Industry CODE of CONDUCT 2013 With Grivience Handling Procedures

8/17/2019 Industry CODE of CONDUCT 2013 With Grivience Handling Procedures

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ZIMBABWE ENERGY INDUSTRY

EMPLOYMENT CODE OF CONDUCT

AND

GRIEVANCE HANDLING PROCEDURES

2013

23/04/2013


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Zimbabwe Energy Industry Employment Code ofConduct

Preamble

This Industry Code provides for:-

(a) fundamental principles governing the Zimbabwe Energy IndustryEmployment Code of Conduct;

(b)

a framework for consultation and conciliation in the conduct of labourrelations and dispute settlement at the workplace;

(c) the right of the employee to be heard;

(d) the rights and duties of Trade Union(s)/Worker’s Committee/WorkerRepresentative(s)/ Employer(s)/Employer Representative(s);

(e)

the rights of employee(s) and employer(s);

(f)

rules of conduct to be observed at the workplace, for the mutual benefit

of employee(s) and Employer(s);

(g) acts of misconduct and appropriate penalties thereof;

(h)

disciplinary Committees of a Company/Organisation and disciplinaryrules and procedures essential for the just, prompt and fair treatment ofemployees charged with misconduct, and the rights of such employees toappeal against the decisions of Disciplinary Committees;

(i)

a fair and equitable system for efficient handling and resolution ofgrievances of employees at the workplace;

(j)

basic minimum standards of conduct within the Zimbabwe EnergyIndustry;

(k)

observation of principles of natural justice; and

(l) other matters incidental to the aforegoing.


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Arrangement of Sections

CODE OF CONDUCT

Part 1: Preliminary

1. Title.2. Interpretation of terms.3.

Application.4.

Fundamental principles governing the Industry Code.5.

Rights and duties of Management and Trade Union/ WorkerRepresentatives.

Part 2: Rules of Conduct, Misconduct, Categorisation of and Penalties for Actsof Misconduct

6.

Rules of conduct to be observed at a workplace.7.

Definition of acts of misconduct.8.

Categorisation of acts of misconduct and penalties thereof.

Part 3: Disciplinary and Appeals Committees, Composition and Terms ofReference

9.

Composition of Disciplinary Committees.10.

Composition of an Appeals Committees.11.

Disciplinary Committees and Appeals Committees.

Part 4: Procedure on Discovery of Misconduct, Forced Leave and Suspension ofEmployees and Duties of the Secretary

12. Procedure on discovery of minor acts of misconduct.13.

Procedures on discovery of serious, severe or dismissible acts ofmisconduct.

14.

Forced leave.15.

Suspension.16.

Duties of the Secretary.

Part 5: Conduct of Disciplinary Committees, Proceedings and Rights of Parties

17. Interpretation.18. General rules.

19.

Rights of parties.20.

Procedure.

Part 6: Appeals against Decisions of Disciplinary Committees.

21. Appeals to Appeals Committee.22.

Procedure for Appeal Hearings.23.

Appeals to the Labour Court.

Part 7: General Matters

24.

Access of Employees to the Industry Code.

25. Amendment or repeal of the Industry Code.

26.

Retention of records.


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GRIEVANCE HANDLING PROCEDURES

1. Purpose.2.

Application3.

Interpretation.

4.

General Procedure for Handling Grievances.5.

Composition of Committee.6.

Duties of the Secretary.

7. General Rules8. Rights of Parties.9. Hearing procedures.10. Confidentiality.

Appendix A: Part A: Notice to Appear before Disciplinary/AppealsCommitteePart B: First Written Warning FormPart C: Severe Written Warning

Part D: Final Written Warning Form

Appendix B: Determination Form

Appendix C: Grievance Handling Form 1Grievance Handling Form 2


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EMPLOYMENT CODE OF CONDUCT

PART 1

PRELIMINARY

1. Title

This Industry Employment Code of Conduct shall be cited as the Zimbabwe EnergyIndustry Code of Conduct 2013. (hereinafter referred to as “the Industry Code”)

2. Interpretation of Terms

In this Industry Code:-

“Act” means the Labour Act [Chapter 28:01] as may be amended from time to time.

“Appeals Committee” means the Appeals Committee of a Company/Organisationestablished in terms of this Code.

“Board” means the Board of Directors of a Company/Organisation which isresponsible for giving strategic direction to the Company/Organisation.

“Chairperson” means the Chairperson of a Disciplinary Committee or an AppealsCommittee, as the case may be, and includes an Alternate Chairperson.

“Company” means a registered body corporate within the Industry.

“Demotion” means the removal of an employee from the post that he/she occupiesto a lower post with lower salary, lesser responsibilities and employment benefits.

“Disciplinary Committee” means a committee established in terms of Part 3 of theIndustry Code.

“Downgrading” means the reduction where applicable in grade, salary and otherassociated employment benefits of an employee but without a change in his/her jobtitle and the duties of his/her current post for a specified period.

“Employee” means any person, howsoever designated, employed by or working forthe Zimbabwe Energy Industry in terms of a contract of employment, and includescontract employees, temporary employees and apprentices.

“Employer” means any person who employs or provides work for another person

and remunerates or expressly or tactily undertakes to remunerate him, within theZimbabwe Energy Industry.

“Employee Representative” means a person requested by an Employee torepresent him at a Disciplinary Hearing who shall either be a Trade Union Official,Workers’ Committee Representative, fellow employee or a Registered Legal

Practitioner/Labour Practitioner.

“Employment Council” means the National Employment Council for the ZimbabweEnergy Industry.

“Head Office” means the principal place of business of a Company/Organisation.

“Head of a Company/Organisation” means the appropriate Head of aCompany/Organisation as defined by a Company/Organisation.


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“Industry” means the Zimbabwe Energy Industry.

“Labour Practitioner” means any person with labour expertise and experience.

“Labour Court” means the Labour Court established in terms of the Act.

“Local Senior Official” means any manager or employee designated as Local SeniorOfficial including any employee appointed to act in that capacity.

“Management” means the Management of a Company/Organisation.

“Manager” means employee other than those under the NEC scope of coverage.

“Middle Management” means management as defined by the respectiveCompany/Organisation Human Resources Policies.

“NEC Scope of Coverage” means employees in grades A1 to D2 or equivalent exceptwhere a Company/Organisation uses a different grading structure.

“Secretary” means Secretary of a Disciplinary/an Appeals Committee whoseresponsibility shall be to co-ordinate, advise and record proceedings of aDisciplinary/an Appeals hearing.

“Supervisor” means an employee appointed to direct and supervise work carriedout by other employees.

“Trade Union” means any registered Trade Union with registered interests in theZimbabwe Energy Industry.

“Workers Committee Member” means a person/employee/member elected interms of Section 23 of the Labour Act [Chapter 28:01].

“Workplace” means any place, site or premises where an employee’s presence isrequired in carrying out Company/Organisation’s business.

3. Application

This Industry Code shall apply and be binding on all employees and employerswithin the Energy Industry.

For the avoidance of doubt, this Industry Code shall be applicable to:

All employees under the NEC Scope of Coverage (employees in grades A1to D2; or equivalent except where a Company/Organisation specifies

otherwise.)

4. Fundamental Principles Governing the Industry Code

This Industry Code shall operate upon the following fundamental principles:-

(a)

peaceful and orderly conduct of labour relations;(b)

fairness, justice, equity, promotion of stability and increasedproductivity at the workplace;

(c)

mutual trust between Management, workers and Trade Unions;

(d) respect for the fundamental and basic rights and duties of theEmployer, workers and the Trade Unions.


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5. Rights and Duties of Management and the TradeUnions

(1) In this Industry Code, Management shall have the following rights and dutiesto : –

(a)

manage and conduct the business of the Company effectively andefficiently;

(b) administer discipline impartially and according to set standards andprocedures;

(c)

refrain from unfair labour practices;(d)

abide by the letter and spirit of the Industry Code;(e)

abide by any collective bargaining agreement or any other agreementreached with the Trade Unions and workers Committees;

(f) act in good faith in dealings with the Trade Unions;(g) abide by the Health and Safety requirements at the work place.(h) create a conducive and an enabling working environment at the

workplace;(i)

adhere to good corporate governance;(j)

ensure that employees are provided with a copy of Code and are madeaware of the provisions therein; and

(k)

translate the Code in Shona and Ndebele or provide a translator in

the language understood by the accused employee.

(2) In this Industry Code, the Trade Unions and workers’ Committees shall havethe rights and duties to :-

(a)

ensure that employees’ rights and interests are not unduly v iolatedat the work place;

(b) abide by the letter and spirit of the Industry Code;(c) refrain from unfair labour practices;

(d) act in good faith in dealings with Management; and(e) ensure that employees are aware of the provisions of this IndustryCode through training.

PART 2

RULES OF CONDUCT, ACTS OF MISCONDUCT, CATEGORISATION OF ANDPENALTIES FOR ACTS OF MISCONDUCT

6. Rules of Conduct to be Observed at a Workplace

Every employee shall:-

(1) (a) keep and observe the prescribed work times;(b) perform the duties and responsibilities of his/her post or position

competently in such a manner as to achieve set objectives andperformance standards;

(c)

abide by all such rules, regulations and any Company policies asshall lawfully apply from time to time;

(d)

handle, maintain or otherwise use Company property with due careand attention and in accordance with Company policy as laid down

from time to time;(e) keep confidential all such information as he/she obtains or is made

aware of in the course of his/her employment and/or incidentalthereto;

(f)

desist from being under the influence of alcohol, dangerous drugsand related substances;

(g)

serve and promote the interests of the Company ; and


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(h) observe Safety, Health and Environment requirements in the workplace.

(2) An employee who breaches any of the rules of conduct specified insubsection (1) shall be guilty of misconduct.

7. Definitions of Acts of Misconduct

(1) An employee who commits any of the following acts shall be guilty ofmisconduct-

(a) Poor time-keeping, that is to say:-

(i) reporting late for duty without permission or valid reason; or(ii) leaving the workplace or stopping to work before the normal

stopping time, without permission or valid reason; or(iii) unauthorised absence from the workplace during the

appropriate normal hours of work, without a valid reason; or(iv) unauthorised extended tea or lunch breaks without valid

reasons.

(b) Absenteeism, that is to say: –

being absent from duty during the appropriate working days withoutpermission or valid reason.

(c) Unsatisfactory Work Performance, that is to say: -

(i) being careless, negligent, inefficient or incompetent in theperformance of his/her duties; or

(ii) failing to achieve agreed performance targets or standards, for

reasons within the control of the employee; or

(d) Insubordination or disobedience, that is to say:-

(i) neglecting or refusing to perform any work or duty lawfullyand properly assigned by a supervisor, appropriate localsenior official, the Head of a Company/Organisation or theBoard; or

(ii) disobeying lawful instructions given by a supervisor,appropriate local senior official, the Head of aCompany/Organisation or the Board; or

(iii) wilfully failing, neglecting or refusing to comply with any of theconditions of service, the Company/Organisation rules or

regulations, any applicable laws, laid down policies orprocedures, written standing instructions; or

(e) Disorderly or objectionable behaviour; that is to say: -

(i) fighting or threatening violence against any employee orperson at the workplace; or

(ii) using abusive, insulting or obscene language against anyemployee or person at the workplace; or

(iii) being rude, discourteous impolite or disrespectful to anyemployee or person at the workplace; or

(iv) conducting oneself or behaving in a manner at the workplace

which brings the name of a Company/Organisation intodisrepute or to tarnishing the image of a


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Company/Organisation such as when driving marked vehicleor when wearing Company/Organisation uniform.

(v) sexual harassment of any employee or other person at theworkplace or during the course of business, for examplemaking unwanted sexual advances, inappropriate and

unwanted gestures or suggestions or hints of a sexual nature,

unwelcome physical or verbal conduct of a sexual nature thatdenigrates or ridicules or is intimidatory or is generallyabusive of such employee or other person because of his/hersex; or

(vi)

physically and verbally assaulting any employee or person atthe workplace; or

(vii)

hindering or obstructing any employee from performinghis/her lawful duties; or

(viii) deliberately or making a false report or claim against anemployee or person at the workplace.

f) Conflict of Interest, that is to say:-

(i) engaging in any occupation or undertaking any work outsidethe scope of normal duties which conflicts with the interests ofa Company/Organisation without the permission of the Head

of a Company/Organisation or the Board.(ii) failure to disclose any interest in a Company/Organisation

conducting business with the company in which one has aninterest or influence.

g) Breach of Secrecy or Confidentiality, that is to say: -

(i) disclosing personal details of any employee or giving thepersonal file of any employee to an unauthorised person or

agency.

(ii) disclosing classified or confidential information relating to theaffairs of a Company/Organisation to an unauthorisedperson; or

(iii) issuing without permission or authority, press statements orinformation concerning the affairs of a Company/Organisation

to the actual or potential prejudice of aCompany/Organisation.

h) Loss, Damage or Misuse of Company Property, that is to say: -

(i) negligently causing damage to or loss of property belonging toa Company/Organisation or in its lawful possession; or

(ii)

wilfully causing damage or loss of property belonging to aCompany/Organisation or in its lawful possession; or

(iii) misusing or making unauthorised use of property belonging toa Company/Organisation or in its lawful possession; or

(iv)

permitting or causing an unauthorised person to make use ofproperty belonging to a Company/Organisation or in its lawfulpossession;

(i) Consumption of Intoxicating Liquor or Dangerous Drugs, that is tosay -

(i) drinking beer at the workplace; or


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(ii) consumption of intoxicating liquor or taking dangerous drugs,other than drugs prescribed by a registered medicalpractitioner, at the workplace during the appropriate normalhours of work; or

(iii) being under the influence of intoxicating liquor or dangerous

drugs other than drugs prescribed by a registered medical

practitioner, at the workplace during the appropriate normalhours of work; or

(iv) habitual consumption of intoxicating liquor or dangerousdrugs to such an extent as to be incapable of performingduties efficiently or properly.

(j) Dishonesty, that is to say: -

(i) taking and converting or attempting to take and convert, toone’s own private use property or moneys belonging to aCompany/Organisation or in its lawful possession or from anyperson at the workplace; or

(ii) failing to account for property or moneys belonging to aCompany/Organisation or in its lawful possession, in respectof which it was one’s duty to look after or safeguard; or

(iii) intentionally making any false claim or return; or

(iv) giving false or misleading information before, on or afterappointment to a post within a Company/Organisation onone’s educational qualifications, professional qualifications,work experience or other personal details; or

(v)

falsifying an official document or electronic record of aCompany/Organisation or wilfully recording or causing to berecorded therein false or misleading information; or

(vi)

wilfully withholding information or giving false or misleadinginformation during any investigation or at any inquiry or

hearing relating to the affairs of a Company/Organisation,including disciplinary matters and grievances.

k) Criminal Conduct, that is to say:-

being convicted of any criminal offence committed and beingsentenced to a term of imprisonment or Community Servicefor five(5) or more consecutive working days without the

option of a fine.

l) Corruption, that is to say -

(i) practising or attempting to practise nepotism or favouritism in

making or recommending the appointment or promotion ofany person to a post within a Company/Organisation; or

(ii)

soliciting, accepting or receiving any bribe, secret commission,reward or favour in connection with the discharge of duties

from any person with whom an employee conducts or is likelyto conduct the business of a Company/Organisation; or

(iii) violating tender or procurement rules or procedures of a

Company/Organisation for personal gain; or

n) Injury to Person or Loss of Life, that is to say:-

(i) negligent behaviour at the workplace which results or is likelyto result in injury or death of an employee or other person.


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(ii) wilful behaviour at the workplace which results or is likely toresult in injury or death of an employee or other person.

o) Discrimination, that is to say: –

discrimination on the basis of race, tribe, place of origin,political opinion, colour, creed or gender, pregnancy, HIV &AIDS status and sexual orientation.

p) Unlawful Collective Job Action, that is to say:-

collective job action that is not permissible in terms of theLabour Act.

8. Categorisation of Acts of Misconduct and Penalties thereof

In general, disciplinary action should, be educational and corrective.Punitive action should only be taken when the said earlier steps have provedineffective.

(1) The acts of misconduct listed in subsection (1) of section 7 are herebycategorised as follows-

Category A - MinorCategory B - SeriousCategory C - SevereCategory D - Dismissibleand more fully detailed in the Table 8.1 below.

(2) In any proceedings before a Disciplinary Committee, or the Appeals

Committee where the fairness of the dismissal of an employee is an issue,the adjudicating authority shall, in addition to conserving the nature orgravity of any misconduct of the part of the dismissed employee, considerwhether any mitigation of the misconduct avails to an extent that would have justified action other than dismissal, including the length of the employee(s)service the employee(s) previous disciplinary record, the nature of the

employment and any special personal circumstances of the employee.

(3) As far as possible similar offences committed in similar circumstancesshould be treated equitably through the impositions of similar penalties,mindful of the fact that each case depends on its merits.

(4) Where the Industry Code provides for a penalty in respect of an act of

misconduct, that penalty is merely the maximum penalty permissible andthe Disciplinary Committee/Appeals Committee is not obliged to impose the

maximum.

TABLE 8.1: CATEGORISATION OF ACTS OF MISCONDUCT ANDPENALTIES THEREOF

VW – VERBAL WARNING


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FWW- FIRST WRITTEN WARNING – VALID FOR 3 MONTHS

SWW – SEVERE WRITTEN WARNING – VALID FOR 6 MONTHS

FW- FINAL WARNING – VALID FOR 9 MONTHS

D- DISMISSIBLEOFFENCE

A - MINOR BREACH PENALTYa) Poor Time Keeping

(i) Reporting late for duty without permissionor valid reason; or

(ii) Leaving the workplace or stopping towork before the normal stopping time, without

permission or valid reason; or

(iii)Unauthorised absence from the workplaceduring the appropriate normal working hoursof work; or

(iv)Unauthorised extended tea or lunch breaks.

1st

2nd

3rd

4th

5th

VW

FWW

SWW

FW

Elevated to B-Serious 3rd Breach

b) AbsenteeismBeing absent from duty for 1 day without

permission or valid reason.

1st

2nd

3rd

4th

5th

VW

FWW

SWW

FW


c) Unsatisfactory Work Performance

i) Laziness; or

(ii) Isolated cases of being careless, negligent,inefficient or incompetent in the performance ofhis/her duties; or

(iii) Isolated cases of failing to achieve agreedperformance targets or standards, for reasonswithin the control of the employee; or

1st

2nd

3rd

4th

5th

VW

FWW

SWW

FW


d) Disorderly or Objectionable Behaviour

(i) Disorderly or objectionable behaviour whichdoes not result in harm to any person ordamage to property; or

(ii) Sleeping or loafing during the appropriatenormal hours of work.

1st

2nd

3rd

4th

5th

VW

FWW

SWW

FW



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OFFENCE BREACH PENALTY

B-SERIOUS a) Poor Time Keeping

Repeated incidents of poor time keeping after

being given a written warning.

1st

2nd

3rd

4th

5th

SWW

FW

6% of basic salarydeduction for 1month

8% of basic salarydeduction for 1month

Elevated to C-Severe 2nd Breach

b) Absenteeism

Being absent from duty for 2 to 3 consecutiveworking days, without permission or validreason.

1st

2nd

3rd

4th

5th

SWW

FW

6% of basic salarydeduction for 1month plusdeduction of daysnot worked

8% of basic salary

deduction for 1month plusdeduction of days

not worked


c) Unsatisfactory Work Performance

(i) Being negligent, careless, inefficient orincompetent in the performance of duties.

(ii) Failing to achieve agreed performancetargets or standards for reasons within thecontrol of the employee.

1st

2nd

3rd

4th

5th

SWW

FW

6% of basic salarydeduction for 1month or 6%reduction ofemployment

allowance notexceeding 6months

8% of basic salarydeduction for 1month or 6%reduction ofemploymentallowance notexceeding 6months



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d) Disorderly or Objectionable Behaviour

(i) Using abusive, insulting or obscenelanguage, gestures against any employee orperson at the workplace.

(ii) Being rude, discourteous, impolite ordisrespectful to any employee or person at theworkplace; and

(iii) Deliberating or making a false report orclaim against an employee or person at theworkplace.

1st

2nd

3rd

4th

5th

SWW

FW

Deduction of 6% ofbasic salary for 1

month or 6%reduction ofemployment

allowances notexceeding 6months

Deduction of 8% ofbasic salary for 1month or 6%reduction ofemployment



e) Insubordination or Disobedience

(i)Neglecting or refusing to perform any work or

duty lawfully and properly assigned by asupervisor, appropriate local senior official, theHead of a Company/Organisation; or

(ii) Disobeying lawful instructions given by asupervisor, appropriate local senior official, theHead of a Company/Organisation or the Board;or

(iii) Wilfully failing, neglecting or refusing tocomply with any of the conditions of service,the company rules or regulations, anyapplicable laws, laid down policies orprocedures, written standing instructions.

1st

2nd

3rd

4th

5th

SWW

FW

Deduction of 6% ofbasic salary for 1

month or 6%reduction ofemploymentallowances notexceeding 6

months

Deduction of 8% ofbasic salary for 1month or 6%reduction ofemployment


Elevated to C-Severe2nd Breach

f) Loss, Damage or Misuse of CompanyProperty

Negligent damage to company propertyinvolving minor loss, or minor misuse of

1st

2nd

3rd

SWW

FW

Deduction of 6% of


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company property.

4th

5th

basic salary for 1

month andprohibition of usingcompany property/vehicle.

Deduction of 8% ofbasic salary for 1month and

prohibition fromusing companyproperty/vehicle.


g) Dishonesty

Dishonesty, that is intentionalmisrepresentation of facts.

1st

2nd

3rd

4th

5th

SWW

FW

Deduction of 6% of

basic salary for 1month or 6%reduction ofemploymentallowances notexceeding 6months

Deduction of 8% of

basic salary for 1month or 6%

reduction ofemploymentallowances notexceeding 6months

Elevated to C-Severe

2nd Breach

h) Consumption of Intoxicating Liquor orDangerous Drugs

(i) Consumption of intoxicating liquor or taking

dangerous drugs, other than drugs prescribedby a registered medical practitioner, at theworkplace during the appropriate normal hoursof work; or(ii) Being under the influence of intoxicatingliquor or dangerous drugs other than drugsprescribed by a registered medical practitioner ,at the workplace during the appropriate normalhours of work; or(iii) Habitual consumption of intoxicating liquoror dangerous drugs to such an extent as to beincapable of performing duties efficiently orproperly.

1st

2nd

3rd

4th

SWW

FW

Deduction of 6% ofbasic salary for 1month or 6%reduction ofemploymentallowances notexceeding 6months

Deduction of 8% ofbasic salary for 1month or 6%reduction of

employmentallowances not


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5th

exceeding 6

months


i) Conflict of Interest

Engaging in any occupation or undertaking anywork which conflicts with the interests of thecompany/ organisation without the express

permission of the Head of aCompany/Organisation or the Board.

1st

2nd

3rd

4th

5th

SWW

FW

Deduction of 6% of

basic salary for 1month or 6%reduction ofemploymentallowances notexceeding 6months

Deduction of 8% ofbasic salary for 1month or 6%reduction ofemploymentallowances notexceeding 6months


OFFENCE BREACH PENALTYC-SEVERE a) Absenteeism

Repeatedly being absent from duty for 2 to 4

consecutive working days, without permissionor valid reason after being given a first writtenwarning.

1st

2nd

3rd

4th

5th

FW

Deduction of 10%

of basic salary for 1month

Deduction of 12%of basic salary for 1month

Deduction of 15%of basic salary for 1

month

Elevated to D-

Dismissible

b) Disorderly or objectionable Behaviour

(i) Fighting or threatening violence against any

employee or person at the workplace; or

1st

2nd

FW



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(ii) Sexual harassment of any employee or other

person at the workplace or during the course ofbusiness, for example making unwanted sexualadvances, inappropriate and unwantedgestures or suggestions or hints of a sexualnature, unwelcome physical or verbal conduct

of a sexual nature that denigrates or ridiculesor is intimidatory or is generally abusive ofsuch employee or other person because of

his/her sex; or

(iii) Initiating or promoting conflicts at theworkplace; or

(iv) Hindering or obstructing any employee fromperforming lawful duties.

3rd

4th

5th



month / transferfrom work place.

Elevated to D-Dismissible

c) Breach of Secrecy or Confidentiality

Disclosing personal details or giving thepersonal file of any employee, to any

unauthorised person or agency.

1st

2nd

3rd

4th

5th

FW


month


Deduction of 15%

of basic salary for 1month


d) Loss, Damage or Misuse of CompanyProperty

(i) Negligently causing damage to or loss of

property belonging to theCompany/Organisation or in its lawfulpossession; or

(ii) Misusing or making unauthorised use of

property belonging to theCompany/Organisation or in its lawfulpossession; or

(iii) Permitting or causing an unauthorisedperson to make use of property belonging to theCompany/Organisation or in its lawfulpossession; or

(iv) Wilfully causing damage to or loss ofproperty belonging to theCompany/Organisation or in its lawful

possession.

1st

2nd

3rd

4th

5th

FW

Deduction of 10%of basic salary for amonth/restitutionof loss.

Deduction of 12%

of basic salary for 1month /suspendfrom using thecompany propertyfor a period notexceeding 6months


Elevated to D-

Dismissible


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e) Unsatisfactory Work Performance

unsatisfactory work performance.

1st

2nd

3rd

4th

5th

FW

Deduction of 10%of basic salary


Deduction of 15%of basic salary onceoff or demotion byone grade.

Demotion shall bevalid for a periodnot more than one year beforeeligibility is

restored.


f) Consumption of intoxicating liquor ordangerous drugs

Consumption of intoxicating liquor ordangerous drugs to such an extent as to beincapable of performing duties efficiently orproperly.

1st

2nd

3rd

4th

5th

FW



month



g) Dishonesty

(i) Making any false claim or return.

(ii) Wilfully withholding or giving false ormisleading information during an investigationor at an inquiry or hearing relating to theaffairs of the Company/Organisation.

(iii) Failing to account for property or moniesbelonging to the Company/Organisation or in

its lawful possession in respect of which it wasone’s duty to look after or safeguard.

1st

2nd

3rd

4th

FW

Deduction of 10%

of basic salary for 1month andrestitution of loss.

Deduction of 12%of basic salary for 1month andrestitution of loss.

Deduction of 15%of basic salary for 1month and

restitution of loss

Elevated to D-


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5th Dismissible

h) Insubordination or disobedience

(i) Wilfully failing or refusing to comply with theconditions of service or any of the

company’s/organisation’s regulations, anyapplicable laws, laid down policies orprocedures, written standing instructions orrules; and

(ii)Repeatedly disobeying lawful instructions

given by a supervisor, appropriate local seniorofficial, the Head of a Company/Organisationor the Board.

(iii)wilfully failing, neglecting or refusing tocomply with any of the conditions of service,the Company/Organisation rules orregulations, any applicable laws, laid down

policies or procedures, written standinginstructions.

1st

2nd

3rd

4th

5th

FW



Deduction of 15%of basic salary for 1month.

Elevated to D-

Dismissible

i) Discrimination

Discrimination on the basis of race, tribe, place

of origin, political opinion, colour, creed orgender, pregnancy, HIV & AIDS status.

1st

2nd

3rd

4th

5th

FW



month



j) Unlawful Collective Job Action

Collective job action that is not permissible in

terms of the Labour Act.

Dealt with in terms of the Act

k) Injury to Person or Loss of Life

negligent behaviour at the workplace whichresults or is likely to result in injury or death ofan employee or other person.

1st

2nd

3rd

4th

FW

Deduction of10% of basicsalary for 1

month

Deduction of12% of basicsalary for 1month

Deduction of

15% of basicsalary for 1


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5th

month

Elevated to D-

Dismissible

OFFENCE BREACH PENALTY

D-DISMISSIBLE a) Absenteeism

Being absent from duty for a period of 5

consecutive working days or more withoutpermission or valid reason.

1st Dismissible

b) Disorderly or Objectionable Behaviour

(i) assaulting any employee or person at theworkplace; or(ii) abuse of office or position; or

(iii) assault, including physical sexual assault

1st Dismissible

c) Insubordination or disobedience

wilfully failing, neglecting or refusing to complywith any of the conditions of service, theCompany/Organisation rules or regulations,any applicable laws, laid down policies orprocedures, written standing instructions

1st Dismissible

d) Breach of Secrecy or Confidentiality

(i)Disclosing classified or confidential

information relating to the affairs of aCompany/Organisation to an unauthorisedperson; or

(ii) Issuing without permission of press

statements or information concerning affairs ofthe Company/Organisation to the actual orpotential prejudice of theCompany/Organisation; or

(iii) Repeatedly disclosing personal details orgiving the personal file of an employee, to anyunauthorised person or agency.

1st Dismissible

e) Loss, Damage or Misuse of CompanyProperty

Failing to account for property or moniesbelonging to the Company/Organisation or inits lawful possession in respect of which it wasone’s duty to look after or safeguard;

1st Dismissible

f) Dishonesty

(i) Taking or converting, or attempting to takeand convert, to one’s own private use property

or monies belonging to aCompany/Organisation or in its lawfulpossession; or any person at the workplace

1st Dismissible


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(ii) Intentionally making a false claim or return;

(iii) Giving false or misleading informationbefore, on or after appointment to a post withinthe Company/Organisation on one’s

educational qualifications, professionalqualifications, work experience or otherpersonal details; and

(iv) Falsifying an official document or electronicrecord of the Company or recording or causingto be recorded therein false or misleadinginformation or data.

h) Corruption

(i) Soliciting, accepting or receiving any bribe,secret commission, reward or favour inconnection with the discharge of duties fromany person with whom an employee conducts

or is likely to conduct the business of aCompany/Organisation;

(ii) Violating tender or procurement rules orprocedures of a Company/Organisation forpersonal gain; and

(iii) Failure to disclose any interest in aCompany/Organisation conducting business

with a Company/Organisation in which onehas an interest or influence.

1st Dismissible

i ) Injury to a person or Loss of Life

Wilful behaviour at the workplace which resultsor is likely to result in injury/death of anyemployee or another person.

1st

Dismissible

PART 3

DISCIPLINARY AND APPEALS COMMITTEE, COMPOSITION AND TERMS OFREFERENCE


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9. Composition of Disciplinary Committees

(1) The Disciplinary Committee shall be composed as follows:

Chairperson 1 Middle/Senior ManagerWorkers Committee Members 3/AlternateManagement 3/AlternateTotal 7

(2) The quorum of the Disciplinary Committee shall be five (5) members-2 fromeach party and the Chairperson/Alternate.

(3) Where, in exceptional circumstances, a Company/Organisation cannot raisesufficient members to sit on a Disciplinary Committee for whatever reason,such Company/Organisation shall appoint a disciplinary authority in termsof the Labour Act, [Chapter 28:01].

(4) There shall be a Disciplinary Committee Secretary appointed byManagement.

(5) The Disciplinary Committee Secretary shall be a human resources person orany other competent person.

(6) The Secretary shall be responsible for minuting the proceedings of theDisciplinary Committee and preparing a record thereof and advising theDisciplinary Committee on any relevant matters.

(7) The Secretary shall not take part in the proceedings of the decision making,thereof.

(8) Management representatives will be determined by the employer andemployee representatives by the Workers’ Committee.

(9) The Chairperson of Disciplinary Committee hearings shall always be vestedin Management.

(10) An alternate shall attend hearings when his/her principal is absent.

(11) The Chairperson shall preside over all hearings of a Disciplinary Committeeand must exercise impartiality and fairness at all times.

Provided that: –

(a) in the absence of the Chairperson, the Alternate Chairperson shallpreside over a hearing; or

(b) in the absence of both the Chairperson and the alternateChairperson, the hearing shall be postponed to the next earliest datewhen the Chairperson or Alternate Chairperson shall be present.

(12) All issues posed for a decision at a hearing of a Disciplinary Committeeshall, unless the members present are unanimous, be determined by amajority of votes of the members present and in the event of an equality ofvotes the Chairperson shall have a casting vote.

(13) Subject to the provisions of Part 6, all decisions of a Disciplinary Committeeshall be final.


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(14) The Committee shall exercise impartiality, independence, fairness, andobserve the principles of natural justice during the proceedings and inmaking determinations.

10. Composition of An Appeals Committee

(1) An Appeals Committee shall be composed as follows:

Chairperson 1/AlternateWorkers Committee Members 2/AlternateManagement 2/AlternateTotal 5

(2) The quorum of an Appeals Committee shall be four (4) members 1 or 2members from each party and the Chairperson/Alternate.

(3) There shall be an Appeals Committee Secretary appointed by Management.

(4) Where, in exceptional circumstances, a Company/Organisation cannot raisesufficient members to sit on an Appeals Committee for whatever reason,such company/organisation shall appoint the General Manager or Chief

Executive Officer as the Appeals Authority in terms of the Labour Act,[Chapter 28:01].

(5) The Secretary shall be responsible for minuting the proceedings of anAppeals Committee/ Authority and preparing a record thereof and advisingan Appeals Committee or Authority on any relevant matters.

(6) The Secretary shall not take part in the proceedings of the decision making,

thereof.

11. Disciplinary and Appeals Committees Not To Investigate Alleged Act(s)of Misconduct

For the avoidance of doubt, it is hereby expressly declared that-

(a) It shall be the duty of Management to investigate alleged acts of

misconduct involving employees in their respective workplaces in order todetermine whether or not to charge the employee concerned:

(b) Disciplinary and Appeals Committees, like Courts of law, shall onlyentertain or adjudicate on cases of misconduct referred to them on thebasis of the evidence placed before them and shall not investigate allegedacts of misconduct;

(c)

Where necessary, a Disciplinary Committee/Authority may refuse to hearor to continue hearing a case of misconduct, and refer the matter back tothe Complainant for further investigation.

PART 4

PROCEDURES ON DISCOVERY OF MISCONDUCT, SUSPENSION OFEMPLOYEES AND DUTIES OF THE SECRETARY

12. Procedure on Discovery of Minor Acts of Misconduct


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(1) Where after due investigation, the appropriate local senior official is satisfiedthat an employee has committed minor act(s) of misconduct he/she shall,within seven (7) working days:

(a) charge the employee with the misconduct and invite the employee to

respond in writing within seven (7) working days; and

(b) if the employee admits committing the misconduct, proceed in termsof subsection (2) of section 8 and give him/her a verbal warning orreprimand, a first written warning or a final warning, as the case maybe; and

(c) if the employee denies committing the misconduct, hold an inquiryinto the matter with the assistance of the senior member of staff andany employee representative after which he/she shall then make adecision on the guilt or otherwise of the employee and, if he/she findshim/her guilty, proceed in terms of paragraph (b).

(2) An employee who is aggrieved by the decision made by the local seniorofficial, in terms of paragraph (c) of subsection (1) shall be entitled, within 7working days of such decision being made, to appeal to the appropriate

Disciplinary Committee which shall hear and determine the matter. Section21 and 22 shall apply with the necessary relevant changes.

13. Procedures on Discovery of Serious, Severe or Dismissible Acts ofMisconduct

Where, after due investigation, the appropriate local senior official or

manager as the case may be, is satisfied that an employee has committed aserious, severe, or dismissible act(s) of misconduct, he/she shall:-

(a) within seven (7) working days, prefer charges against the employee

and refer the matter together with a written statement specifying thealleged misconduct and details thereof and any relevantdocumentation or other evidence in support of the allegations, to theSecretary of the appropriate Disciplinary Committee; or

(b) proceed in terms of Section 14.

(c) Notify the employee concerned in writing that proceedings shallcommence against him/her.

14. Suspension

(1)

Subject to subsection (2), if in the opinion of the appropriate local seniorofficial or Manager, as the case may be, an employee has committed anoffence referred to in section 13, the local senior official may charge andsuspend the employee and refer the matter to the secretary of the

disciplinary committee within 7 working days with or without pay andbenefits and require him/her to leave the workplace forthwith;

(2)

Suspension without pay shall only apply to dismissible offences.


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(3) The suspension may be without pay and benefits provided no employee shallremain on suspension without pay and benefits for a period exceeding 14working days, calculated from the date of suspension;

(4) Where an employee is suspended without pay and is subsequently

exonerated of misconduct in terms of the Code, he/she shall be paid for the

days during the period of suspension.

For the avoidance of doubt, the employee shall have the right to benotified of the date, place, time and charge of the disciplinary hearing.

15. Duties of the Secretary

Within seven (7) working days of receiving a report of an alleged act ofmisconduct in terms of subsection (a) or (b) of section 13, the Secretary,acting in consultation with the Chairperson, shall: -

(a)

set down a suitable date which shall be within seven (7) working days

from the date of notification of time and place for the hearing of thematter; and

(b)

advise the employee in writing of: -

(i) the charge(s) of misconduct which have been preferredagainst him/her by his/her superior at the same time citingthe relevant provision(s) of this code which he/she is allegedto have contravened; and

(ii) the date, time and place of the hearing of the matter and theconsequences of employee’s failure to attend the hearing,referred to in paragraph (b) of section 18; and

(iii)

his/her rights in terms if paragraph (a) of section 19; and

(c)

provide the employee with copies of any documents, including

affidavits and or statements of witnesses and minutes in the case ofappeal, which are intended to be utilized at the hearing at least seven(7) working days before the hearing; and

(d)

advise the Chairperson and members of the Disciplinary Committee,in writing, of the date, time and place of the hearing and the charge(s)of misconduct being preferred against the employee, and providethem with copies of any documents, including affidavits and orstatements of witnesses, which are intended to be utilized at the

hearing at least seven (7) working days before the hearing; and

(e) summon all relevant witnesses to attend the hearing on the date andat the time and place specified to give oral evidence or produce anyrelevant exhibits; and

(f)

ensure that all exhibits and the employee’s personal file are availableon the date of hearing for use thereat; and

(g) provide upon request relevant information to the committee to enableit to arrive at justified decision.


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PART 5

CONDUCT OF DISCIPLINARY COMMITTEE PROCEEDINGS AND RIGHTS OFPARTIES

16. Interpretation

In this Part, the term “employee” shall be read and construed as referring to the

employee facing a charge of misconduct.

17. Employee’s Entitlements

(1)

After receiving the notice and the information referred to in paragraphs (b)and (c), of subsection (1) of section 15, the employee shall appear before theDisciplinary Committee on the date and at the time and place set down forthe hearing in person and with or without a representative who may beeither a fellow employee, workers committee member, Trade UnionOfficial/legal practitioner/Labour Practitioner;

(2) If for any reason the employee, referred to in section 15 (b)(ii)(2), is unable toattend the hearing he shall inform the Secretary of such inability at least 3

working days before the date of the hearing in which event the Secretary,acting in consultation with the Chairperson, shall postpone the hearing tosome other suitable date and advise all the concerned parties accordingly.

18. General Rules

Disciplinary Committee proceedings shall: –

(a) generally, be conducted in an informal but orderly manner without

strict adherence to civil or criminal rules of procedure, but theChairperson shall ensure that substantial justice is done;(b) be held in the absence of the employee if, after being notified of the

date, time and place of the hearing, he wilfully fails to attend in whichevent the fact that the proceedings were held in the absence of theemployee shall be placed on record;

(c) be concluded within fourteen (14) working days from the date ofcommencement, unless the justice of the case demands otherwise;

(d) be confidential and details thereof shall not be disclosed tounauthorised persons; and

(e) generally be conducted in the English language, but for the sake ofclarity the vernacular language may also be used.

(f)

After the expiry of the 30 working days, the matter shall be dealt with

in terms of the Act.(g)

If the justice of the case so demands that the prescription period of30 days be extended it shall so be noted, agreed and adopted.

19. Rights Of Parties

(1) At a Disciplinary Committee hearing: -

(a) The employee shall be entitled -

(i) to prosecute his/her case himself/herself or through his/herrepresentative/legal practitioner and to cross examine any

witness giving evidence against him on any material issue,without being unduly interrupted or discouraged in anymanner;


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(ii) to call witnesses, if any, to testify in his/her favour;

(iii)

to have access to exhibits;

(iv) to be provided, at the expense of the Company , with the

services of an interpreter if he does not understand or cannotexpress himself in English;

(v)

to object to having his/her case heard in the presence of anyparticular member of a Disciplinary Committee, by stating thereasons thereof, after which the Disciplinary Committee shallfirst determine such objection in the absence of the employeeand the member concerned and if satisfied that the objectionis valid, cause such member to recuse himself/herself, beforethe proceedings are commenced or resumed; and

(vi) to object on any matter of procedure by stating the reasonsthereof which shall be considered by the DisciplinaryCommittee and a ruling made, before the proceedings resume;

(b) the Chairperson and members of the Disciplinary Committee shall beentitled to cross examine any witness, including the employee, on

any material issue for purposes of ascertaining the truth regardless ofin whose favour that it may be;

(c) if the Chairperson or any member of a Disciplinary Committee hasreasonable grounds (such as personal interest in a matter before theDisciplinary Committee or close friendship/relationship with theemployee) to believe that he/she should recuse himself/herself from ahearing, he shall state the reasons thereof which shall be consideredby the Disciplinary Committee and a ruling made, before the

employee is called in for the commencement of the proceedings; and

(d) witnesses shall be entitled to give their evidence freely and withoutbeing unduly harassed or humiliated in any manner.

(2) At a Disciplinary hearing the complainant may appoint a legal practitioner/an internal legal practitioner/any external registered legal practitioner toprosecute his case.

(3) During the proceedings the Disciplinary Committee may enlist the services ofa labour law expert to advise on specific issues.

(4) The company or organisation shall reimburse all proven costs in respect of

an employee who is successful in their appeal based on Travel andSubsistence rates applicable to the employee.

20. Procedure for Disciplinary Hearings

(1) At the commencement of a Disciplinary Committee hearing the Chairpersonshall:-

(a) formally state the charge(s) of misconduct against the employee;

(b) ascertain whether the employee understands the charge(s) ofmisconduct being preferred against him/her; and

(c) invite him/her to answer to the charge(s) of misconduct.


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(2) If, in answer to the charge(s) of misconduct, in terms of paragraph (c) ofsubsection (1), the employee: -

(a) admits that he/she is guilty of the misconduct, the Disciplinary

Committee shall:-

(i) find him/her guilty accordingly; and

(ii) after hearing his/her plea in mitigation or any representationswhich he may wish to make, advise him/her that he/she shallbe informed of the outcome of the case in writing within thenext three working days, after which the employee andhis/her representative, if any, shall be excused whilst theDisciplinary Committee proceeds in terms of subsection (4) todecide on the appropriate penalty and conclude theproceedings;

(b) admits some, but not all, of the charges of misconduct, theDisciplinary Committee shall find him/her guilty of the charge(s)which he/she admits; and

provided that the Disciplinary Committee may, if it considersit appropriate, abandon the charge(s) which the employeedenies and proceed in terms of paragraph (a);

(c) denies the charge(s) of misconduct, the Chairperson shall:-

(i) call upon the person who made the allegation or complainantto give evidence for the employer in support of the allegation;

(ii) call upon the employee to cross-examine the complainant witha view to establishing the truth or falsity of the allegation(s);

(iii) thereafter ask any member of the Disciplinary Committee tocross examine the complainant any relevant question(s) with aview to seeking clarification on any aspect of what thecomplainant has said;

(iv) call upon any witness(es) for the employer to give evidence insupport of the employer and thereafter to be cross-examinedby the employee and the Disciplinary Committee;

(v) after all the witnesses for the employer have given evidence

and have been cross-examined, call upon the employee to giveevidence in support of his/her own defence and thereafter tobe cross-examined by the complainant and the DisciplinaryCommittee;

(vi) after the employee has given his/her evidence and has beencross-examined, he will then be called upon to call his/herwitnesses in turn, each of whom will, after he has givenhis/her evidence be cross-examined by the complainant andthe Members of the Disciplinary Committee; and

(vii) call upon both the complainant and the employee to make

closing submissions in support of their cases and thereafterexcuse them;


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(d) After hearing all the evidence, the Disciplinary Committee shall weighthe evidence in support of the charge(s) in relation to the evidenceagainst the charge(s) and decides, on a balance of probabilities,whether or not the alleged misconduct has been proved andthereafter decide on the appropriate verdict and make any relevant

recommendations.

(3) If, at the conclusion of the proceedings held in terms of paragraph (c) ofsubsection (2), the Disciplinary Committee finds the employee -

(a) not guilty of the charge(s) of misconduct, the Chairperson shallpronounce such verdict to the employee; and

(b) guilty of the charge(s) of misconduct, the Chairperson shall recall theemployee and his/her representative, if any, and -

(i) pronounce the verdict to the employee and invite him orhis/her representative, if any, to make a plea in mitigation orany representations; and

(ii)

advise the employee that he shall be informed of the outcomeof the case, in writing, within the next three working days,

after which the employee and his/her representative, if any,shall be excused whilst the Disciplinary Committee proceedsin terms of subsection (4) to decide on the appropriate penaltyand conclude the proceedings.

(4) Immediately after finding an employee guilty of misconduct and hearinghis/her plea in mitigation or representations, the Disciplinary Committeeshall;-

(a) consider mitigatory factors; and

(b) decide on the appropriate form of penalty, specified in subsection (2) ofsection 8, after which the Chairperson shall declare the proceedingsclosed.

(5) The Secretary shall, within three working days of the conclusion of theproceedings in terms of subsection (4) and in writing :-

(a) advise the employee of the outcome of the case and his/her right ofappeal in terms of Section 22 of the Code; and

(b) advise the relevant local senior official or Management, as the casemay be, to take the necessary action and implement the decision of

the Disciplinary Committee.

(6) The Secretary shall prepare minutes within seven (7) working days thereofwhich shall be duly confirmed and signed by all the Disciplinary Committee

Members.

(7) The Secretary shall avail signed copies of minutes to the employee.

(8) For the avoidance of doubt, an appeal from a decision of the DisciplinaryCommittee or an Appeals Committee shall not suspend the operation or

effect of the decision appealed against.


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PART 6

APPEALS FROM DECISIONS OF DISCIPLINARY COMMITTEES

21. Appeals to the Appeals Committee/Authority

(1) There is hereby established an Appeals Committee composed of theChairperson and members, or their Alternates, and a Secretary/Advisor,which shall hear Appeals from decisions of Disciplinary Committees.

(2) An employee, referred to in section 20, who is aggrieved by a decision ordetermination made by a Disciplinary Committee, may appeal to the AppealsCommittee/Authority, which shall determine the matter within fourteenworking days.

(3) An employee who fails to appeal to the Appeals Committee/Authority withinseven (7) days may seek leave to condone the late application. If denied the

leave to appeal, such employee may seek recourse to the Labour Court.

(4) An employee who is aggrieved by a decision of, or determination made by theDisciplinary Committee may note an appeal to the AppealsCommittee/Authority before receiving the confirmed and signed minutes of

the Disciplinary Hearing.

(5) It is hereby expressly declared that a determination by the AppealsCommittee/Authority, in terms of subsection (2), shall be the final decision ofa Company/Organisation and no appeal shall lie thereof to any other officialor committee of a Company/Organisation.

(6) An appeal against a decision/determination of the AppealsCommittee/Authority shall lie with the Labour Court in terms of Section89(d1) and 98(10) of the Labour Act if done in terms of the Company Code ofConduct and shall lie with the NEC if conducted in terms of the IndustryCode of Conduct.

(7) The General Rules and Rights of Parties of the Disciplinary Committee shallmutatis mutandis (with the necessary relevant changes) apply to theAppeals Committee.

22. Procedure for Appeals Hearing

(1) At the commencement of an Appeals Committee Hearing, the Chairpersonshall:-

(a) invite the appellant employee to state the nature and grounds ofhis/her appeal;

(b) call upon the committee to seek any clarification from the appellantemployee;

(c) call upon the committee to seek clarification from the complainant ifany; and


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(d) call upon the employee to summarise his/her submissions in supportof his/her case and thereafter excuse both the appellant employeeand the complainant.

(e) ensure that no new evidence is being submitted. That means the

appeals committee shall confine itself to the record of proceedings.

However where the record of the proceeding is being challengedsignatories to the Record of proceeding may be called as witnesses.

(2) Where in appropriate circumstances, an appellant wants to introduce newevidence he/she shall make an application to the Appeals Committee whichshall make a determination on that matter, bearing in mind that the AppealsCommittee confines itself to the record of proceedings.

(3) After hearing all the submissions, the Appeals Committee shall weigh theevidence and circumstances in support of the appeal in relation to theevidence for the charge(s) and decide, on a balance of probabilities whetheror not to;-(a) allow the appeal.(b) vary the decision of the Disciplinary Committee.(c) dismiss the appeal.(d) refer the matter to a new Disciplinary Committee for a fresh hearing.

23. Appeals to the Labour Court

If aggrieved by a determination made by the Appeals Committee in terms ofsubsection (2) of section 22, the employee concerned may appeal to theLabour Court in terms of the Act.

PART 7

GENERAL MATTERS

24. Access of employees to Industry Code

The company /organisation shall ensure that all employees at a workplacehave access to this Employment Code and each employee shall be issuedwith one upon engagement or appointment.

25. Amendment or Repeal of Industry Code

Subject to the provisions of the Act, this Code may be amended or replaced,with the written consent of all parties to the Employment Council.

26. Retention of Records

All records of proceedings conducted in terms of this Code shall be kept orpreserved for at least 36 months before disposal.

GRIEVANCE HANDLING PROCEDURE

1. Purpose and Application


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(1) The purpose of this Grievance Handling Procedure shall be to secure the just, effective and expeditious resolution of grievances.

(2)

This grievance handling procedure shall apply and be binding to allemployers and employees within the NEC scope of coverage.

2. Interpretation

In this Chapter :-

(a) “act” means the Labour Act [Chapter 28:01] as maybe amended from

time to time.(b)

“aggrieved employee” means an employee who hasa grievance.

(c) “grievance” means a complaint or perceived state ofdisaffection by an employee relating to his/her employment.

3. General Procedure for Handling Grievances

(1) The following procedure shall be observed when dealing with grievances;

a) an aggrieved employee shall within 90 calendar days of the grievancearising submit the grievance to the employer in writing on theprescribed form GHF1.

b)

Upon receipt of the grievance lodged in terms of 3(1)(a)the employer shall resolve the grievance within 30 calendar days.

c) If the employer fails to resolve any grievance submitted it in terms of thissection, or if the employee is not satisfied with the outcome of the

grievance resolution, the aggrieved employee may within 7 working daysrefer the matter to the Secretary of the Grievance Hearing Committee bycompleting form GHF2.

d)

Upon receipt of a matter referred to it in terms of subsection (c) theGrievance Hearing Committee shall within 14 working days hear andmake determination on the matter.

e) In the event that the grievance hearing Committee fails to determinethe matter within the stipulated time, or if the aggrieved employee is notsatisfied with the determination of the Grievance Hearing Committee,he/she may within 14 working days refer the matter to the DesignatedAgent who shall deal with the matter in terms of the Act

4. Composition of Committee

1). The Grievance Hearing Committee shall comprise of the following

members:

Chairperson 1 (provided by the employer) Trade Union/Worker Representative 3Management 3 Total 7Secretary/Advisor (who shall be a human resources or a person with a legal

background provided by the employer )


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2) The quorum at Grievance Hearing Committee proceedings shall befive (5), including the Chairperson, with at least two from each party,which quorum shall be maintained throughout the proceedings.

3) Management representatives will be determined by the employer and

Trade Union Representative will be determined by the Trade union

concerned.

4) The Chairperson shall preside over all hearings of the grievancehearing committee and must exercise impartiality and fairness at alltimes.

5) All issues posed for a decision at a hearing of a Grievance HearingCommittee shall be by consensus failing which the committee shalldeclare a deadlock.

6) The Committee shall exercise impartiality, independence, fairness,and observe the principles of natural justice during the proceedingsand in making determinations.

5. Duties of the Secretary

(1) The Secretary shall be responsible for minuting the proceedings of theGrievance Hearing Committee and preparing a record thereof andadvising the Committee on any relevant matters.

(2)

The Secretary shall not take part in the proceedings of the decisionmaking, thereof.

(3)Upon receipt of a complaint from an aggrieved employee, the secretaryshall set down the matter for hearing within five (5) working days:

(a) advise the Chairperson and members of the Committee, inwriting, of the date, time and place of the hearing;

(b)

provide upon request relevant information to the committee toenable it to arrive at a justified decision.

6. General Rules

Grievance Hearing Committee proceedings shall: –

(a) generally, be conducted in an informal but orderly manner withoutstrict adherence to civil or criminal rules of procedure, but the

Chairperson shall ensure that substantial justice is done;(b) be concluded within nine (9) working days from the date of

commencement, unless the justice of the case demands otherwise;(c) be confidential and details thereof shall not be disclosed to

unauthorised persons; and(d) generally be conducted in the English language, but for the sake of

clarity the vernacular language may also be used.(e)

The Committee may on its own accord call any witnesses it deemsnecessary.

(f)

If the matter is not concluded within 14 working days from receipt ofthe matter it shall be referred to the Designated Agent.

7. Rights of Parties

(1) At a Grievance hearing the employee shall be entitled to: -


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(a) present his/her case himself/herself or through his/herrepresentative/legal practitioner and to cross examine any witnessgiving evidence against him on any material issue, without beingunduly interrupted or discouraged in any manner;

(b) to call witnesses, if any, to testify in his/her favour;

(h) to be provided, at the expense of the Company , with the services ofan interpreter if he does not understand or cannot express himself inEnglish;

(i)

to object to having his/her case heard in the presence of anyparticular member of a Grievance Hearing Committee, by stating thereasons thereof, after which the Committee shall first determine suchobjection in the absence of the employee and the member concernedand if satisfied that the objection is valid, cause such member torecuse himself/herself, before the proceedings are commenced orresumed; and

(j)

to object on any matter of procedure by stating the reasons thereofwhich shall be considered by the Committee and a ruling made,

before the proceedings resume.

(2) The Chairperson and members of the Committee shall be entitled to askquestions and seek clarifications from any witness, including the employee,on any material issue for purposes of ascertaining the truth regardless of inwhose favour that it may be.

(3) If the Chairperson or any member of a Committee has reasonable grounds(such as personal interest in a matter before the Committee or close

friendship/relationship with the employee) to believe that he/she shouldrecuse himself/herself from a hearing, he shall state the reasons thereofwhich shall be considered by the Committee and a ruling made, before theemployee is called in for the commencement of the proceedings.

(4) Witnesses shall be entitled to give their evidence freely and without beingunduly harassed or humiliated in any manner.

(5) Where the employee or any of the witnesses is required by the committee totravel to a location where the hearing is being conducted, the employer willmeet all travel and subsistence costs thereto.

8. Hearing Procedures

1)

At the hearing the aggrieved employee shall personally or through his/herrepresentatives present his/her case, calling in any witnesses.

2) The Committee may ask questions and seek clarifications from the aggrievedemployee and his/her witnesses.

3)

After the aggrieved employee has closed his/her case the employer shallmake its own presentation in response to the case calling in any witnesses.

4)

The Committee may ask questions and seek clarifications from the employer

and its witnesses.


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5) After the parties have finished presenting their cases, the committee may askboth parties to make closing submissions summarizing their cases.

6)

After closing submissions, the committee will deliberate on the matter andmake its own determination which shall be communicated to the parties in

writing within three (3) days.

Figure 1

This Industry Code of Conduct cancels and replaces the Zimbabwe EnergyIndustry Employment Code of Conduct and grievance Handling Procedures 2011registered on 26 July 2011.

THUS DONE AND AGREED UPON BY THE NATIONAL EMPLOYMENT COUNCIL

FOR THE ZIMBABWE ENERGY SUPPLY INDUSTRY ON THE………………………DAY OF……………… 2013 IN HARARE.

SIGNED

Israel Murefu………………………………………. Date………………………….Chairman of Council

Joshua M. Chifamba………………………....... Date ………………………… Electricity and Energy Industry Employers’ Association of Zimbabwe Representative

Angeline Chitambo……………………………… Date ………………………… Zimbabwe Energy Workers’ Union (ZEWU) Representative

Caleb Joboringo…………………………………. Date…………………………. ZESA Technical Employees’ Association (ZTEA) Representative

Edson. M. Chinjekure…………………………… Date ………………………. Secretary of Council

Designated Agent - NEC

Grievance Hearing Committee

Employer

Employee


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Appendix A

Written Warning Forms

Part A: Notice to Appear Before the Disciplinary/Appeals Committee

National Employment Council for the Zimbabwe Energy Industry Code of Conduct

NOTIFICATION TO PARTY TO ATTEND PROCEEDINGS

To: ..............................................................................................................................................................................................................................................................................................................................

(Name and address of party)

You are hereby notified that the matter concerning: ............................

............................................................................................................

............................................................................................................

............................................................................................................(subject matter)

In respect of: .......................................................................................

............................................................................................................

............................................................................................................

And to which you are a party/to which you have been joined as a party/shall beheard before:-

.................................................................................................................................

......................................................................................

...........................................................................................................(specify the Committee)

At .......................................................................................................(place)

On.......................................................................................................

(time)

N.B. If as a party, you fail to attend the hearing at the time and place notified, thehearing may proceed without you to the possible detriment of your interests.

Given under my hand at:...............Harare................This ..............20.....

Secretary to the ....................................................... CommitteeName..............................................Date...................

Address...............................................................................................................................................................................................


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Part B

First Written Warning

From ……………………………………………….. ………………………At……………………….

To…………………………………………………………………………….At ……………………….

Subject………………………………………………………………………Date ……………………

………………………………………………………………………………..File Ref: ………………. (state Act of misconduct committed and Code of Conduct section thereto)

Having found you guilty of committing the above-mentioned minor act ofmisconduct within a period of three(3) months of being given a verbalwarning/reprimand for misconduct, I do hereby give you a first written warning todesist from committing similar act of misconduct. This warning shall remain validfor six(6) months.

Should you commit a similar or any act of misconduct during the period of validityof this/her warning, further disciplinary action shall be taken against you.

Signed: ____________________________________________________Appropriate Local Senior Official/Manager next in line(delete inapplicable)

I acknowledge receipt of this first written warning and I do/do not accept that the

warning was justified. (delete inapplicable)

Signed: ____________________________________________________Employee

Witness: ___________________________________________________

Notes

1. If the employee does not accept that the warning was justified, he shallbriefly state the reasons thereof which shall be recorded on this/her form oron a separate sheet of paper to be attached to this form.

2. The original signed copy of this form shall be given to the Employee, oneduplicate copy placed in the Employee’s personal file and the other duplicatecopy shall be retained by the local senior official or the manager next in line,as the case may be.


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Part B

Severe Written Warning

From ……………………………………………….. ………………………At ……………………

To…………………………………………………………………………….At ……………………

Subject……………………………………………………………………..Date ……………………

……………………………………………………………………………….File Ref: ………………. (state Act of misconduct committed and Code of Conduct section thereto.)

Having found you guilty of committing the abovementioned minor act of misconductwithin a period of 6 months of being given a severe written warning for misconduct, Ido hereby give you a severe written warning to desist from committing similar act ofmisconduct during the validity of this warning or this warning shall remain valid forsix(6) months.

Should you commit a similar or any act of misconduct within that period, you shallbe brought before the appropriate Disciplinary Committee and if found guilty youmay be dismissed from employment.Signed: ____________________________________________________

Appropriate Local Senior Official/Manager next in line(delete inapplicable)

I acknowledge receipt of this severe written warning and I do/do not accept that the

warning was justified. (delete inapplicable)

Signed: ____________________________________________________Employee

Witness: ___________________________________________________

Notes

1. If the employee does not accept that the warning was justified, he shall statethe reasons thereof which shall be recorded on this form or on a separatesheet of paper to be attached to this form.



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Part C

Final Warning

From ……………………………………………….. ………………………At……………………….

To…………………………………………………………………………….At ……………………….

Subject………………………………………………………………………Date ……………………

………………………………………………………………………………..File Ref: ………………. (state Act of misconduct committed and Code of Conduct section thereto)

Having found you guilty of committing the above-mentioned act of misconductwithin a period of nine(9) months of being given a final warning for misconduct, I dohereby give you a final warning to desist from committing similar act of misconduct. This warning shall remain valid for nine (9) months.

Should you commit a similar or any act of misconduct during the period of validityof this/her warning, further disciplinary action shall be taken against you.

Signed: ____________________________________________________Appropriate Local Senior Official/Manager next in line(delete inapplicable)

I acknowledge receipt of this final written warning and I do/do not accept that thewarning was justified. (delete inapplicable)

Signed: ____________________________________________________Employee

Witness: ___________________________________________________

Notes1. If the employee does not accept that the warning was justified, he shall

briefly state the reasons thereof which shall be recorded on this/her form oron a separate sheet of paper to be attached to this form.



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Appendix B

DETERMINATION FORM

To.............................................................................................................................Name of Employee

From ........................................................................................................................Secretary of Disciplinary Committee

Subject: Determination of Matter

Please be advised that the matter which was heard by the disciplinary Committee inrespect of the following allegations was determined as shown.

Allegation/Charge Guilty/Not Guilty

1.

2.

3.4.

The Committee imposed the following penalty(ies) .....................................................

............................................................................................................................. ....

.................................................................................................................................

............................................................................................................................. ....


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Appendix C

Grievance Handling Form 1 (GHF1)

INDUSTRY GRIEVANCE FORMDetails of Employees

Full Names…….……………………………………………………………………

Employee Number ……………………………………………………………….

Department/Area/Station ……………………………………………………………..

Hearing Officer to whom grievance is directed ………………………………………

The nature of my Grievance is as follows:……………………………………

……………………………………………………………………………………………………………

……………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………

(A separate sheet(s) can be attached if this provided space is not enough)

Please could you investigate the abovementioned grievance and revert to me with your decision in accordance with the Industry’s grievance handling procedure.

…………………………………… ………………………………… Date Employee

…………………………………… ………………………………….

Date Witness


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Grievance Handling Form 2 (GHF2)

Reference of matter to Grievance Handling Committee Details of Employees

Full Names…….……………………………………………………………….

Employee Number ………………�

Documents

Industry CODE of CONDUCT 2013 With Grivience Handling Procedures