10.1.5 Accepting loans, gifts, bribes or directly or indirectly accepting any benefits or inducements to give business

to any supplier or another party

10.1.6 Accepting loans, gifts or bribes or benefiting personally for any reason related to the employer’s business

10.1.7 Performing work for any person or organization whilst in the employ of the employer without prior

authorization

10.1.8 Accepting business for own or other’s account that could have been obtained for the employer, i.e.

moonlighting

10.1.9 Disclosing, to the detriment of the employer, any information obtained whilst in the employ of the employer

10.1.10 Copying software or any confidential or proprietary information

10.1.11 Possessing any confidential or proprietary information without prior written authorization

10.1.12 Unauthorized distribution of offensive material, e-mails or any other communication




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10.1.13 Competing against the employer and/or cause a conflict of interest

10.1.14 Copying, transmitting, removing from the employer’s premises any data, software, or computer hardware

containing any information or process relevant to the employer

10.1.15 Failing to properly safeguard and / or secure information belonging to the employer

11. SANCTIONS AND PROCEDURES PERTAINING TO LESS SERIOUS MISCONDUCT CASES

11.1 Discipline must be dealt with at the lowest possible level and, accordingly, disciplinary action may be taken by the

head of the School, the Human Resources Manager and/or a supervisor of an employee who has been delegated

with the necessary authority to do so. The delegation may be general in nature i.e. authority does not have to be

delegated to the person on each individual occasion.

11.2 Disciplinary action can range from an informal verbal warning to dismissal (with or without notice) and can include

formal written warnings. In determining the appropriate level of disciplinary action to be taken, the supervisor or other

person authorized to take disciplinary action should act fairly, carefully consider the nature of the alleged offense, treat

the employee with dignity and at all times act in accordance with the principles of this Procedure.

11.3 In cases where the seriousness of the misconduct warrants counseling, the School must:

11.3.1. Bring the misconduct to the employee’s attention;

11.3.2. Determine the nature of the misconduct and give the employee an opportunity to respond to the allegations;

11.3.3. Decide on a method to remedy the conduct, preferably in consultation with the employee; and take steps to

implement the decision

11.3.4 In cases where the seriousness of the misconduct warrants it, the School may give the employee a verbal

warning.

11.3.5. The School should then inform the employee that further misconduct may result in more serious disciplinary

action and the warning should be recorded in the employee’s personnel file.

11.3.6.In cases where the seriousness of the misconduct warrants it, the School may give the employee a written

warning. In such circumstances:




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a. The written warning will be in accordance with the Written Warning Form

b. The employee will be given a copy of the written warning and should sign in acknowledgment of

receipt thereof, alternatively the warning should be handed to the employee in the presence of

another employee who should sign in confirmation of the warning being issued;

c. The written warning must be filed in the employee’s personnel file;

d. The written warning shall remain valid (in the normal course and subject to any reasonable

exceptions) to six months;

e. Where the employee refuses to sign the written warning, a witness shall be called and witness

the refusal by the employee to sign such warning

12. SANCTIONS AND PROCEDURES PERTAINING TO SERIOUS MISCONDUCT CASES

12.1. In cases where the seriousness or extent of the misconduct warrants it, the School may give the employee a final

written warning. This will be the result of a formal disciplinary inquiry,

a. As a guilty finding, a Final Written Warning Form; shall be issued to the employee by the chairperson or

Human Resources Department

b. The employee will be given a copy of the final written warning and should sign in acknowledgment of receipt

thereof, alternatively the warning should be handed in the presence of a witness

c. The final written warning must be filed in the employee’s personnel file;

d. The final written warning shall remain valid (in the normal course and subject to any reasonable exceptions)

for a maximum of 12 months;

12.2 If dismissal is considered a possibility or where the alleged misconduct is of a serious nature, a disciplinary

hearing must be held at which the employee is given an opportunity to defend him/herself against the allegations.

12.2.1. The employee should be given written notification of the disciplinary inquiry at least three working days before

the date of the hearing.

12.2.2 The notification of the disciplinary hearing should be given in accordingly stating the following,




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o A description of the allegations of misconduct in a form and language that the employee can

reasonably understand;

o Details of the date, time, place and venue of the hearing;

o Information on the rights of the employee to be represented;

o Information on the rights of the employee to call witnesses at the hearing.

12.3. A disciplinary hearing may be chaired by a manager or other appropriate senior person within the School. The

chairperson should be unbiased in relation to the issues that will be considered.

12.4. The School may, in its sole discretion, delegate the responsibility to chair a disciplinary inquiry to an impartial, neutral

and independent person who is not in the School’s employ, such chairperson shall give a recommendation for the

school to consider

12.5. Where an employee does not attend his/her disciplinary inquiry, the inquiry will proceed in the employee’s absence

unless, prior to the date and time of the disciplinary inquiry, the employee furnishes the School with an acceptable

reason for his/her failure to attend the disciplinary inquiry or requests a postponement of the inquiry on reasonable and

compelling grounds.

12.6 The employee is entitled to the assistance of a fellow employee at the disciplinary inquiry. The following further

principles are applicable to the employee’s representative:

12.6.1 As a rule, no external representation will be allowed at a disciplinary inquiry as it is an internal process.

12.6.2 The employee representative may assist the employee in preparing for the formal process and/or may present the

employee’s case at the disciplinary inquiry by asking questions and addressing the chairperson.

12.6.3 The employee representative may observe whether the rights of the employee are adhered to and give advice to the

employee.

12.6.4 The employee representative cannot give evidence in the place of the employee nor answer questions on his behalf.

The chairperson has the right to insist upon hearing the employee in person.

12.6.5 At the disciplinary inquiry the employee shall be presented with the facts that support the allegations against him/her

and shall be given an opportunity to state a case in response to the allegations.




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12.6.6 Whenever disciplinary proceedings are pending before any chairperson and it appears to him/her that it would expose

a witness under the age of 18 years to undue mental stress or suffering if he or she testifies at such proceedings, the

chairperson may, if practicable, appoint a competent person as an intermediary in order to enable such witness to

give his or her evidence through that intermediary.

12.7 An examination, cross-examination or re-examination of a witness in respect of whom an intermediary has been

appointed, except examination by the chairperson, must not take place in any manner other than through that

intermediary;

12.8 The chairperson may direct that the relevant witness give his or her evidence at any place which is informally arranged

to put the witness at ease, is arranged in a manner which any person whose presence may upset that witness is outside

the sight and hearing of that witness and is at a place which enables the chairperson and any person whose presence

is necessary at the proceedings to hear, through the medium of electronic or other devices, that intermediary as well

as that witness during his or her testimony.

12.9 Where reasonable and possible, a record should be kept of any disciplinary inquiry of any employee. An employer may

use its discretion to record the hearing through audio recording in a supplement to the minutes, depending on the nature

of the case or in agreement by both parties.

12.10 At any disciplinary inquiry, the chairperson may ask any witness questions for clarification.

12.11 The employee shall be given an opportunity to present mitigating factors before a disciplinary sanction is imposed.

12.12 Disciplinary inquiry outcome should be communicated to the employee at the earliest convenient date by the

chairperson or by the Human Resources Department in case of an external chairperson.

12.13 The employee must be informed of the decision/outcome of the disciplinary inquiry in writing.

12.14 In the event where an employee is unhappy or dissatisfied with the outcome of any disciplinary inquiry or any

disciplinary action is taken, she/he may refer a dispute to the Commission for Conciliation, Mediation and Arbitration

(“the CCMA”) in accordance with the provision of the Labour Relations Act (“the LRA”) within 30 days of the date of

dismissal.

12.15 The Board will act as the final arbiter in the event of appeals




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13. SUSPENSION PENDING A DISCIPLINARY ENQUIRY

13.1. During an investigation into alleged misconduct or an alleged offense committed by an employee, the School may

suspend the employee in full pay until the conclusion of the disciplinary inquiry.

13.2. In such circumstances, the employee will not be permitted to access the School’s premises and/or communicate with

other employees at the School without the express consent of the School’s Human Resources and/or the person who

issued the Notice of Suspension to the employee.

13.3. Fair suspension procedure shall be followed including giving an employee an opportunity to state the reason why

he/she shouldn’t be suspended

14. SUSPENSION WITHOUT PAY

14.1. Suspension without pay of an employee may be imposed as a disciplinary sanction following disciplinary action and

usually where this is an alternative measure short of dismissal.

14.2. Suspension without pay as a disciplinary sanction must, however, be agreed with the employee and in the absence of

the agreement, dismissal would normally follow.

15. DEMOTION

15 .1. The demotion of an employee may be imposed as a disciplinary sanction or penalty following disciplinary action.

15.2. Demotion must be agreed with the employee and in the absence of agreement, dismissal would normally follow.

16. SPECIFIC INSTANCES OF MISCONDUCT/EXCEPTIONAL CIRCUMSTANCES

16.1 UNPROTECTED INDUSTRIAL ACTION

Where employees engage in unprotected industrial action, the School will not be obliged to convene

disciplinary inquiries. In circumstances where the School is considering dismissal of the strikers, it may call




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upon the Union or employee representatives in the absence of a Union, to make representations on why the

strikers should not be dismissed by the School and make its ruling after it has heard those representations.

16.2 MISCONDUCT OUTSIDE WORKING HOURS

Any misconduct committed outside working hours or outside the School’s premises which has the potential

of bringing the School into disrepute, may result in a disciplinary inquiry being convened and appropriate

disciplinary action being taken, including dismissal.

16 DESERTION/PROLONGED ABSENTEEISM

16.1 Any employee who:

16.2 is absent from work for a period exceeding (4) consecutive days without authorization from the School; or

16.3 assumes employment with another employer while being absent from work without permission from the School;

16.4 while suspended from duty, resigns or without permission of the School assumes employment without another

employer; or

16.5 while disciplinary steps taken against the employee have not yet been disposed of, resigns or without permission of

the School assumes employment with another employer shall, unless otherwise directed by the School and subject

to the provisions of the LRA, be considered to have breached his/her employment contract and deserted if the School

does not receive a reason for the absence at the earliest opportunity.

16.6 It is the responsibility of the employee’s supervisor to attempt to contact the absent employee within four

days to establish the reasons for the absence. The employee is also obliged to contact his/her supervisor

within a reasonable period during the employee’s first day of absence to explain the reasons for the absence.

16.7 Before employment is terminated, a letter signed by the Human Resources and the supervisor should be sent to the

employee requiring him/her to provide reasons for his/her absence and advising that he/she is immediately required

to work by a certain date, failing which the employee will be regarded as having absconded or deserted his/her

employment. Proof of service of such letter should be placed in the employee’s file.

16.8 Should the employee fail to return to work or to provide sufficient reasons for his/her absence, then the employee

shall, be sent a notice of a disciplinary meeting/inquiry into his/her absence from work.

16.9 Should the employee return to work before the date of commencement of the disciplinary meeting/inquiry and not

provide sufficient reasons regarding the absence and failure to notify the School, the disciplinary meeting/inquiry will




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be held. Should the employee fail to return to work and/or to attend the disciplinary meeting/inquiry, then the

meeting/inquiry may proceed in his/her absence and the employee may be dismissed.

16.10 If the employee has resigned, then a letter should be sent to the employee confirming that his/her contract of

employment has been terminated by resignation. In these circumstances, the employee will not be entitled to receive

notice pay as he/she would have failed to serve his/her notice period.

16.11 If the employee has assumed employment with another employer, then he/she will be taken to have repudiated his/her

contract of employment and a letter should be sent to the employee confirming that his/her employment has

accordingly, been terminated.

16.12 Should the employee whose employment has been terminated in accordance with clause 33, report for duty at

any time, the School may, on good cause shown and at its sole discretion, approve the reinstatement of the employee

to his/her former position or in any other suitable position on such conditions relating to the employee’s period of

absence from duty or otherwise as the School may determine.

17. SCHEDULE OF MISCONDUCTS GUIDELINES

This should not be viewed as the exhaustive lists of all offenses, but rather as the guidelines to assist both employees

and management on the seriousness of the misconduct. While the School does not subscribe to a rigid codification of

offenses, as a guide, employees can refer to the attached schedules of what is considered by the School to constitute

serious misconduct.

17.1 SCHEDULE I – EXTREME SERIOUS MISCONDUCT

These are extremely serious misconduct that may result in summary dismissal if found guilty,

1. Theft, bribery, fraud or an act of corruption including examinations or promotional reports;

2. Committing an act of sexual assault on any learner or student or any employee of the School;

3. Having a sexual relationship with a learner or student of the School;

4. Seriously assaulting, with the intention to cause grievous bodily harm to any learner or student or any

employee of the School;

5. Illegal possession of an intoxicating, illegal or stupefying substance; or




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6. Causing a learner or student to perform any of the acts described in 1 to 5 above.

7. Abusive or derogatory language or action

8. Gross insubordination towards the more senior person

9. Racist, sexist comments, language, behavior , action or hate speech

10. Sexual harassment or attempted sexual harassment

11. Any act which may promote racial , gender tension or disharmony

12. Bringing the good name of the employer into disrepute

13. Unauthorized possession and/or attempted possession of school assets or property

14. Assisting others to steal or withholding knowledge of such acts from the employer

15. Attempting to conceal evidence of thefts or attempted thefts

16. Removing any property from school premises without their owner’s authorization

17. Falsifying or altering records or documents for personal gain

18. Tempering with medical certificate

19. False claim of overtime, travel or other claimable benefits from the school

20. Presenting false drivers license

21. Concealing or withholding knowledge of fraudulent ats from the employer

22. Telling lies or passing on untruthful or misleading information

23. Accepting bribes, considerations and/or economic inducements for any reasons whatsoever

24. Attempting to bribe or offering an inducement to any other person

25. Committing any acts of dishonesty in the workplace

26. Being charged with the commission of a dishonest, fraud, or improper act in a criminal or civil court

27. Assault, violence or attempted assault

28. Actual or attempted physical violence, manhandling any individual (grabbing or pushing), damaging the

school property

29. Carrying, possession or using of a firearm or any dangerous weapon

30. Inciting other persons to violence , disobedience, or to breach rules , procedures and agreements

31. Driving any school vehicle or machinery with a positive alcohol percentage on the breath

32. Failure to comply with safety rules, regulations or requirements




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33. Willful damaging the employer’s property

34. Driving any school vehicle without a required authorization

35. Operating any money lending, laundering or pyramid-type scheme in school premises

36. Illegal gambling, betting or betting scheme in school

37. Permitting or allowing a third party to drive a school vehicle without authorization

38. Utilizing school information or resources to make an undisclosed or unauthorized commission or profit

39. Divulging / disclosing confidential information

40. Performing work for another organization whilst still in the employ of the school without prior authorization

41. Possessing any confidential information without prior written authorization

42. Failure to declare a conflict of interest by self or family members

43. Theft, fraud, mismanagement of school funds

44. Endangering lives of others in the execution of duties

17.2 SCHEDULE II – SERIOUS MISCONDUCT

The instances described below constitute serious misconduct which may lead to dismissal, although each case will be

assessed on its merits:

1. Failure to carry out a lawful and reasonable instruction

2. Absconding or desertion of duties

3. Participating in an unprotected / unlawful strike, go slow or any form of unprotected industrial action

4. Insolent or insubordination behavior or action

5. Abuse of authority

6. Making false, misleading information during the job application

7. Failing to declare invalidity of work permit, citizenship, or criminal record status

8. Constant poor performance and failure to meet the required standard and/or quality

9. Causing customer, fellow employees, parents to complain about the standard of work or providing customer

service

10. Failure to follow up or implement work procedures or guidelines or work instruction is given




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11. Failure to demonstrate the required vision, insight, leadership and interpersonal skills

12. Use of electronic mail, online services, internet facilities and services and the world wide web for unlawful or

malicious activities;

13. Misrepresentation of oneself or inappropriate representation of the School via any communication facility;

14. Attempts to “hack” into other systems or another person’s log-in, attempts to “crack” passwords, breach

computer or network security measures or monitor electronic files or communications of either employees or

third parties, except by the explicit direction of the School;

15. Use of electronic mail for communications that contain improper or unlawful statements including, but not

limited to, ethnic slurs, racial epithets or anything that may be construed as harassment or disparagement of

others based on race, national origin, sex, sexual orientation, age, disability or religious beliefs or

communications that contain sexually explicit or offensive images, cartoon graphics, sound or text;

16. Willful or negligent introduction of a virus into a user’s computer or any other computer system of the School;

17. Intentional or grossly negligent damage to computer hardware or software of the School or an employee.

18. Viewing, downloading, copying, storage and/or distribution of undesirable, indecent and/or obscene graphics,

images, cartoons, sound or text from email, the internet, the world wide web or any data storing utility on the

School’s computer system and/or network;

19. Divulging of allocated usernames and/or passwords to any third party or employee or allowing an employee

or a third party to use a username and/or password with malicious intent, except with the express permission

of the School’s management.

20. Unauthorized use of private software on the School’s computers or downloading and/or unauthorized copying

of the School’s and other software for home and/or external use;

21. Use of defamatory, abusive or objectionable language in either public or private communication;

22. Recurrent and/or unjustified activities that cause congestion and/or disruption of the School’s communication

networks and systems (e.g. large email attachments, chain letters or graphics);

23. Negligent misconduct in relation to computers and/or software technology;

24. Failing to maintain a disciplined working environment

25. Spending unauthorized and/or excessive time on the School’s telephones (including cellular telephones), the

internet, email, short message services (SMS) or other communication systems for non-business purposes.




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17.3 SCHEDULE III– LESS SERIOUS MISCONDUCT

1. Late arrival at work for duties

2. Loitering and deliberate time wasting

3. Sleeping or taking a nap on duty

4. Extended breaks and lunch

5. Failure to meet work standard

6. Failure to inform your supervisor on late coming or absence from work

7. Failure to clock in or out

8. Absent for one day without informing your manager or supervisor

9. Negligently or forgetting employers’ property or equipment in an area where it could easily be damaged or stolen

10. Leaving work incomplete

11. Raising voice when speaking to fellow employees in a disrespectful manner

12. Refusing to work overtime when reasonably asked to do so

13. Failure to attend training when scheduled and agreed to attend one

14. Failure to adhere to hygiene standard

15. Using the wrong tool for good reasons, such as using fire horse pipe for washing cars, grass watering etc.

18 AMENDMENTS

The School reserves its right to amend the procedure from time to time and in line with procedure considerations and legal

developments.

19 PROCEDURE ENDORSEMENT

School Director Human Resources




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Date Date

Documents

HR PROCEDURES EMPLOYEE DISCIPLINARY CODE OF …