Policy Statement
The Company has a human resources’ strategy that recognises the value of its people. Part of this strategy is the fair treatment of all employees.
Purpose
The company has adopted a progressive discipline policy to identify and address employee and employment related problems. This policy applies to any and all employee conduct that the company, in its sole discretion, determines must be addressed by discipline. Of course, no discipline policy can be expected to address each and every situation requiring corrective action that may arise in the workplace. Therefore, the Company takes a comprehensive approach regarding discipline and will attempt to consider all relevant factors before making decisions regarding discipline.
Most often, employee conduct that warrants discipline results from unacceptable behaviour, poor performance or violation of the company’s policies, practices or procedures. However, discipline may be issued for conduct that falls outside of those identified areas. Equally important, the company need not resort to progressive discipline, but may take whatever action it deems necessary to address the issue at hand. This may mean that more or less severe discipline is imposed in a given situation. Likewise, some company polices like sexual harassment and attendance, contain specific discipline procedures.
Progressive discipline may be issued on employees even when the conduct that leads to more serious discipline is not the same that resulted in less sever discipline. That is, violations of different rules shall be considered the same as repeated violations of the same rule for purposes of progressive action.
Probationary employees are held to the highest standards for behaviour and job performance. Progressive discipline is the exception rather than the rule for probationary employees.
Guidelines
Discipline should only be engaged with an employee on a performance issue if all other corrective action has failed to achieve the desired result.
i) Where an employee has deliberately breached a Company policy or procedure, or engaged in misconduct, disciplinary procedures should be initiated.
ii) Employees should be treated fairly and the proper procedures should be followed.
iii) Employees must be made aware of their responsibilities, counselled and given the opportunity to reach the standards expected of them and the chance to defend them before action is taken.
iv) It is a requirement to have a third party attend a disciplinary meeting, and notes taken be signed as a true record of discussions.
v) The expected standard must be clearly defined and the measurement criteria understood. A reasonable date for achievement of standards must be agreed. This should be shown as a minimum time, e.g. within one month.
For serious issues, employees must be advised in writing and such advice should be recorded on the employee’s personnel file
Progressive Discipline Process
The Company will normally adhere to the following progressive disciplinary process:
Verbal Warning (1st level):
An employee will be given a verbal warning when he/she engages in problematic behavior. As the first step in the progressive discipline policy, a verbal warning is meant to alert the employee that a problem may exist or that one has been identified, which must be addressed. Verbal warnings will be given and documented by the respective reporting Managers in consultation with the line HR. The same would be valid for maximum 15 days
Written Warning/PIP (2nd level):
A written warning is more serious than a verbal warning. A written warning/ Performance improvement plan (PIP) will be given when an employee engages in any process lapses/conduct that justifies a written warning or the employee engages in unacceptable behavior during the period that a verbal warning is in effect and also if there is no improvement in his performance. This could also warrant for a financial recovery/ penalty in case of gross process lapses/ mis-conduct/ fraud. Written warnings will be given and documented by the respective Reporting managers in consultation with the line HR. this would be valid for 15- 30 days from the date of issue. The same would be documented in the employee’s personnel file.
Suspension (3rd level):
A suspension without pay/ Half Pay is more serious than a written warning. An employee will be suspended when he or she engages in conduct that justifies a suspension or the employee engages in unacceptable behavior during the period that a written warning is in effect. An employee’s suspension will be given and documented by the line HR/ head office HR on getting the information/request from the reporting managers/HOD. The same would be documented in the personal file of the employee and, will remain in effect for specific time ranging from 15 days to a month as well.
- Ø Generally following a suspension, an employee will be reprimanded them sent home for the day on decision-making leave. This is intended to help the employee decide whether they should continue employment with the company
- Ø Suspension could be given by;
Regional managers: within Regions for FE/BM/SBM
Zonal Managers/ HOD’s: For TM’s and above
CXOs: For Zonal Managers/HODs
MD: For CXOs
Board of Directors: MD
- The MD has the discretion to levy any other penalty as he may deemed fit based on the investigations and the nature of the offence
Termination (4th level):
An employee will be terminated when he or she engages in conduct that justifies termination or does not correct the matter that resulted in less sever discipline.
Again, while the Company will generally take disciplinary action in a progressive manner, it reserves the right, in its sole discretion, to decide whether and what disciplinary action will be taken in a given situation
Termination could only be given post the approval from the MD and Head HR
Disciplinary Procedure
Poor Performance
Wherever possible the Performance Management System should be used to manage employee performance. However, there may be times when performance, conduct or employee attitude need to be immediately addressed.
- If employees fall below required performance standards they must be personally counselled and then given written confirmation of their deficiencies in performance and if there is no improvement should be put on a performance improvement plan (PIP) for a minimum time period of 30days to 60days from the date of issue
- The Performance improvement plan/written warnings must clearly define the deficiency, the expected standard, by when it should be achieved, how the company will help the employee achieve the improvement required and the consequences of failing to do so.
- The manager concerned should have documentation showing the conversations taken place, agreed action plans, and other communication with the employee and a copy to HR. The employee should be given the opportunity to appeal or respond to the issues highlighted on each occasion
- If an employee consistently fails to meet agreed standards, and has been counselled along with appropriate support/training, then the Company would look at even dismissing the employee on performance issues
Misconduct
- Managers are expected to investigate misconduct and proceed through the following steps:
- A verbal warning should be given to an employee for minor misconduct. A record of the warning must be kept by the manager and should be signed by the employee. The employee must be given the opportunity to respond.
- If the unacceptable behaviour continues, a written warning will be issued, and signed by the employee as being received and understood, with a copy to HR. The employee must be given the opportunity to respond.
- Employees who have been disciplined two times are subject to dismissal on the third warning
- Details of disciplinary actions should be recorded on the employee’s personnel file and removed after one (1) calendar year if further disciplinary action is not required
Gross or Severe Misconduct
- Summary (instant) dismissal for gross or very serious misconduct is possible (depending on the facts involved) for the following:
Insubordination, drunkenness, dishonesty, assault, deliberately endangering the safety of others, commission of a criminal offence on our site, and objectionable language
In such cases follow the procedure below:
- Investigate the alleged offence thoroughly, including talking to witnesses, if any
- Ask the employee for his/her response to the allegation (taking notes of this discussion)
- Consult with the next most senior manager regarding possible action
- If still appropriate, following a thorough investigation, terminate/dismiss the employee
- Keep a file on all evidence collected and action taken in these circumstances
- The Immediate Superior /HOD concerned shall submit a report to the Human Resource Department within Forty Eight (48) Hours of their finding and/or commission of offense, stating the following facts:
- Name and Department of Staff involved
- Nature and Date of offense committed
- Amount of loss or probable loss, if any
- Within twenty four (24) hours from receipt thereof, the Immediate Superior shall issue a Memorandum directing the employee/s involved to submit their written explanation within Five (5) Working Calendar Days to refute such alleged offense committed herein.
- In all such cases ‘procedural fairness’ guidelines will apply. This means the warning and dismissal process must allow the employee to offer their view of the events concerned. The employee must have every chance to defend himself/herself and has the right to appeal a decision made. If this process is not followed the dismissal may be overturned by an Industrial Relations authority
*Managers must, however, consult with senior management prior to taking this action.
