Manual - guide - employment

1 W Volume Company Name EMPLOYMENT POLICY MANUAL C O M PA N Y N A M E HUMAN RESOURCES POLICIES AND PROCEDURES © Adv. V. Rajoo Table of Contents NO T ICE 1. Scope 2. Objective 3. Background 4. Procedure 5. Sanctions 6. Disciplinary record 7. Suspension prior to hearing 8. Poor work performance, incapacity and ill health 9. Discrimination and harassment 10. Schedule of standards, offences and penalties CHAPT ER 1 GENERAL PO L ICY T ERM S 1. Annual leave 2. Sick leave 3. Compassionate leave 4. Maternity leave 5. Study leave 6. Financial assistance towards study expenses 7. Special leave 8. Unpaid leave 9. Public holidays 10. Overtime 11. Attendance register 12. Staff meetings 13. Clothing and dress code 14. Transport 15. Transfers 16. Freedom of Association 17. Searching 18. Medical examinations, breathalyzer tests and polygraph tests 19. Privacy 20. Property of the company 21. Health and safety 22. Smoking 23. Alcohol consumption 24. Telephone calls 25. Acceptance of gifts 26. Collections, donations and literature 27. Confidentiality 28. Company protection 29. Competitive/part-time employment 30. Bonuses 31. Pension 32. Medical aid 33. Indemnity 34. Promotion, incentives and rewards CHAPT ER 3 GRIEVAN CE PRO CED U RE 1. Scope 2. Objective 3. Background 4. Definitions 5. Grievance procedure 6. Procedural aspects 7. Preventing grievances CHAPT ER 2 D IS CIPL INARY PRO CED U RE NOTICE A copy of this manual must be submitted to each employee immediately upon commencement of employment or prior to entering into an employment contract with New-Era Telecoms. This document or its subsequent amendments shall constitute an authoritative source in the event of any relevant dispute arising subject only to the prevailing law. 1 General Policy T erms Chapter 3 1. Annual leave Permanent employees of the company are entitled to a yearly paid holiday (annual leave) of three (3) consecutive weeks. The leave entitlement of three (3) consecutive weeks excludes public holidays. If a public holiday falls on a day during an employee’s annual leave on which the employee would ordinarily have worked, the employee will be granted an additional day of annual leave. The aforementioned annual leave will be granted after completion of a period of twelve (12) months in the employ of the company. This is to be known as the employee’s leave cycle. The aforementioned leave cannot be accumulated for longer than six (6) months after the end of the leave cycle in which the leave becomes due. Any leave not taken within the said six (6) months will be forfeited. Fixed term employees are entitled to one (1) day paid leave for every seventeen (17) days the employee worked or was entitled to be paid. The company may grant the employee occasional leave on full remuneration during the employee’s leave cycle, or before the expiry of his/her fixed term of employment, in which event the employee’s entitlement to annual leave will be reduced accordingly. Leave should be applied for by the employee using the prescribed form. Leave will be granted at the sole discretion of the company, at times that are mutually beneficial to the company and the employee. Employees shall report to their direct supervisor as well as the Administration Manager of the company on the last day before taking leave and again when commencing work after the expiry of the period of leave. Leave will not be granted after notice of termination of service has been given, unless the company specifically consents thereto. 2. Sick leave During each period of thirty six (36) months in the employ of the company (the employee’s sick leave cycle) the employee will be entitled to an amount of paid sick leave which will be calculated by multiplying the amount of days/ hours normally worked by the employee during a week by six (6). 4 The aforementioned sick leave entitlement does not apply during the first six (6) months of employment. During the first six (6) months of employment the employee will be entitled to only one (1) day paid sick leave for every twentysix (26) days worked. It should be recognized that sick leave is granted for general illness. Abuse of sick leave is subject to disciplinary action. Should the employee be absent for more than two (2) consecutive days or on more than two (2) occasions during an eight (8)- week period, the employee shall not be entitled to sick leave unless the employee produces a certificate issued by a certified medical practitioner. The certificate must state that the employee was unable to work for the duration of the employee’s absence on account of illness or injury. In the event of protracted illness of more than a week, a certificate by a certified medical practitioner should be produced on a weekly basis. If an employee is absent for longer than his/her normal sick leave entitlement, the employee may request in writing to be granted annual leave during the period of illness. Should annual leave be exhausted, the employee has to apply for unpaid leave. Sick leave is non-cumulative. The employee’s entitlement to sick leave in a specific leave cycle lapses at the end of the sick leave cycle and cannot be carried over to the next leave cycle. The employee’s immediate supervisor should always be notified before 08h00 of each day of expected absence due to illness. The company will be entitled to investigate the extent of the employee’s illness to ascertain whether or not the illness is of a temporary or permanent nature, and what the likely period of absence will be, and to take such reasonable steps it deems fit under the circumstances to avoid disruption of productivity and incurrence of unnecessary expenses. 3. Compassionate leave The company will grant compassionate leave to a maximum of three (3) working days during each annual leave cycle to all employees who work for at least four (4) days per week and who have been in the employ of the company for longer than four (4) months. Compassionate leave will be granted when: 5 The employee’s child is born; The employee’s child is seriously ill; In the case of death of the employee’s spouse or life partner, parent, adoptive parent, grandparent, child, adoptive child, grandchild or sibling. Should the employee require more time, the employee may apply for annual leave. If the latter is exhausted, the employee will have to apply for unpaid leave. Compassionate leave is non-cumulative. The employee’s entitlement to compassionate leave in a specific annual leave cycle lapses at the end of the leave cycle and cannot be carried over to the next leave cycle. An employee who is faced with events that warrant compassionate leave will still be required to notify his/her immediate supervisor before 08h00 of the day of the event of his/her absence, and what the likely period of continued absence will be. 4. Maternity leave All female employees of the company are entitled to four (4) consecutive months maternity leave. Maternity leave will be unpaid, but the company will assist the employee to claim maternity benefits in terms of the Unemployment Insurance Act. The employee must inform the company in writing at least four (4) weeks before the employee intends to commence maternity leave of the date on which the employee intends to commence maternity leave, and the date on which the employee intends to return to work. Maternity leave should commence at least four (4) weeks before the expected date of birth, unless in exceptional circumstances and upon receipt of a certificate by a certified medical practitioner that the employee’s duties during the four (4) weeks will not negatively influence her health, or that of her unborn child. The employee may not return to work earlier than the six (6) weeks after the birth, unless a medical practitioner certifies that the employee is fit to work. Sick leave may only be applied for in respect of complications. Annual leave may be applied for prior to taking maternity leave. 6 5. Study leave The employee may be granted paid study leave, at the sole discretion of the company of up to six (6) working days during each annual leave cycle. Study leave will be considered only if it is to be utilized to obtain educational qualifications that will be to the benefit of the employee in his/her current occupation and/or further development within the company. In the event that the course intended to be undertaken or its equivalent is offered by the SETA (Sectoral Education and Training Authority) to which the company belongs and is registered with, namely, ISETTA, then the employee will be obliged to undertake the same through the SETA, and further, provided that the company is capable of funding the course if it is not free of charge and absence of the employee for the intended period will not adversely affect its operations. All studies, whether part-time or full-time, must be discussed with the company before the studies are embarked upon to plan, amongst other things, minimizing its impact on routine work. Study leave will be granted as follows: One day per examination; One day preceding the examination, except when the examination falls on a Monday or just after a public holiday. 6. Financial assistance towards study expenses Meritorious employees who have served the company on a full-time basis for no less than three (3) years may be granted financial assistance for studies, at the sole discretion of the company. The financial assistance will be in the form of a loan, which may be dealt with as follows: To be repaid in equal monthly instalments by way of a deduction from the employee’s monthly salary, or To be written off after continuous service with the employer for a period of one (1) year after obtaining the relevant qualification. 7 Should the employee be granted the financial assistance, a written agreement of loan will be entered into between the employer and employee. 7. Special leave The employee may be granted special leave, for example in the event of a subpoena to appear in court as a witness, to represent a national sports team or in other exceptional circumstances but only for the duration necessary. The company retains sole discretion in granting special leave. 8. Unpaid leave Unpaid leave may be granted in exceptional circumstances at the sole discretion of the company. Unpaid leave will only be considered when the employee’s regular leave entitlement has been exhausted. Any period of unpaid leave will not be regarded as normal service for purposes of accumulating annual leave or any other benefits, except when the company, at its sole discretion, consents thereto. 9. Public holidays The employee agrees to work on public holidays, if so required by the company. Employees who do work on public holidays will receive double the amount that the employee would ordinarily have received for work. On that day, or the public holiday will be exchanged for any other day which will be fixed by agreement or agreed to between the company and the employee prior to the public holiday in question. 10. Overtime The employee agrees to work such overtime as may be required, subject to the company giving reasonable notice. Overtime will be paid only in the event of the company specifically requiring the employee to work overtime. 8 11. Attendance register Every employee is required to sign the attendance register/time card daily. 12. Staff meetings Staff meetings will be held on a regular basis in order to ensure that professional standards are being met, and in order to furnish employees with pertinent information. Attendance at relevant meetings are inherent requirements of employment with the company. No extra remuneration or overtime will be paid for time spent at the meetings. 13. Clothing and dress code 13.1. Technical employees are generally required to wear special clothing; namely, two piece overalls and safety shoes, which will be bought by the company and maintained by the employees. 13.2. During loading and unloading of equipment and tools, at site and whilst engaged in site-work technical employees shall utilize the relevant safety attire (personal protective equipment) stipulated for each type of work in the safety regulations of the company. 13.3. Management and administrative staff shall use smart casual or formal attire the full extent of which will depend on the nature of work and personal interaction/liaison with external parties notably officials of clients. Reasonable discretion is expected to be exercised by every such affected employee. 13.4. The employee agrees to adhere to the dress code of the company at all times. 14. T ransport 14.1. The employee agrees to arrange is/her own transportation to and from the workplace during normal working hours. 9 14.2. In the event of overtime and the absence of public transport during the relevant time the company will make suitable arrangements for transportation. 14.3. Use of company vehicles for personal use is strictly prohibited unless express permission is granted by the company in exceptional circumstances. The company shall stipulate such terms and conditions for the use of vehicles for private purposes as it deems fit. 14.4. The grant of permission for the use of vehicles for private purposes will not result in the acquisition of a right to use the said vehicles. 14.5. The employee acknowledges that permission to use a company vehicle for private purposes is a privilege which will not be abused. 15. T ransfers 15.1. The employee agrees to work at such place or places as the company may from time to time direct, and the company specifically reserves the right to transfer employees to any of the company’s locations wherever situated. 16. Freedom of Association 16.1. The company subscribes to the principle of freedom of association and the employee is free to join or not to join any organization. 17. Searching 17.1. The employee consents to being searched at any time at the place of employment, or at any place during working hours, by a person or persons designated by the company, provided that female employees be searched by female persons and male employees by male persons. 18. Medical examinations, breathalyzer tests and polygraph tests 18.1. The employee consents to medical examinations, breathalyzer tests and polygraph tests at any time during the employee’s employment with the company, to be administered by a certified medical practitioner or suitably qualified person appointed by the company. 10 18.2. The company will be responsible for the costs pertaining to the aforementioned examinations and tests. 19. Privacy 19.1. The employee consents to the company: 19.1.1. Collecting employee’s personal information from time to time for the company’s personnel administration; 19.1.2. Reasonably disclosing personal information of the employee to third parties in providing references or similar information; and 19.1.3. Reasonably disclosing personal information of the employee when it is required for business reasons or in terms of legislation. 20. Property of the company 20.1. The employee has a duty to protect the company’s property at all times. 20.2. The employee is not entitled to use any property of the company for purposes that are not work related. 20.3. Should the company issue the employee with any clothing, equipment or tools for the purpose of the employee’s work, such items shall at all times remain the property of the company and the employee shall be responsible for safe custody, general maintenance and cleaning thereof. 20.4. Should the employee be in possession of any property of the company upon termination of the employee’s services, the property has to be surrendered to the company immediately upon termination of the employee’s services, or otherwise disposed of as the company may direct. 21. Health and safety 21.1. The company accepts responsibility in terms of the Occupational Health and Safety Act to take all practical steps to ensure healthy and safe systems of work. 21.2. The employee agrees to observe all of the company’s safety procedures set out in the company’s health and safety plan, to adopt healthy and safe 11 work practices, to abide to the company’s smoking policy, and to properly the first aid equipment and supplies provided by the company. 21.3. The employee specifically agrees to promptly report accidents, hazards, potential accidents and potential hazards to the company and to ensure that this recorded in the company’s accident register. 22. Smoking 22.1. Should employees wish to smoke he/she may only do so in designated smoking areas, and only during appropriate times as directed by management. 23. Alcohol consumption 23.1. Alcohol consumption is forbidden during working hours and on company premises. 24. T elephone calls 24.1. The employee shall not make or receive personal telephone or cell phone calls during working hours, except in the event of an emergency, and then only at management’s discretion. 25. Acceptance of gifts 25.1. The employee shall not accept ant benefit, whether in the form of commission, money, gifts or otherwise, from any supplier or other entity connected with the company, without the prior consent of the company. 25.2. An employee’s immediate supervisor shall be informed of any such offer made to the employee. 26. Collections, donations and literature 26.1. The employee will not raise any collection or elicit any donation or distribute any literature which is not work-related, on the premises of the company. 12 27. Confidentiality 27.1. It is envisaged that during the employee’s employment with the company, the employee may and will come into possession of certain confidential information, know-how and other intangible assets belonging to the company. This includes, without limiting the generality of the aforementioned, the company’s evaluation instruments, administrative systems, procedures manuals, computer programs, training materials and/or other intellectual property rights inherent and/or embodied and/or utilized in or in connection with the company’s business. It also includes any other information relating to the business of the company which information may not be readily available to similar entities (“the confidential information”) 27.2. The confidential information mentioned above is the exclusive property of the company and its unauthorized use or disclosure can irreparably harm the company. The employee shall not challenge the validity of the company’s ownership of the confidential information or any of its intellectual property rights in relation to it. 27.3. The employee will use the confidential information solely for the purposes of fulfilling his/her obligations in terms of his/her employment with the company. 27.4. The employee shall during the currency of his/her employment with the company or after termination of his/her employment, maintain the confidential information as confidential and shall not, without the express permission of the company, whether directly or indirectly, copy, reproduce or disclose in whole or in part, the confidential information in any manner whatsoever. 27.5. The employee shall not make any public statement or representation on behalf of the company, except with the company’s prior written consent. 27.6. The employee shall under no circumstances divulge any information with regard to the employee’s own, or any other employee’s, remuneration, benefits or leave arrangements. 28. Company protection 28.1. The employee shall not, except with the company’s express written consent or if he/she is the beneficiary of the company’s promotion, incentive and reward program discussed below, for a period of twelve (12) months after the date of termination of employment with the company: 13 28.1.1. Pursue or attempt to pursue any person whom, during his/her employment with the company was a customer or supplier of the company, to cease doing business with the company or commence doing business with anyone else; 28.1.2. Elicit, attempt to elicit, or do any business or custom with any person or entity referred to in clause 28.1.1. above; 28.1.3. Pursue, induce, elicit, encourage or procure any employee employed by the company to cease such employment or undertake employment with or have any interest in another competing business. 29. Competitive/part-time employment 29.1. The employee shall not be employed by, or engaged in any other principal, firm or enterprise without the prior written consent by the company. 29.2. The employee shall not be engaged, either directly or indirectly, whether as employee, agent, owner or in any other capacity, in any paid or unpaid activity which competes or may compete with the business of the company, or which may compromise the employee’s ability to diligently carry out his/her duties and responsibilities towards the company. 30. Bonuses 30.1. The payment of any bonus, incentive or payment in kind is not a condition of employment and payment thereof shall be subject to the sole discretion of the company. 31. Pension 31.1. In the event of the company securing an administrator of a suitable pension/provident/retirement fund to underwrite a scheme suitable for the number of employees in the company, the maximum amount of contributions the employees can afford and consent to, the contributions that the company can afford and with regard to all other relevant considerations, the company will afford employees the opportunity to join such scheme. 31.2. Employee acknowledges accepts that an insufficient number of employees for a scheme may result in the inability to secure a suitable fund/scheme. 3.1.3. The company shall enter into a collective agreement with all employees for this purpose and a simple majority acceptance of a proposal 14 shall be binding on all employees, unless the chosen scheme/fund authorizes voluntary membership only. 32. Medical aid 32.1. In the event of the company securing an administrator of a suitable medical aid fund to underwrite a scheme suitable for the number of employees in the company, the maximum amount of contributions the employees can afford and consent to, the contributions that the company can afford and with regard to all other relevant considerations, the company will afford employees the opportunity to join such scheme. 31.2. Employee acknowledges accepts that an insufficient number of employees for a scheme may result in the inability to secure a suitable fund/scheme. 3.1.3. The company shall enter into a collective agreement with all employees for this purpose and a simple majority acceptance of a proposal shall be binding on all employees, unless the chosen scheme/fund authorizes voluntary membership only. 3.1.4. Up until securing a suitable fund/scheme and/or in the event of the inability to secure a suitable fund, employees are advised to utilize the public health services for their medical needs. The company at its sole discretion may render assistance during working hours, such as but not limited to, transportation to the nearest public clinic or provincial hospital, paying for private medical attention in exceptional circumstances. 33. Indemnity 33.1. The employee indemnifies the company and undertakes to hold the company harmless in respect of whatsoever claims against the company by any juristic and/or natural person in respect of and/or arising from any unlawful and/or wrongful intentional, willful, reckless and negligent act/s by the employee in the performance of his/her duties. 34. Promotion, incentives and rewards 34.1. All staff are eligible for such promotions that may arise from time to time on condition that the applying employee fulfills the requirements for 15 such position ie. for technical positions, that he/she has the requisite training, qualifications and experience. New-Era’s focus is on technical employees. 34.2. Preference will be given to previously disadvantaged employees in order to promote employment equity and skills development. 34.3. To this end all technical employees will automatically be subject to our on-the-job training program to effectively equip them for the due performance of their duties and develop their technical skills. The work and training will be under the supervision of technically qualified and experienced supervisors. 34.5. Technical employees, subject to their particular mustering or field of operation, will undergo such training courses as required for the proper performance of their duties at the ISETT SETA to which New-Era belongs or such other private institution as circumstances require at New-Era’s own expense. 35.5. It is the corporations goal to skill its employees in all facets of telecommunications work undertaken by it subject only to the employees’ willingness, potential and attitude and economic feasibility. 35.6. Deserving senior installers/assistant technicians with consistent excellent performance appraisals for a minimum period of three (3) years will be eligible to become contractors for New-Era. The qualifying employee/s must initiate such a request and upon fulfillment of all conditions; including but not limited to; excellent performance appraisals, becoming fully trained and experienced to work without supervision and fully appreciates the undertaking; will be assisted by New-Era insofar as is practical and viable in setting the relevant employee up as a contractor. Assistance may be in the form of legal, administration and technical support, in addition to provision of work as a contractor. Financial assistance may be granted at the sole discretion of New-Era. 35.7. Promoted employees from lower levels (riggers, installers and general assistants) in the hierarchy will be eligible for the same benefits above provided that they comply with the time-periods mentioned and conditions attached. 16 2 Disciplinary procedures Chapter 17 1. Scope This in-house disciplinary procedure (DP) applies equally to all employees of the company, including managers. 2. Objective The objective of this DP is: To ensure the maintenance of satisfactory work performance and acceptable standards of conduct; To ensure that all employees are treated fairly and consistently; To ensure that the principles of substantive and procedural fairness are adhered to. 3. Background Employees should accept that it is the responsibility of the company to maintain discipline in the workplace. The company will conduct all disciplinary action, including disciplinary hearings, in accordance with the Labour Relations Act No. 66 of 1995 (as amended). The company endorses the concept corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them. Effort will be made to correct employee’s behaviour through a system of disciplinary measures. Where possible, informal procedures will be instituted to address minor breaches of accepted standards of conduct. Formal disciplinary action shall be instituted only in cases of serious transgressions. Where formal action is instituted, every employee shall have the right to: be represented by a representative of choice; be notified in writing, at least 48 hours prior to the hearing, of the details of the disciplinary hearing, including the charges preferred against him/her; be allowed a reasonable time, at least 48 hours or such reasonable further duration specifically requested, within which to prepare for the hearing; 18 request an interpreter to be provided by the company; be allowed an opportunity to state his/her case both in respect of the allegations or charges and the determination of the sanction; present evidence and/or witnesses at such hearing. Although the disciplinary action recommended in the DP does not cover each and every possible transgression that may occur, the company will exercise its discretion within the framework and the spirit of the DP, when deciding on a sanction to be imposed. The DP forms part of the terms and conditions of employment of all employees. 4. Procedure Should an employee commit misconduct of a minor nature, the employee’s direct supervisor will give the employee an informal verbal warning, after discussion with the employee. The direct supervisor should ensure that the employee understands that the conduct is unacceptable and that a repeat of the misconduct will result in more serious disciplinary action. The employee should be reminded of the required standards of behaviour that must be met, and if necessary, corrective counseling can be agreed upon. The direct supervisor should keep a record of verbal warnings. Should the employee continue to commit a minor offence, or commit a more serious offence, the matter will be referred to the Operations Manager of the company and the employee shall be handed a Notice to Appear at a Disciplinary Enquiry. The Disciplinary enquiry shall be presided over by any member of management of the company, preferably the HR/Administration manager, who will act as chairperson. The chairperson will act independently and without bias. At the disciplinary enquiry, the employee will be afforded the opportunity to state his/her case in response to the charges brought against him/her. Should the employee refuse or fail to appear at the enquiry, the enquiry may proceed in the employee’s absence. The decision of the chairperson of the enquiry, including the sanction to be imposed, will be communicated to the employee within two (2) working days of the enquiry or at such other reasonable time depending on the 19 circumstances prevailing at the time, by handing a Disciplinary Report Form to the employee. 5. Sanctions The following disciplinary sanctions can be imposed by the Chairperson of the disciplinary enquiry: Written warning: the written warning will be recorded on the Disciplinary Report Form. The chairperson of the disciplinary enquiry will sign the Disciplinary Report Form and a copy thereof will be handed to the employee. The employee will be required to sign the copy to indicate that the written warning has been received. If the employee refuses to sign, the HR/Administration manager will hand the form to the employee in the presence of a suitable witness. A copy of the form will be placed in the employee’s personal file and it will be valid for a period of six months, after which time it will expire. Should the employee commit the same or a similar offence/s within the period of the warning, the warning will be taken into account when deciding upon further disciplinary action. Final written warning: should the employee commit an offence which merits a final written warning, the procedure set out in clause 5.1. above will be followed. The final written warning will be valid for one year, and the employee will be informed that a further contravention may result in demotion or dismissal. Dismissal: if the employee commits a dismissible offence, the chairperson may decide to dismiss the employee with or without notice. The same procedure as set out in clause 5.1. will be followed. When deciding whether or not to impose the sanction of dismissal, the chairperson will, in addition to the gravity of the misconduct, consider factors such as the employee’s circumstances (including length of service, previous disciplinary record and personal circumstances), the nature of the job, and the circumstances of the infringement itself. The sanction of dismissal will be applied consistently with the way in which it has been applied to employees at the same level in the past, and consistently between two or more employees who participate in the misconduct under consideration. Suspension without pay/demotion: the chairperson of the disciplinary enquiry will have the discretion to award the sanction of suspension of twenty (20) working days without pay or demotion as an alternative to dismissal, but only in circumstances where extraordinary mitigating circumstances exist. 20 6. Disciplinary record The company shall keep records for each employee specifying the nature of disciplinary transgressions, the action/s taken by the company and the reasons for the actions. 7. Suspension prior to hearing Pending the disciplinary enquiry, the company has the right to suspend an employee from duty with full pay where, in the opinion of the company, the presence of the employee may jeopardize any investigation of the offence, endanger any employee or any other person’s well-being or safety, lead to labour unrest or prejudice the interests of the company. Such a suspension may be withdrawn at any time. 8. Poor work performance, incapacity and ill health The procedure to be followed in the event of poor work performance due to incapacity or ill health is not viewed as a disciplinary procedure. It will be dealt with in accordance with the guidelines as laid down in Schedule 8 of the Labour Relations Act No. 66 of 1995, as amended. The DP shall similarly not apply in the event of disciplinary action as a result of a strike or other industrial action. 9. Discrimination and harassment Any form of discrimination as well as harassment is in contravention of the company’s rules and regulations, customs and norms. Sexual harassment (in all its forms) is viewed as serious misconduct. In the light of the sensitive nature of such complaints, the management of the company welcomes approaches by victims to obtain confidential advice and counseling. The matter will be resolved either in an informal way, or by means of a formal complaint. In both circumstances, an investigation will be conducted and, if necessary, formal disciplinary action will be taken. In the event of formal disciplinary action, special care will be taken to ensure that the matter remains confidential. 10. Schedule of standards, offences and penalties The following schedule of Standards, Offences and Penalties is not exhaustive in nature, but merely serves as a guide. Please note that certain of the listed offences are specific to a specific position. 21 Level of Miscond uct Level A Very serious Misconduct Action 1st offence Action 2nd offence Action 3rd offence Assault or fighting Dismissal Intimidation Insubordination (serious) Dismissal Dismissal Failure to follow standing orders Dismissal or procedures (serious) Disobeying lawful and Dismissal reasonable job instructions (serious) Threatened or actual violence Dismissal Failure to adhere to safety Dismissal standards and procedures (serious) Malicious/intentional damage to Dismissal company property Bribery, theft, fraud, Dismissal dishonesty, disclosure of confidential information Driving company vehicles or Dismissal operating or using machinery whilst under the influence of alcohol or narcotic drugs. Drunkenness (serious) Final written warning Dismissa l 22 Gross negligence Level B Serious miscondu ct Sleeping on the job Dismissal Final written warning Dismissa l Failure to report immediately on Final unsafe area or unsafe area or written warning unsafe structures Failure to operate equipment Final according to standard written warning procedure Level C Miscondu ct Minor failure to follow standing Written warning orders or procedures Failure to wear clothing or uniform protective Written Absence without leave Written warning Dismissa l 2nd written warning 3rd written warning/ dismissal Final written warning Final written warning Final written warning Final written warning Dismissa l Dismissa l Dismissa l Dismissa l warning Minor failure to adhere to safety Written warning standards and procedures Drunkenness (minor) Written warning 23 3 Grievance procedures Chapter 24 1. Scope This grievance procedure applies to all employees of the company, including managers. 2. Objective The objective of the grievance procedure is to enable employees to have their work-related grievances resolved in an orderly and systematic manner, fairly and speedily. We believe that it is in the best interests of all concerned. 3. Background An employee who wishes to lodge a grievance shall do so in accordance with the grievance procedure set out in this document. The grievance procedure is designed to encourage both the employee and the company to make every effort to resolve the grievance within 14 days after it being lodged. Should this prove elusive, the parties may agree on an extension of the time limit. The grievance procedure is designed to encourage employees to lodge their grievances without fear or victimization. It forms part of the terms and conditions of employment of each employee of the company – each employee agrees to exhaust all internal conflict resolution procedures prior to engaging outside agencies. 4. Definitions “Grievance” means dissatisfaction or perception of injustice or unfair treatment experienced by an employee in connection with his/her work environment which is brought to the attention of management, with the exception of an appeal against the outcome of a formal disciplinary procedure. A grievance may, for example, concern any issue relating to conditions of employment, the working environment, the nature of the work required, perceived violations of rights and privileges, disagreement with practices and procedures or inadequate benefits. When an offence outlined in the DP is committed, this is not necessarily a grievance but rather a complaint which should be dealt with within the framework of the DP. “Employee’s representative” means an employee of the company or a fulltime paid official in the employ of a union, if any, recognized by the company of which the employee is a member of good standing. 25 5. Grievance procedure There are four (4) stages of grievance action: Stage 1 – direct supervisor An employee who wishes to lodge a grievance should first verbally raise the matter with his/her direct supervisor. The direct supervisor should be informed that this is the first step in the procedure. Should a grievance affect more than two employees who are answerable to the same supervisor, not more than two of the employees concerned may raise the grievance on behalf of the employees concerned. The direct supervisor will make every effort to resolve the grievance by taking such action as he/she thinks fair, and to communicate the outcome to the employee(s) within two (2) working days. Should a satisfactory solution not be reached, the next step comes into operation. In the event of a grievance in respect of an employee’s supervisor, he/she should raise the grievance directly with the HR/Admin. Manager of the company. The first stage is regarded as an informal stage. Stage 2 – grievance form The second stage requires the completion of a grievance form. If an employee is dissatisfied with the action taken in the first stage, he/she should complete a Grievance Notification Form. This form should be signed and submitted within two (2) working days of the earlier decision. The Grievance Notification Form is submitted by handing a copy thereof to both the direct supervisor and the HR/Admin. Manager. Stage 3 – formal meeting The HR/Admin. Manager of the company is responsible for arranging a meeting with the aggrieved employee and all other parties concerned, including the direct supervisor, within four (4) working days of receiving the Grievance Notification Form. The employee’s representative may attend if requested by the employee, and the HR/Admin. Manager of the company will act as Chairperson. Should the grievance relate to the conduct of the HR/Admin. Manager, the Chairperson of the management board of the 26 company or his/her delegate will act as chairperson, in which event his/her decision will be final and binding as far as the company is concerned. At the meeting, the employee or the employee’s representative will be afforded the opportunity to make representations in support of the grievance to the chairperson, either verbally or in writing. The chairperson will have authority to elicit submissions from those present at the meeting, or from any other employee, should it in his/her opinion be necessary. The chairperson will consider the representations and submissions which were made at the meeting and decide upon appropriate action, which will be communicated to the employee within two (2) working days of the meeting, or final meeting, if more than one was held. The chairperson will advise the employee of his/her decision by completing a Grievance Report Form, a copy of which will be kept by the company for record purposes. Stage 4 – Chairperson of Management Board If an employee is dissatisfied with the action taken in Stage 3, he/she may request that his/her grievance be submitted to the chairperson of the management board of the company for review. Such a request must be lodged in writing with the said chairperson and copies of the original Grievance Notification Form and Grievance Report Form should be attached. On receiving the above request, the aforementioned chairperson him-/herself or through a delegate will reach a conclusion as soon as reasonably possible. He/she may call an additional meeting or may proceed on the basis of the written documentation. The decision of the chairperson of the management board of the company will be final and binding as far as the company is concerned. Should the grievance remain unresolved, the normal statutory mechanisms will apply. 6. Procedural aspects An employee will be entitled to be represented by the employee’s representative at any stage of the grievance procedure. 27 Records of the proceedings at stage 3 and stage 4 will be kept by the company. All Grievance Notification Forms and Grievance Report Forms will be filed in the personnel files of the employee and the direct supervisor. 7. Preventing grievances To prevent grievances, the company will endeavour to: Communicate changes to employees as early as possible; Make best use of employee’s abilities; Encourage the expression of ideas; Ensure understanding of the conditions of employment by all employee; Be impartial and consistent; 28