Disciplinary Code and Procedures for Transporters – Free template

1. Objective of Disciplinary Code

a) The objective of this Disciplinary Code and Procedure is to regulate discipline in the workplace with the key principle that the employer and the employees should treat each other with mutual respect.

b) While this procedure protects employees from arbitrary action, the employer is entitled to satisfactory conduct and work performance from its employees. Although discipline in general will be applied according to these provisions, it should be noted that departure from these norms may be justified in proper circumstances.

2. Principles of Disciplinary Code

a) The Conference has the right and a responsibility to manage its business and direct its employees in doing so.

b) The Conference reserves the right to implement rules or to establish standards of performance and behaviour and the measurement thereof.

c) Disciplinary action taken by the company will at all times conform to the Code of Good Practice of the Labour Relations Act.

d) An employee has the right to be represented by a shop steward/ fellow employee at any stage of a disciplinary procedure.

e) In the first instance the purpose of disciplinary action is to correct behaviour rather than to terminate services.

f) No incident or offence can be considered in isolation and the total impact of the offence in a disciplinary action will be considered.

g) Before a problem becomes a disciplinary issue, a supervisor may guide, inform or remind the employee informally on the applicable rule or performance situation. Such counselling is not viewed to form part of formal disciplinary action but is rather part of a day-to-day communication within the company.

h) Formal procedures do not have to be invoked every time a rule is broken or standard is not met. Informal advice and correction is accepted as the best and most effective way for the company to deal with minor violations of work discipline.

i) Repeated misconduct will warrant warnings, which themselves may be graded according to degree of severity. More serious infringements or repeated misconduct may call for final warning or other action short of dismissal. Dismissal would be reserved for cases of serious misconduct or repeated offences.

j) The seriousness of the offence will determine the action to be taken and not necessarily, the numbers of occasions the transgressions were committed.

3. Correct Procedure

The correct disciplinary procedure consists of four parts namely verbal warning, written warning, final written warning and dismissal.  Each step will be carefully explained in the following paragraphs.

Step 1: Verbal Warning

a) Verbal warnings will not apply in cases of serious misconduct.

b) This will normally be the first formal action instituted against an employee for failure to meet performance requirements, breach of the terms of employment of the company or other work rules.

c) These warnings will normally be given by the employee’s immediate supervisor. Warnings of this nature must be given as soon as possible after the offence became known.

Step 2: First Written Warning

a) These written warnings may be used when the verbal warning fail to produce the required results or where stronger action than a verbal warning is required.

b) The supervisor will record, in writing, the incident that gave rise to the issuing of such written warning.

c) A copy of the warning will be handed to the employee for whom the employee will be required to sign acknowledgement of receipt. If refusing to sign, a witness should sign in the presence of the accused, confirming that the warning was issued.

d) A copy of such warning will be included in the employee’s personnel file.

e) Written warnings should be issued as soon as possible after the incident carne to management’s attention.

f) Written warnings will remain valid for a period of six (6) months.

Step 3: Final written warning

a) This step may be used where previous verbal and written warnings had failed to produce required results and/or where stronger action than the above mentioned is required.

b) The relevant supervisor will record in writing the incident which gave rise to the issuing of the final written warning.

c) A copy of the warning will be handed to the employee for whom the employee will be required to sign acknowledgement of receipt.

d) A copy of such final warning will be included in the employee’s personnel file.

e)  Final Written Warnings should be issued as soon as possible after the incident came to management’s attention.

f) Final Written Warnings will remain valid for a period of six (6) months.

Step 4: Dismissal

a) This step may be used where previous written warnings have failed to produce required results or stronger action than either first- or final warnings are necessary due to the seriousness of the offence.

b) Following a pre-investigation, the relevant supervisor will record, in writing, the incident, in the form of a notification to attend a disciplinary hearing.

c) The employee will be issued with a copy of such notice and the hearing will be set down in accordance to this procedure.

d) The employee is entitled to reasonable time to prepare for the hearing.

e) If possible, an impartial chairperson will be appointed; alternatively, the designated manager will act as chairperson of the said disciplinary hearing.

f) The employee will be afforded an opportunity to state his case in response to any allegation.

g) After having listened to the evidence presented by the supervisor or any other initiator, the chairperson will consider whether the employee is guilty or not of the charges.

h) In the event of the chairperson determining that the employee is guilty of the charges, the employee will be requested to offer mitigating circumstances prior to a decision with regard to the penalty being taken.

i) After considering all the evidence and documents placed before the hearing and after having given due consideration to any mitigation offered by the employee, the chairperson may decide to terminate the services of the employee, or any other appropriate action.

j) If the employee is dismissed, the employee will be given the reasons for the dismissal in writing and will be reminded of any rights in terms of the Labour Relations Act.

5. List of punishable offences
Group A Offences

These offences are usually valid for a period of six months. These offences will be met with a recorded verbal warning, a written warning, a final written warning and on the fourth offence, termination of service with a warning.

  • Poor work performance

  • Insubordination

  • Repeated absenteeism (Unauthorized, deliberate or with less than three days notice)

  • Poor time keeping

  • Littering

  • Failure to present proper ID at any given moment

  • Failure to keep ID, workplace or company property, for which employee is responsible, in proper condition.

  • Contravention of regulations relating to road traffic ordinance.

  • Consuming food in unauthorized areas such as workstation or in company vehicle.
Group B Offences

These offences are usually valid for a period of six months. These offences will be met with a written warning, a final written warning and on the third offence, termination of service with a warning.

  • Negligence.

  • Disrespectful behaviour.

  • Act harmful to the interest of the company or its employees.

  • Failure to report on commencement and ceasing of a day’s work.

  • Using insulting language.

  • Failure to conserve safety regulations and hygiene standards.

  • Wilful disregard of rules regarding the use of company vehicles.

  • Failing to comply with procedures as described in the conditions of service and letter of appointment.

  • Receiving undeclared moneys or gifts from clients or supplier.

  • Playing cards during official working time or gambling on company premises.

  • Sleeping on duty.
Group C Offences

If an employee commits any of the following offences, he or she may be summarily dismissed ( without notice), if so decided after a proper disciplinary hearing.

  • Unauthorized consumption on the premises of intoxicating liquor and/or habit forming drugs or being under the influence of such substances whilst on duty or offering to any other person of having in his possession intoxicating substances whilst on the premises.

  • Revealing of secret or confidential information to unauthorized persons relating to the operation of the firm.

  • Entering or remaining on the premises of the firm whilst in a state of intoxication.

  • Smoking in areas where “No Smoking” signs are exhibited.

  • Refusing to execute any reasonable and lawful order given by a supervisor or inciting other employees to refuse.

  • Fighting or assaulting others; whilst on the premises or attempting to injure or in any other way to intimidate an employee.

  • Being in possession of a fire-arm or other dangerous weapon on the premises without authority granted by management.

  • Being guilty of bribery or attempts thereat.

  • Clocking in or out on behalf other employee or making unauthorized alterations to a time card or job card.

  • Wilfully making a false report or making false entries on company documents.

  • Proven theft, fraud or being an accessory to theft or fraud.

  • Being in possession of Company property without permission (This is not theft; which must be proven in a court of law).

  • Committing violence or inciting other employees to violence.

  • Wilful damage, neglect and/ or destruction of firm property, tools, machinery, etc.

  • Arranging unauthorized meetings.

  • Gross insubordination.

  • Using confidential information for own purposes.

  • Misrepresentations of particulars on staff application form.

  • Undertaking without permission any private agency work in direct competition to company business.

  • An employee who prior to his confirmation of employment had previously been found guilty of a criminal offence Or had been declared insolvent and failed to disclose this information.

  • Adversely effects the image and business of the company through comments, statements and allegations to clients, customers and/ or suppliers.

  • Intimidation – (proven in a court of law).

  • Desertion or continued absence without notification for a period of more than 3 days.

  • Failure to account for company money in possession of the responsible employee.

  • Use of Company vehicle without permission or authority.

  • Incitement to strike without exhausting company procedures (Dispute, grievance, or appeal procedure).

Please note: This list is not exhaustive and an employee may be summarily dismissed for any cause recognised in law or fairness as sufficient.

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DISCLAIMER

Keyfleet Management Systems (Pty) Ltd. as well as all employees and consultants will not be held accountable for any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of the use of this document.  This document is to be used as a guideline only and in no way viewed as an official legal document.

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