HOW TO PROVE YOUR CASE


Your name

Position

Nature of the business and industry

 Does the employee work on other sites?

Employee’s position
 Senior / Junior
 Is the employee in a position of trust?

Years of service

Disciplinary record
 To confirm awareness of the rule.

Duties and responsibilities

 This is important for charges relating to negligence / intoxication / health and
safety related offences / dishonesty.

Charges against the Employee

 Only lead evidence related to the charges.

What is the rule / standard / policy relating to this type of misconduct?

 Is the employee aware of the rule or could he / she reasonably be expected to
have been aware of the rule or standard;
  Many of the universal rules flow from the contract of employment /
disciplinary code / policies / health and safety manual.

Is this rule valid and reasonable?

Was the Employee aware of the policy / standard / or could he / she

reasonably be expected to have been aware of the rule or standard?
 How: employment contract / disciplinary code / policy / common sense.

Evidence relating to the misconduct

 Time and date;
 All documentary evidence must be presented;
 The employee’s behaviour must be explained.

Has the rule been consistently applied

 Consistency is the hallmark of substantive fairness;
 An employer cannot treat its employees differently, consistency is key;
 All rules / standards must be applied fairly.

Why is dismissal an appropriate sanction (factors to consider)

 Importance of the rule;
 Nature of the offence: trust / negligence / health and safety;
 Where did the misconduct occur, who was affected by it and who witnessed
the misconduct;
 Seriousness of offence;
 Effect of misconduct on the trust / employment relationship;
 Years of service;
 Disciplinary record;

Item 4 of the Code of Good Practice in the LRA states the following: "Generally, it is
not appropriate to dismiss an employee for a first offence, except if the misconduct is
serious and of such gravity that it makes a continued employment relationship
intolerable.

Examples of serious misconduct are: gross dishonesty, wilful damage to the property
of the employer, wilfully endangering the safety of others, physical assault on the
employer or a fellow employee, client or customer, and gross insubordination. Each
case should be judged on its own merits, a dismissal might not be fair if it does not
meet the requirements of section 188 of the LRA."

Why would a final written warning not be sufficient?

 Progressive discipline exhausted;
 Nature of offence and effect thereof on the trust / employment relationship.

What operational consequences did the incident have on the company

/ fellow employees
 Loss of a contract;
 Occurred in front of fellow employees / affected fellow employees.

Explain the impact the misconduct had on the employment relationship

(Could you work this the employee if he / she is reinstated)

 Nexus between misconduct / employee / trust or employment

relationship
 There must be evidence directly linked to the employee, his / her position, the
specific misconduct and the specific effect thereof on the trust relationship or
employment relationship.

WHEN DECIDING THE APPROPRIATENESS OF A DISMISSAL IT REQUIRES CONSIDERATION

OF THE OPERATIONAL CONTEXT OF THE MISCONDUCT AS WELL AS THE OPERATIONAL
CONSEQUENCES THEREOF.
 Initiator statement – Absence

The employee undertook to be at work as per his / her employment contract,

he / she was therefore obligated to be at work yet the he / she was absent
from work on (date), he / she never informed us of his / her absence nor has
he / she given us a good reason for his / her absence nor did he / she have
permission to be absent, his / her absence is therefore unjustified (Hand in
clock cards, employment contract).

We have an absenteeism policy which sets out the steps an employee must
follow when he / she is not going to be at work. These steps were not followed
by the employee (Hand in the absenteeism policy).

The employee is aware of the rules regarding absence, he / she underwent

induction when he / she stared working at the company, and further that a
contract implementation was also done on (date). Furthermore, it makes
common sense to inform your employer if you will be absent.

Absenteeism might be seen as a minor offence but it has severe consequences

if the employee is in a crucial position and if he / she is not at his / her
workstation it has a very serious impact on production. This is also aggravated
by the fact that the employee did not inform us of his / her intended absence
so we were short staffed and had to remove another employee from his / her
workstation to fill in. The employer was therefore prejudiced.

Being at work is extremely important to the productivity of this company, if we

cannot rely on our employees to be at work, we cannot guarantee productivity
to our clients.

This type of offence is dealt with progressively but clearly the employee is not
learning from his / her mistakes, and had made the employment relationship
intolerable.
 ATTENDANCE AND ABSENTEEISM POLICY

SCOPE AND PURPOSE OF POLICY

This policy applies to all employees in the workplace.
This policy regulates all aspects of attendance at the workplace and is intended to
prevent / reduce any conduct that may in any manner be detrimental to the efficient
operation of the company which may result in a loss / lack of productivity.
It is an essential part and requirement of the employment relationship / the employee’s
conditions of employment that all employees report for duty as contractually agreed /
as regulated by the employer by means of a work schedule / roster. It if further
essential that all employees report for duty on time and whilst at work during the
execution of their duties, that they conduct themselves in a manner that will enhance
their efficiency and productivity in the workplace.
Absenteeism negatively impacts on the effective and efficient production / output
capacity of the company.

ABSENTEEISM AND APPLICATIONS FOR LEAVE

1. Definition: Absenteeism is any instance where an employee is absent from
the workplace without authority or permission from the employer or any
other authorised person. This applies to any day that is an ordinary working
day for the employee.

2. Employees are prohibited from absenting him / herself from work without
the prior authorisation and permission of the employer. An employee who
requires time off from work must complete an application for leave form at
least _______ days before the date(s) of intended absence.

3. The completed application must be submitted to his / her immediate

supervisor / line manager for consideration.

4. An employee may only take leave on the requested day(s) if such leave / is
approved and the employee is in possession of a signed leave form from
the employer / any other authorised person indicating in writing that the
leave is approved.

5. In instances where the employee is unable to apply for leave in advance

due to an unforeseen event / happening, the employee must immediately
notify his / her supervisor / line manager of the reason for his / her intended
absence, for example, absence due to family responsibility leave / an
emergency. The employee must in such instances however, still complete
an application for leave form for the period of absence immediately upon his
/ her return to work. Completing the leave application form does not mean
that the employee’s absence becomes authorised. The employer/
 authorised person will assess the application for leave. The application may
be approved and upon approval the leave will be deemed as authorised.
Conversely, the application may be declined which may result in the
employee not receiving payment for the day(s) he / she applied for. The
employer is entitled to consider disciplinary action against the employee in
such circumstances.

6. Absenteeism without legitimate reason / the relevant proof where required,

will result in the employee not being paid for the days in question, and will
further not preclude the employer from taking disciplinary action against the
employee in such instances where the circumstances justifies disciplinary
action being instituted.

7. Should an employee find that they are unable to attend work on any
particular day, and no prior authority has been obtained, then the employee
is required to notify his / her immediate supervisor or other authorized
person before _______ am on the day in question, of the reason(s) for the
absence and his / her expected date of return to work.

8. Absence by an employee on any date(s) after permission has been refused

will be viewed in a serious light and as a direct disregard for the authority of
the employer.

LATE COMING
1. Definition: Late coming is defined as the arrival of the employee at the
workplace after the time that the employee is required to start work on any
ordinary working day.

2. It is the employee’s duty to ensure that he / she arrives at the workplace on

time.

3. The employee must inform his / her immediate supervisor / line manger as
soon as possible after becoming aware that he / she will not report to work
on time. The duty to inform is essential to enable the employer to make the
necessary operational adjustments to ensure that the workplace is disrupted
as little as possible.

4. Employees are expressly made aware that informing your supervisor /

manager that you will be late does not grant you permission to be late unless
expressly agreed otherwise in advance.

5. Each instance of late coming will be dealt with on the merits and
circumstances of each case. The continued / repeated late coming due to
trains, taxis, buses / any other mode of transport being late will not be
accepted / tolerated by the employer. If the employee realises / becomes
aware that a specific mode of transport is unable to bring him / her to the
 workplace on time, the duty is on the employee to make alternative transport
arrangements / utilise another mode of transport.

REGULATION OF WORKING HOURS AND OVERTIME

1. The employee shall work the normal / ordinary working hours as stipulated
in his / her contract of employment, or as regulated by a work schedule /
roster determined by the employer. Compliance with such hours is
enforceable.

2. It is essential that all employees realise that the nature of the business may
require that employees work overtime from time to time.

3. The requirement to work overtime will be communicated in advance and the

employee will as far as practically possible, be given reasonable notice
when overtime will be required.

4. Employees must notify their immediate superior if any overtime is required,

to enable proper records to be kept and arrangements to be made.

5. Employees will be paid for overtime worked at the overtime rate prescribed
by law, alternatively subject to the discretion of the employer will be granted
the required paid time off for overtime worked.

6. An employee will only be remunerated / granted paid time off for overtime
worked if such work was approved by the employer. Any time worked in
excess / beyond the ordinary working hours of the employee without the
permission / authorisation of the employer will not be treated / remunerated
as overtime or time worked.

7. Failure by an employee to report for overtime work after he / she has agreed
to work such overtime will not be tolerated by the employer and will amount
to misconduct.

LEAVING THE WORKPLACE / WORK STATION WITHOUT PERMISSION, SITE

AND POST DESERTION
No employee may leave the workplace, work station, or the site or post where he / she
was placed at during working hours without permission of the employer / any other
authorised person.
Should the employee be employed as a security guard, he / she is prohibited from
leaving his / her post or the site where he / she was placed at even at the conclusion
of his / her shift unless a reliever is present to relieve him / her from shift and only after
a complete hand over of the site was done.
REPORTING FOR DUTY TIMEOUSLY AFTER A MEAL INTERVAL, REST PERIOD
/ BREAK
The employee is required to report back to the workplace or his / her work station on
time after a meal interval or authorised rest period. The employee is prohibited from
taking unauthorised and extended lunch, smoke, tea or rest intervals and doing so will
amount to misconduct. The employee will in addition to being disciplined for such
conduct, not be remunerated for any extended meal, tea or rest interval.

DESERTION FROM THE WORKPLACE

1. Definition: Desertion is defined as the instance where an employee has
been absent from the workplace for a continuous period of at least five
consecutive working days without permission / authorisation and without
informing the employer of his / her reasons for absence and expected date
of return to the workplace, and where the employee by means of his / her
conduct, displays no intention of returning to work

2. Should the employee fail to report for duty for more than five consecutive
working days, without informing the employer of his / her reason(s) for
absence and expected date of return to the workplace, the employee will be
deemed to have deserted his / her employment.

3. The procedure will be for the employee’s immediate supervisor / line

manager to attempt to establish contact with the employee via telephone,
text messaging / other similar means to determine the reason(s) for his / her
absence and when the employee intends to return back to work.

4. Should all attempts made by the employee’s immediate supervisor / line

manager to contact the employee be unsuccessful, the employer may
proceed to embark on a formal desertion process.

5. This desertion process entails the employer / any person authorised to do

so, writing a letter to the employee instructing the employee to return to the
workplace / to contact the employer immediately to advise the employer of
when he / she will be reporting for duty.

6. Should the employee fail to so, his / her absence will be deemed as
desertion. The employer may then proceed to arrange a desertion hearing
for the employee which may lead to his / her dismissal.

7. This letter / written notice referred to above, may either be hand delivered
to the employee personally, or sent via registered mail to the last known
address the employer has on record for the employee in question.
GENERAL
1. Any breach / non-compliance with any of the provisions stipulated above will
amount to misconduct and the employee will be disciplined for such
misconduct in accordance with the employer’s disciplinary code and
procedures. The nature of the offence as well as the merits and specific
circumstances of each case will be considered by the employer and will play
a role in determining what the appropriate disciplinary action and / sanction
may be.

2. All employees are expressly informed that compliance with the provisions
of this policy is of paramount importance and failing / refusing to adhere
thereto may lead to the dismissal of the employee in question after a fair
procedure has been followed by the employer.

3. It is thus the employee’s duty to familiarise him / herself with the content of
the above as well as all other policies and rules of the company including
the employer’s disciplinary code. The employee is advised that failing to do
so, will not exonerate him / her from being disciplined on account of a claim
of ignorance of the various rules and polices within the company.

4. Should any aspect of this / any other policy be unclear, or should an

employee have any question relating to this or any other policy / rule in the
workplace, such question or clarity must be obtained from the employee’s
immediate supervisor / line manager, or even the employer directly.

_____________ ____________ _____________

Employer Date Witness

____________ ____________ ______________

Employee Date Witness
 DESERTION DIARY / RECORD OF ABSENCE
DETAILS OF THE EMPLOYER
NAME OF THE EMPLOYER

PHYSICAL ADDRESS

TELEPHONE NUMBER

SUPERVISOR’S NAME

MANAGER’S NAME

DETAILS OF THE EMPLOYEE

NAME OF EMPLOYEE

ID NO

PHYSICAL ADDRESS

CELLPHONE NUMBER

EMAIL

NEXT OF KIN

NEXT OF KIN – CONTACT DETAILS

JOB TITLE

JOB RESPONSIBILITIES

The purpose of the desertion procedure is to get hold of the employee and inform the employee of
their unauthorised absence and that the employee should return to work immediately.
PROCESS BEFORE THE DESERTION LETTER IS SENT – (FIRST 5 DAYS)
Daily attempts should be made in the first 5 days of the employee’s absence before the desertion
procedure is followed.
NOTE: KINDLY TAKE SCREENSHOTS OF ALL CALLS MADE AND SMS’S SENT. THIS EVIDENCE WILL BE
CRUCIAL DURING A DISCPLIANRY HEARING.

DATE AND TIME OF THE WHO MADE THE CALL WHAT WAS THE EMPLOYEES
CALL/SMS RESPONSE
PROCESS AFTER THE DESERTION LETTER IS SENT
Kindly consult with your NEASA office to obtain the correct documentation.

PROCESS DATE AND TIME WHO MADE THE WHAT WAS THE EMPLOYEES
OF THE CALL/SMS CALL RESPONSE

A call and an sms 1 week

after sending the notice.

A call and an sms in the

second week after sending
the notice
A call and an sms the day
before the desertion
hearing.

A call and an sms on the

day but before the start
time of the desertion
hearing.

A last sms informing the

employee after the start
time of the desertion
hearing that he did not
attend the hearing, that he
is still absconding and that
he must return to work
immediately.

NOTE: KINDLY TAKE SCREENSHOTS OF ALL CALLS MADE AND SMS’S SENT. THIS EVIDENCE WILL BE
CRUCIAL DURING A DISCPLIANRY HEARING.

__________________________
Signature of supervisor/manager

__________________________ ________________________
Name of the witness Signature of witness
 Initiator statement – Alcohol

1. Name
2. Position
3. The nature of your business
4. Explain the incident that occurred *facts of the case*

The employee was charged for reporting for duty whilst under the influence of alcohol. The
employee reported for duty on the (date), he / she arrived on site at __________, when he /
she clocked in he / she was breathalysed. The breathalyser detected alcohol so he / she was
escorted to the security office where another breathalyzer was done.

The second breathalyser indicated that the employee was over the allowed limit, the
breathalyser indicated the following _______ (hand in the breathalyser results). The test
was conducted by ________ who is trained to conduct a breathalyser test. The test was
done in presence of ____________.

The breathalyser was also last calibrated on the (date) (hand in the calibration certificate).

A field test was also done which indicated the following: ______ (example: had blood shot
eyes, smelt of alcohol, slurred speech, etc.). This was also witnessed by _________________.

At our workplace we have a zero tolerance policy regarding the use of alcohol; this is also
classified as a dismissible offence in terms of our disciplinary code. The employees receive
induction training on site which confirms the zero tolerance policy regarding the use of
alcohol. This is also an Occupational Health and Safety transgression (Hand in the alcohol
Policy, Employment contract and Disciplinary code).

The employee was aware of the zero tolerance policy, he / she underwent induction when
he / she stared working at the company, and further, contract implementation was also
done on the (date).

The General Safety Regulation 2A of the Occupational Health and Safety Act, requires that
“an employer or a user, as the case may be, shall not permit any person who is or who
appears to be under the influence of intoxicating liquor or drugs, to enter or remain at a
workplace.” Furthermore, that “no person at a workplace shall be under the influence of or
have in his or her possession or partake in or offer any other person intoxicating liquor or
drugs.” In addition, that, “an employer or a user, as the case may be, shall, in the case
where a person is taking medicines, only allow such person to perform duties at the
workplace if the side effects of such medicine do not constitute a threat to the health or
safety of the person concerned or other persons at such workplace.”

Our company cannot tolerate this type of behaviour, as this is a safety risk for the company
in that the employee’s abilities are impaired and his / her sense of judgment might be
affected. The employee placed himself / herself and the company at risk. If the employee
got injured, this would have severe financial consequences for the company for example: a
possible injury on duty or a repudiation of an insurance claim. The employee’s behaviour
has severely impacted the employment relationship.

Our zero tolerance policy is extremely important as this protects our employees from
possible harm. The nature of the offence is serious, and goes to the heart of health and
safety; he / she knowingly contravened this policy after being informed about the zero
tolerance policy.

The employee’s (has a high risk job/ in a senior position / etc) actions could have had severe
consequences which could have led to severe harm to the company, his / her actions have
damaged the employment relationship beyond a level of repair.

Management is seeking the harshest sanction possible as being lenient on these types of
misconducts would send the wrong message. Due to the employee’s conduct we cannot
work with him / her anymore, he / she has irreparably damaged the employment
relationship.
Policy on Consumption of Alcohol or substances having a narcotic producing affect

The consumption of alcohol or beverages containing alcohol, or any substance having a

narcotic producing effect but not limited to the aforementioned, during working hours, or
outside of working hours is forbidden if:

(a) it is likely to affect the employees ability to perform job functions correctly;
(b) it is likely to impair the employee’s judgment or co-ordination;
(c) it is likely to have any effect on the employee that may be construed as unusual
behaviour, or behaviour that is out of character, or behaviour that is socially
unacceptable, or behaviour that is found objectionable or unacceptable by other
employees in the workplace.

Notwithstanding the abovementioned the General Regulations part of the Occupational

Health and Safety Act pronounce itself that no person are allowed to enter the premises if
suspected to be under the influence of any of the abovementioned substances. The
Company wishes to iterate our position that we will use this as a strict guideline and apply a
policy of zero tolerance.

It is possible for the consumption of such substances to take place outside of working hours
and away from company premises, but still have an adverse effect on the company. Such
instances would be an employee who has had “too much to drink” bad-mouthing the
employer at a social gathering attended by the employer’s clients or suppliers, or an
employee disclosing confidential information such as pricing or discounts to a client at such a
social gathering, and so on.

It could be any such circumstances of unacceptable behaviour by the employee, which trust
element in the employment relationship.

Any such instances, and also any that may not have been mentioned above but which fall
generally into this category, shall constitute grave misconduct and shall be addressed by
disciplinary action which may result in the dismissal of the guilty employee, even on a first
offense.

The employer is permitted legally to ask an employee to take a breathalyzer test if any
employee is suspected of having consumed alcoholic beverages during working hours, or
outside of working hours but which is having an adverse effect on the work relationship at
the time.

Employees have the right to refuse to take such a test.

If an employee is suspected of having consumed any alcoholic or narcotic substance, and

when confronted denies that he/she has consumed any alcoholic or narcotic substance, and
the employee refuses to undergo a breathalyzer test when offered the opportunity to do so,
such refusal may be seen as an aggravating factor, because the offering of such an
opportunity by the employer to the employee is in fact an offer of opportunity for the
employee to prove their innocence.

Generally, the first offence may result in a final written warning, but if it is serious, dismissal
may result even on a first offense.

There is no legal obligation on the employer to offer assistance to any employee who may be
addicted to alcohol or any narcotic substance.

Any such assistance that may be offered is at the sole discretion of the employer.

Should such assistance be offered, it shall be offered once only. If the offer is refused by the
employee or if the offered assistance proves ineffectual, then such assistance shall not be
offered a second time.
Policy on the use of Cannabis (dagga)

The General Safety Regulation 2A of the Occupational Health and Safety Act, requires that
“an employer or a user, as the case may be, shall not permit any person who is or who
appears to be under the influence of intoxicating liquor or drugs, to enter or remain at a
workplace.” Furthermore, that “no person at a workplace shall be under the influence of or
have in his or her possession or partake of or offer any other person intoxicating liquor or
drugs.” In addition, that, “an employer or a user, as the case may be, shall, in the case where
a person is taking medicines, only allow such person to perform duties at the workplace if the
side effects of such medicine do not constitute a threat to the health or safety of the person
concerned or other persons at such workplace.”

Should cannabis be detectible in an employee’s urine, blood or saliva he or she will be

considered to be under the influence thereof.

An employee will not be allowed to enter the workplace whilst under the influence of
cannabis or in possession of thereof.

The consumption of any substance, including cannabis, having a narcotic producing effect
on a person during working hours, or outside of working hours is forbidden if:

(a) it is likely to affect the employee’s ability to perform job functions correctly;
(b) it is likely to impair the employee’s judgment or co-ordination;
(c) it is likely to have any effect on the employee that may be construed as unusual
behaviour, or behaviour that is out of character, or behaviour that is socially
unacceptable, or behaviour that is found objectionable or unacceptable by other
employees in the workplace.

The employer may upon visual evaluation of an employees, speech, movement, balance,
expression, reasonably require an employee to take a urine, saliva and/or blood test if any
employee is suspected of having consumed narcotic substances, including cannabis during
working hours, or outside of working hours, which have an adverse effect on the work
relationship at the time. If the employee tests positive, the employee will be sent home
immediately and the principle of "no work, no pay" shall apply. Random testing may also be
done by the employer.
The Company wishes to iterate its position that it will use these as strict guidelines and apply
a policy of zero tolerance in instances of obvious and subtle intoxication as outlined above.

If an employee is suspected of having consumed (or by means of any other method)

cannabis in whichever form, and when confronted denies that he or she has consumed
cannabis or any other narcotic substance, and the employee refuses to undergo a test when
offered the opportunity to do so, such refusal may be perceived as an aggravating factor.
The rationale behind this perception is that the offering of such an opportunity by the
employer is in fact an offer of an opportunity for the employee to prove his or her innocence.

It is the employee’s responsibility to ensure that the addiction to cannabis or medication

which might have an effect on the outcome of testing must be declared to the employer
immediately upon realisation of the addiction and or prescription of such medication.

There is no legal obligation on the employer to offer financial assistance to any employee
who may be addicted to cannabis or any other narcotic substance who intends to be
rehabilitated. The employer will however allow reasonable time off for any employee who
agrees to attend a rehabilitation facility, and such time off shall be at the employer’s
discretion with due regard to the prevailing internal policies (if any) and statutory provisions
pertaining to leave of any nature.
 Alcohol Checklist

Note this form is to be completed by the employee’s supervisor /

manager.

1. Have a witness present.

2. Allow the shop steward to be present (if applicable).
Employee’s name

Employee number

Job title

Supervisor

Department

Management Witness

Shop steward (if applicable and

present)
Date

Time

Observations:

Breath smells of liquor Strongly

Faintly
No smell
Speech slurred Yes
No
Movement of limbs are Uncoordinated
Normal
Movement / Balance Uncontrolled
Normal

Eyes are Bloodshot

Normal

Employee’s expression Dazed

Normal

In my opinion the employee is Yes

under the influence of alcohol No

In my opinion the employee could Yes

endanger his safety and / or the No
safety of other workers

Is the employee fit to perform his / Yes

her duties? No

If you have concluded that the employee is under the influence then an
alcohol test should be done.

General comments:

___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________

____________________________ _______________________
Supervisor Management witness
Alcohol Testing

The purpose of the test is to grant the employee an opportunity to

establish a line of defence against the allegations that he / she is under
the influence.
A negative reading will probably indicate that he / she is not under the
influence.
A positive reading may be used as evidence in support of the conclusion
that he / she may be under the influence.
Should he / she not take the test, or fail to follow the test correctly, it
must be explained that he / she is losing his / her only opportunity to
establish a defence.
Under no circumstances must the employee be forced to take the test.

Does the employee agree to the test?

YES NO

TO BE COMPLETED BY THE PERSON WHO CONDUCTED THE TEST

Name: ________________________

The result was:

Positive Negative
___________________________________________________________
___________________________________________________________
___________________________________________________________

Signature: ___________________________
Time and date: ___________________________
 DISCIPLINARY CODE / DISSIPLINÊRE KODE

DISHONESTY & TRUST RELATED OFFENSES / ONEERLIKHEID & VERTROUENS VERWANTE OORTREDINGS

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Submitting false documentation,
information or CV during SERIOUS HEARING
application for employment

Voorlegging van vals

dokumentasie, inligting of ERNSTIG VERHOOR
getuigskrif tydens aansoek om
betrekking
2. Submitting of false information
regarding previous misconduct SERIOUS HEARING
or criminal offences

Verskaffing van vals inligting

met betrekking tot vorige ERNSTIG VERHOOR
wangedrag of kriminele
oortredings
3. Gross Dishonesty SERIOUS HEARING

Growwe Oneerlikheid ERNSTIG VERHOOR

4. Giving false evidence or making
of a false statement SERIOUS HEARING

Aflê van vals getuienis of die ERNSTIG VERHOOR

maak van ’n vals verklaring
5. Submitting a false medical
certificate SERIOUS Final Written Warning / Hearing HEARING

Indiening van ’n vals mediese ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

sertifikaat Verhoor
6. Revealing of confidential
information to unauthorized SERIOUS Final Written Warning / Hearing HEARING
persons

Openbaarmaking van ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

vertroulike inligting aan Verhoor
ongemagtigde persone
7. Submitting of false information
to obtain family responsibility SERIOUS Final Written Warning / Hearing HEARING
leave

Verskaffing van vals inligting ten ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR
einde gesinsverantwoorde- Verhoor
likheid verlof te verkry
8. Affecting false entries in the
attendance or other registers SERIOUS Final Written Warning / Hearing HEARING

Maak van vals inskrywings in ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

die aanteken- / ander registers Verhoor
9. Any conduct affecting the
employer / employee SERIOUS Final Written Warning / Hearing HEARING
relationship detrimentally

Enige gedrag wat die ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

werkgewer / werknemer Verhoor
verhouding nadelig raak
10. Pretending to be ill to obtain
exemption from duty SERIOUS Final Written Warning HEARING

Voorgee om siek te wees ten

einde vrystelling van diens te ERNSTIG Finale Skriftelike Waarskuwing VERHOOR
kry

ATTENDANCE & TIME RELATED OFFENCES / BYWONING EN TYD VERWANTE OORTREDINGS

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Desertion SERIOUS HEARING

Dros ERNSTIG VERHOOR

2. Participation in an unprotected
strike SERIOUS HEARING

Deelname aan ’n onbeskermde ERNSTIG VERHOOR

staking
3. Failing to report for overtime
duties LESS SERIOUS Written Warning Final Written Warning HEARING

Versuim om vir oortyd aan te MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
meld ERNSTIG
4. Abuse of sick leave LESS SERIOUS Written Warning Final Written Warning HEARING

Misbruik van siek verlof MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
ERNSTIG
5. Absent from work without good
reason / leave LESS SERIOUS Written Warning Final Written Warning HEARING

Afwesig van die werk sonder MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
goeie rede / verlof ERNSTIG
6. Fails to inform employer of
absence / expected date of MINOR Verbal Warning Written Warning Final Written Warning (then
return HEARING)

Versuim om werkgewer van GERING Mondelinge Waarskuwing Skriftelike Waarskuwing Finale Skriftelike Waarskuwing
afwesigheid / datum van (dan VERHOOR)
verwagte terugkeer in te lig
7. Failure to return for duty
timeously after lunch or tea MINOR Verbal Warning Written Warning Final Written Warning (then
breaks HEARING)

Versuim om betyds vir diens GERING Mondelinge Waarskuwing Skriftelike Waarskuwing Finale Skriftelike Waarskuwing
aan te meld na etens- en teetye (dan VERHOOR)
8. Reporting late for duty; Absent
from the workplace; Leaving the MINOR Verbal Warning Written Warning Final Written Warning (then
workplace early / without HEARING)
permission

Meld laat aan vir werk; Afwesig GERING Mondelinge Waarskuwing Skriftelike Waarskuwing Finale Skriftelike Waarskuwing
van die werksplek; Verlaat die (dan VERHOOR)
werksplek vroeg / sonder
toestemming

*DEPENDING ON MERITS* SERIOUS Final Written Warning HEARING

*AFHANGENDE VAN MERIETE* ERNSTIG Finale Skriftelike Waarskuwing VERHOOR
(Security Industry ext./ Sekuriteit
Industrie ens.)

OFFENCES RELATING TO CONDUCT TOWARDS EMPLOYER; CO-EMPLOYEES; PUBLIC /

OORTREDINGS VERWANT AAN GEDRAG TEENOOR DIE WERKGEWER; MEDE-WERKERS; PUBLIEK

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Assaulting a co-employee / SERIOUS HEARING
Fighting in the workplace

Aanranding van mede-werker / ERNSTIG VERHOOR

Bakleiery in die werksplek
2. Gross Insubordination SERIOUS HEARING

Growwe minagting van die ERNSTIG VERHOOR

gesag van die werkgewer
3. Sexual Harassment SERIOUS HEARING

Seksuele Teistering ERNSTIG VERHOOR

4. Intimidation and/or incitement of
co-employees SERIOUS Final Written Warning / Hearing HEARING

Intimidasie en/of aanhitsing van ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

mede-werknemers Verhoor
5. Insulting, abusive, obsene or
racial language, communication
or behavior towards employer, SERIOUS Final Written Warning / Hearing HEARING
co-worker or client

Beledigende, lasterlike, obsene

of rassistiese taalgebruik, ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR
kommunikasie of optrede Verhoor
teenoor werkgewer, mede-
werker of kliënt
 6. Any action detrimental to the
interests of the employer SERIOUS Final Written Warning / Hearing HEARING

Enige optrede wat die belange ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR
van die werkgewer nadelig raak Verhoor
7. Intentional endangering of
other’s safety SERIOUS Final Written Warning / Hearing HEARING

Opsetlike ingevaarstelling van ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

ander se veiligheid Verhoor
8. Adopting an insolent attitude
towards any superior / employer SERIOUS Final Written Warning HEARING

Inneem van ’n onbeskofte of

disrespekvolle houding teenoor ERNSTIG Finale Skriftelike Waarskuwing VERHOOR
enige meerdere / die werkgewer

9. Fails / refuses to comply with

any lawful instruction from SERIOUS Written Warning / Final Written Final Written Warning / Hearing HEARING
employer Warning
Finale Skriftelike Waarskuwing / VERHOOR
Versuim / weier om enige ERNSTIG Skriftelike / Finaal Skriftelike Verhoor
wettige instruksie na te kom Waarskuwing
10. Display discourtesy towards any
person / client in the execution LESS SERIOUS Written Warning Final Written Warning HEARING
of duties

Onbeleefdheid toon teenoor MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
enige persoon / kliënt in die ERNSTIG
uitvoering van pligte
11. Distribution of inappropriate,
obsene or degrading LESS SERIOUS Written Warning Final Written Warning HEARING
publications

Verspreiding van onbehoorlike, MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
obsene of vernederende ERNSTIG
publikasies
12. Using of inappropriate, obsene
or degrading language LESS SERIOUS Written Warning Final Written Warning HEARING

Gebruik van onbehoorlike, MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
obsene of vernederende taal ERNSTIG

DUTY RELATED OFFENCES / DIENS VERWANTE OORTREDINGS

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Negligence in the performance
of duties LESS SERIOUS Written Warning Final Written Warning HEARING

Nalatigheid in die uitvoering van MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
pligte ERNSTIG
2. Fails to comply with his/her
duties and/or responsibilities LESS SERIOUS Written Warning Final Written Warning HEARING

Versuim om sy/haar pligte en/of MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
verantwoordelikhede na te kom ERNSTIG
3. Fails to comply with any
provisions contained in the LESS SERIOUS Written Warning Final Written Warning HEARING
policy of the employer

Versuim om enige bepaling MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
vervat in die beleid van die ERNSTIG
werkgewer na te kom
4. Sleeping while on duty LESS SERIOUS Written Warning Final Written Warning HEARING

Slaap aan diens MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
ERNSTIG

*DEPENDING ON MERITS* SERIOUS Final Written Warning HEARING

*AFHANGENDE VAN MERIETE* ERNSTIG Finale Skriftelike Waarskuwing VERHOOR
(Security Industry ext./ Sekuriteit
Industrie ens.)
5. Indolent and slow work MINOR Verbal Warning Written Warning Final Written Warning (then
HEARING)
Traag & stadige werk GERING Mondelinge Waarskuwing Skriftelike Waarskuwing Finale Skriftelike Waarskuwing
(dan VERHOOR)
ABUSE, MISUSE OR NEGLIGENCE RELATED OFFENCES / MISBRUIK OF NALATIGHEID VERWANTE OORTREDINGS

A PROPERTY / EIENDOM

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Intentional / Grossly negligent
causing of damage to the
employer, co-worker or client of SERIOUS HEARING
the employer

Opsetlike / Growwe nalatige ERNSTIG VERHOOR

veroorsaking van skade aan die
werkgewer, mede-werker of
kliënt van die werkgewer
2. Unauthorized use and/or abuse
of telephones or internet
facilities which results in the SERIOUS HEARING
irreparable breakdown in the
employment relationship

Ongemagtigde gebruik en/of

misbruik van telefoon of internet ERNSTIG VERHOOR
fasiliteite wat die onherstelbare
verbreking van die
werksverhouding veroorsaak
3. Causing of damage due to
negligence LESS SERIOUS Written Warning Final Written Warning HEARING

Nalatige veroorsaking van MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
skade ERNSTIG
4. Unauthorized use of property
belonging to the employer or a LESS SERIOUS Written Warning Final Written Warning HEARING
client of the employer

Ongemagtigde gebruik van MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
eiendom van die werkgewer of ERNSTIG
’n kliënt van die werkgewer
5. Misuse of telephones for private
purposes LESS SERIOUS Written Warning Final Written Warning HEARING

Misbruik van telefone vir privaat MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
doeleindes ERNSTIG
6. Unauthorized use and/or abuse
of telephone or internet facilities LESS SERIOUS Written Warning Final Written Warning HEARING

Ongemagtigde gebruik en/of MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
misbruik van telefoon en/of ERNSTIG
internet fasiliteite

B SUBSTANCES / MIDDELS

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Possession of illegal drugs
and/or substances while on duty SERIOUS Final Written Warning / Hearing HEARING

Besit van verbode / onwettige ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR

dwelm of middels terwyl aan Verhoor
diens
2. Reporting for duty while under
the influence of liqour / narcotics
or the use of alcohol / narcotics SERIOUS Written Warning / Final Written Final Written Warning / Hearing HEARING
while on duty Warning / Hearing

Aanmeld vir diens terwyl onder

die invloed van drank / ERNSTIG Skriftelike Waarskuwing / Finale Finale Skriftelike Waarskuwing / VERHOOR
verdowingsmiddels of gebruik Skriftelike Waarskuwing / Verhoor
van drank / verdowingsmiddels Verhoor
terwyl aan diens

*DEPENDING ON MERITS*
*AFHANGENDE VAN MERIETE*
OCCUPATIONAL HEALTH & SAFETY OFFENCES / BEROEPS VEILIGHEID & GESONDHEIDSOORTREDINGS

NATURE OF OFFENCE CATEGORY GUIDELINES WITH REGARD TO ACTION STEPS OF EMPLOYER

AARD VAN OORTREDING KATEGORIE RIGLYNE MET BETREKKING TOT AKSIE STAPPE DEUR WERKGEWER
FIRST OFFENCE SECOND OFFENCE THIRD OFFENCE
EERSTE OORTREDING TWEEDE OORTREDING DERDE OORTREDING
1. Intentional or reckless
interference with health and SERIOUS Final Written Warning / Hearing HEARING
safety measures or the serious
abuse of health and safety
equipment

Opsetlike of roekelose
inmenging met veiligheids- en ERNSTIG Finale Skriftelike Waarskuwing / VERHOOR
gesondheids-maatreëls of die Verhoor
ernstige misbruik van veiligheid
en gesondheidstoerusting
2. Negligence regarding health
and safety, non-compliance with LESS SERIOUS Written Warning Final Written Warning HEARING
a safety or health measure or
with a lawful instruction
regarding health and safety or
failure to report an incident or
unsafe situation

Nalatigheid met betrekking tot

veiligheid en gesondheid, MINDER Skriftelike Waarskuwing Finale Skriftelike Waarskuwing VERHOOR
versuim om ‘n wettige instruksie ERNSTIG
met betrekking tot veiligheid en
gesondheid na te kom of
versuim om ‘n insident of
onveilige toestand te rapporteer

NOTE: The Disciplinary Code and Action steps to be taken, as well as the
categorization of offences above, are merely guidelines and may in its
application differ due to the variation of the merits and circumstances of each
individual case.

NOTA: Die Dissiplinêre Kode en die Aksie stappe, sowel as die kategorisering van
oortredings hierbo, is slegs riglyne en mag in hul toepassing verskil, weens
variasie in die meriete en omstandighede van elke individuele geval.