POL005 | 1 June 2023
These proposed rules are merely a guideline and not an absolute rule and may differ from circumstances and events. This is for interpretation purposes. The Code of Good Practices – Schedule 8 of the Labour Relations Act No. 66 of 1995 (LRA) will be applicable.
Offenses that occur regularly fall into the following 3 levels and categories with proposed actions.
Level 1:
Minor offenses that warrant a verbal warning if not repeated, i.e., job achievement, which is below standard.
Level 2:
Serious offenses that warrant a first written warning that is equivalent to a first offense, i.e., job achievement that is considerably under the standard and has led to weak quality or damage.
Level 3:
Very serious offenses that warrant immediate dismissal, e.g., theft, dishonesty and assault.
Management reserves the right to add or change any of the proposed rules and regulations when necessary.
LEVEL 1 – CATEGORIES
Unacceptable Language
No employee may use inappropriate language or writing against any person or group.
Foul language or behaving in an unbecoming manner will not be tolerated.
Minor Damages
Careless behaviour towards company property.
Property, equipment, and protective clothing that is issued to employees must be kept clean and in a good condition and remains the property of the company.
Intentional losses, damage or misuse of property is not allowed.
Insubordination
Minor disobedience or disrespectful behaviour.
Miscellaneous (Good housekeeping)
Repetitive misconduct of less serious nature.
Untidy workplace and environment.
Not taking good care of PPE, equipment, and any company property.
Poor Time Keeping (Time and Attendance)
Clocking procedures not adhered to.
Late coming to work.
Leaving the workplace early without authorisation.
Meal intervals not adhered to limits.
Employees are not allowed to sleep during working hours.
(More serious offences may refer to another level)
1st Offence - Verbal Warning (VW)
2nd Offence - First Written Warning (WW)
3rd Offence - Final Written Warning (FWW)
LEVEL 2 – CATEGORIES
Dishonesty (misconduct of less serious nature)
Untruthful behaviour.
Making false statements or accusations.
Providing false information.
Disrepute (less serious nature)
Poor behaviour in public.
Misleading customers or the public in general.
Miscellaneous
Repetitive misconduct of more serious nature.
Continuation of poor disciplinary record.
Negligence (Carelessness)
Causing damages to company property or bodily harm of minor nature.
Not reporting misconduct.
No employee may use any money or property of the business incorrectly.
An employee may not deviate from the norms and standards of the company to commit a prohibited action.
Standard Operating Procedures
Not adhering to company’s standard operating procedures regarding instructions/tasks which must be completed according to the requirements.
Non-disclosure of information
No employee may disclose information of any confidential nature to any person not entitled to obtain the company’s information without any written authorisation also with reference to the POPIA.
Employees must inform management regarding any irregularities relating to confidential information or similar.
Poor Work Performance
Poor performance occurs when an employee fails to do his job or part of his job to the standard that the employer requires.
The focus is on the quality or quantity of the employee's work as compared to what the employer expects in respect of his behaviour.
Disrepute
The employee is not allowed to behave directly or indirectly and adversely to the effect of the employer's reputation because it's incompatible with its public norms and values.
No employee’s out of work conduct who may potentially damage the company's good name and reputation.
Unauthorised company property
No employee may be in possession of company property or fellow employee’s property without prior permission and/or authorisation.
It does not require the employee to have actually taken possession of the employer's property, but alternatively deprived the employer of use of that property.
Non-compliance with occupational Health & Safety Regulations
All employees must adhere to the minimum requirements for specific hazards, work and administrative practices in relation to work safety and health.
All employees must be involved to protect the health, safety and welfare of employees, within the workplace.
The employer will assess the work environment and procedures to ensure employees are complying with safety best practices.
1st Offence - Written Warning (WW)
2nd Offence - Final Written Warning (FW)
3rd Offence - Dismissal (DISM) (by HR approved Chairperson only)
LEVEL 3 – CATEGORIES
Conflict of Interest
No employee may do private work at compensation without written consent of management.
No employee is allowed to do the same or similar work in relation with the employer.
Assault and/or Fighting
No injuries or threats of a physical nature or any other form of assault may occur to a person, fellow employee.
Employees may not fight at the workplace or in public during working hours with each other with the purpose/intention to cause bodily harm.
Gross insubordination (Serious disobedience and/or insolence disrespect)
All reasonable instructions must be obeyed. If it is the opinion that the given instructions are unreasonable it must be brought under the attention of the person that gave the instruction. (The instructions may not be ignored). The grievance procedure can be used.
Overtime is compulsory to employees that accept the responsibility to work overtime, as part of their employment contract.
No employee may smoke in a smoke-prohibited area.
No employee may carry a dangerous weapon without declaration and the written approval of management. (to be kept in safe)
No employee may neglect to report a contravention that happened in his/her presence.
Harassment
No rebellious behaviour, including the instigation of others to be rebellious or being guilty thereof themselves.
No employee may bully fellow employees or other people at the workplace for whatever reason.
No employee may intimidate or discriminate against another employee, customer or any member of the public regarding gender, race, religion, ethnic/cultural groups, traditional beliefs, health status or spreading malicious rumours
Overbearing supervision or other misuses of power or position
Intimidation/Incitement
No employee is allowed to incite fellow employees by encouraging them to commit any transgressions against the rules and good business of the employer.
No intimidation or threats of any kind is allowed to fellow employees or customers nor public members with the purpose to create fear.
Intoxication
No employee may be under the influence or in possession of alcohol, illegal substances or drugs at the workplace or premises.
No employee may use alcohol, illegal substances, or drugs during working hours.
Serious disrepute
The employee is not allowed to behave directly or indirectly and adversely to the effect of the employer's reputation because it's incompatible with its public norms and values.
No employee’s out of work conduct who may potentially damage the company's good name and reputation.
Wilful damage
Wilful or malicious damage or destruction of the property of the company or any other person, customer or public member.
Wilful damage is the result of an intentional act or omission of negligence.
Desertion/Abscondence
No employee may be absent from their workplace without prior notice or without notifying their management.
This absenteeism is without reason in good cause without returning to the workplace within at least 5 (five) days of absenteeism and with no intent to inform management about their whereabouts.
Endangering Safety of Others
No employee is allowed to cause any action which endanger the safety of fellow employees, customers, or members of the public.
Gross Dishonesty
Any act or omission that entails deceit. This may include withholding information from the employer, making a false statement or misrepresentation with the intention of deceiving the employer, or corruption.
No employee may be in possession of company property without the necessary authorisation.
No employee may remove or damage any company property.
It is the explicit responsibility of every employee to report any irregularity.
No employee may falsify, change or rewrite any company document which may cause an offense of fraud.
Gross Negligence
A conscious and voluntary disregard of the need to use reasonable care, which has or is likely to cause foreseeable grave injury or harm to persons, property or both. It is conduct that is extreme when compared to ordinary negligence.
Gross negligence is a lack of care that demonstrates reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety
Sexual Harassment
An employee is not allowed to be involved with unwelcome and inappropriate sexual remarks or physical advances in the workplace or in any other professional or social situation.
Unwanted behaviour of sexual advances including, but not limited to intentionally touching without permission and deviating from standards either in a verbal or physical unbecoming manner.
Wilful possession and/or Unauthorised use of company property
No employee may be in possession of company property or fellow employee’s property without prior permission and/or authorisation.
It does not require the employee to have actually taken possession of the employer's property, but alternatively deprived the employer of use of that property.
Theft
No theft is allowed at the workplace regarding company property or others by depriving them from unauthorised goods.
No employee may sell or give away any property that belongs to the business without the consent of management. These items must be returned to the business with the termination of the employee's contract.
the employee took goods which didn’t belong to him/her;
the employee knew that he/she required permission to take such goods and didn’t have such permission;
by taking the goods, the employee deprived the employer of its use and possession; and
the employee didn’t intend to return the goods to the employer.
unlawful possession of property”, “unlawful removal of property”, “misappropriation”, or even “fraud”, depending on each case’s
1st Offence - Final Written Warning (FWW)
2nd Offence - Dismissal (DISM) (by HR approved Chairperson only)
Disclaimer:
This information is proprietary to Wisani Burial Society, is strictly confidential and may only be used for the purpose for which it has been provided.
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