ZIMBABWE ENERGY INDUSTRY

EMPLOYMENT CODE OF CONDUCT

AND
GRIEVANCE HANDLING PROCEDURES
2013

23/04/2013

Zimbabwe Energy Industry Employment Code of

Conduct
Preamble
This Industry Code provides for:(a)

fundamental principles governing

Employment Code of Conduct;

the

Zimbabwe

Energy

Industry

(b)

a framework for consultation and conciliation in the conduct of labour

relations and dispute settlement at the workplace;

(c)

the right of the employee to be heard;

(d)

the rights and duties of Trade Union(s)/Workers Committee/Worker

Representative(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 disciplinary

rules and procedures essential for the just, prompt and fair treatment of
employees charged with misconduct, and the rights of such employees to
appeal against the decisions of Disciplinary Committees;

(i)

a fair and equitable system for efficient handling and resolution of

grievances of employees at the workplace;

(j)

basic minimum standards of conduct within the Zimbabwe Energy

Industry;

(k)

observation of principles of natural justice; and

(l)

other matters incidental to the aforegoing.

Arrangement of Sections
CODE OF CONDUCT
Part 1: Preliminary
1.
2.
3.
4.
5.

Title.
Interpretation of terms.
Application.
Fundamental principles governing the Industry Code.
Rights and duties of Management and Trade Union/ Worker
Representatives.

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

of Misconduct
6.
7.
8.

Rules of conduct to be observed at a workplace.

Definition of acts of misconduct.
Categorisation of acts of misconduct and penalties thereof.

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

Reference
9.
10.
11.

Composition of Disciplinary Committees.

Composition of an Appeals Committees.
Disciplinary Committees and Appeals Committees.

Part 4: Procedure on Discovery of Misconduct, Forced Leave and Suspension of

Employees and Duties of the Secretary
12.
13.
14.
15.
16.

Procedure on discovery of minor acts of misconduct.

Procedures on discovery of serious, severe or dismissible acts of
misconduct.
Forced leave.
Suspension.
Duties of the Secretary.

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

17.
18.
19.
20.

Interpretation.
General rules.
Rights of parties.
Procedure.

Part 6: Appeals against Decisions of Disciplinary Committees.

21.
22.
23.

Appeals to Appeals Committee.

Procedure for Appeal Hearings.
Appeals to the Labour Court.

Part 7: General Matters

24.
25.
26.

Access of Employees to the Industry Code.

Amendment or repeal of the Industry Code.
Retention of records.

GRIEVANCE HANDLING PROCEDURES

1. Purpose.
2. Application
3. Interpretation.
4. General Procedure for Handling Grievances.
5. Composition of Committee.
6. Duties of the Secretary.
7. General Rules
8. Rights of Parties.
9. Hearing procedures.
10. Confidentiality.
Appendix A:

Part A: Notice to Appear before Disciplinary/Appeals

Committee
Part B: First Written Warning Form
Part C: Severe Written Warning
Part D: Final Written Warning Form

Appendix B:

Determination Form

Appendix C:

Grievance Handling Form 1

Grievance Handling Form 2

EMPLOYMENT CODE OF CONDUCT

PART 1
PRELIMINARY
1.

Title

This Industry Employment Code of Conduct shall be cited as the Zimbabwe Energy
Industry 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/Organisation
established in terms of this Code.
Board means the Board of Directors of a Company/Organisation which is
responsible for giving strategic direction to the Company/Organisation.
Chairperson means the Chairperson of a Disciplinary Committee or an Appeals
Committee, 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 occupies
to a lower post with lower salary, lesser responsibilities and employment benefits.
Disciplinary Committee means a committee established in terms of Part 3 of the
Industry Code.
Downgrading means the reduction where applicable in grade, salary and other
associated employment benefits of an employee but without a change in his/her job
title and the duties of his/her current post for a specified period.
Employee means any person, howsoever designated, employed by or working for
the Zimbabwe Energy Industry in terms of a contract of employment, and includes
contract 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 the
Zimbabwe Energy Industry.
Employee Representative means a person requested by an Employee to
represent 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 Zimbabwe
Energy Industry.
Head Office means the principal place of business of a Company/Organisation.
Head of a Company/Organisation means the appropriate
Company/Organisation as defined by a Company/Organisation.

Head

of

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 Senior
Official 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
Company/Organisation Human Resources Policies.

defined

by

the

respective

NEC Scope of Coverage means employees in grades A1 to D2 or equivalent except

where a Company/Organisation uses a different grading structure.
Secretary means Secretary of a Disciplinary/an Appeals Committee whose
responsibility shall be to co-ordinate, advise and record proceedings of a
Disciplinary/an Appeals hearing.
Supervisor means an employee appointed to direct and supervise work carried
out by other employees.
Trade Union means any registered Trade Union with registered interests in the
Zimbabwe Energy Industry.
Workers Committee Member means a person/employee/member elected in
terms of Section 23 of the Labour Act [Chapter 28:01].
Workplace means any place, site or premises where an employees presence is
required in carrying out Company/Organisations business.
3.

Application

This Industry Code shall apply and be binding on all employees and employers
within 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 A1
to 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)
(b)
(c)
(d)

peaceful and orderly conduct of labour relations;

fairness, justice, equity, promotion of stability and increased
productivity at the workplace;
mutual trust between Management, workers and Trade Unions;
respect for the fundamental and basic rights and duties of the
Employer, workers and the Trade Unions.

5.

Rights and Duties of Management and the Trade

Unions

(1)
In this Industry Code, Management shall have the following rights and duties
to :
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)

manage and conduct the business of the Company effectively and

efficiently;
administer discipline impartially and according to set standards and
procedures;
refrain from unfair labour practices;
abide by the letter and spirit of the Industry Code;
abide by any collective bargaining agreement or any other agreement
reached with the Trade Unions and workers Committees;
act in good faith in dealings with the Trade Unions;
abide by the Health and Safety requirements at the work place.
create a conducive and an enabling working environment at the
workplace;
adhere to good corporate governance;
ensure that employees are provided with a copy of Code and are made
aware of the provisions therein; and
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 have
the rights and duties to :(a)
(b)
(c)
(d)
(e)

ensure that employees rights and interests are not unduly violated
at the work place;
abide by the letter and spirit of the Industry Code;
refrain from unfair labour practices;
act in good faith in dealings with Management; and
ensure that employees are aware of the provisions of this Industry
Code through training.

PART 2
RULES OF CONDUCT, ACTS OF MISCONDUCT, CATEGORISATION OF AND
PENALTIES FOR ACTS OF MISCONDUCT
6.

Rules of Conduct to be Observed at a Workplace

Every employee shall:(1)

(a)
(b)
(c)
(d)
(e)
(f)
(g)

keep and observe the prescribed work times;

perform the duties and responsibilities of his/her post or position
competently in such a manner as to achieve set objectives and
performance standards;
abide by all such rules, regulations and any Company policies as
shall lawfully apply from time to time;
handle, maintain or otherwise use Company property with due care
and attention and in accordance with Company policy as laid down
from time to time;
keep confidential all such information as he/she obtains or is made
aware of in the course of his/her employment and/or incidental
thereto;
desist from being under the influence of alcohol, dangerous drugs
and related substances;
serve and promote the interests of the Company; and

(h)
(2)

observe Safety, Health and Environment requirements in the work

place.
An employee who breaches any of the rules of conduct specified in
subsection (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 of

misconduct(a)

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

(ii)
(iii)
(iv)

(b)

reporting late for duty without permission or valid reason; or

leaving the workplace or stopping to work before the normal
stopping time, without permission or valid reason; or
unauthorised absence from the workplace during the
appropriate normal hours of work, without a valid reason; or
unauthorised extended tea or lunch breaks without valid
reasons.

Absenteeism, that is to say:

being absent from duty during the appropriate working days without
permission or valid reason.

(c)

Unsatisfactory Work Performance, that is to say: (i)

(ii)

(d)

Insubordination or disobedience, that is to say:(i)

(ii)
(iii)

(e)

being careless, negligent, inefficient or incompetent in the

performance of his/her duties; or
failing to achieve agreed performance targets or standards, for
reasons within the control of the employee; or

neglecting or refusing to perform any work or duty lawfully

and properly assigned by a supervisor, appropriate local
senior official, the Head of a Company/Organisation or the
Board; or
disobeying lawful instructions given by a supervisor,
appropriate
local
senior
official,
the
Head
of
a
Company/Organisation or the Board; or
wilfully failing, neglecting or refusing to comply with any of the
conditions of service, the Company/Organisation rules or
regulations, any applicable laws, laid down policies or
procedures, written standing instructions; or

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

(ii)
(iii)
(iv)

fighting or threatening violence against any employee or

person at the workplace; or
using abusive, insulting or obscene language against any
employee or person at the workplace; or
being rude, discourteous impolite or disrespectful to any
employee or person at the workplace; or
conducting oneself or behaving in a manner at the workplace
which brings the name of a Company/Organisation into
disrepute
or
to
tarnishing
the
image
of
a

(v)

(vi)
(vii)
(viii)
f)

Conflict of Interest, that is to say:(i)

(ii)

g)

h)

engaging in any occupation or undertaking any work outside

the scope of normal duties which conflicts with the interests of
a Company/Organisation without the permission of the Head
of a Company/Organisation or the Board.
failure to disclose any interest in a Company/Organisation
conducting business with the company in which one has an
interest or influence.

Breach of Secrecy or Confidentiality, that is to say: (i)

disclosing personal details of any employee or giving the

personal file of any employee to an unauthorised person or
agency.

(ii)

disclosing classified or confidential information relating to the

affairs of a Company/Organisation to an unauthorised
person; or

(iii)

issuing without permission or authority, press statements or

information concerning the affairs of a Company/Organisation
to
the
actual
or
potential
prejudice
of
a
Company/Organisation.

Loss, Damage or Misuse of Company Property, that is to say: (i)

(ii)
(iii)
(iv)

(i)

Company/Organisation such as when driving marked vehicle

or when wearing Company/Organisation uniform.
sexual harassment of any employee or other person at the
workplace or during the course of business, for example
making unwanted sexual advances, inappropriate and
unwanted gestures or suggestions or hints of a sexual nature,
unwelcome physical or verbal conduct of a sexual nature that
denigrates or ridicules or is intimidatory or is generally
abusive of such employee or other person because of his/her
sex; or
physically and verbally assaulting any employee or person at
the workplace; or
hindering or obstructing any employee from performing
his/her lawful duties; or
deliberately or making a false report or claim against an
employee or person at the workplace.

negligently causing damage to or loss of property belonging to

a Company/Organisation or in its lawful possession; or
wilfully causing damage or loss of property belonging to a
Company/Organisation or in its lawful possession; or
misusing or making unauthorised use of property belonging to
a Company/Organisation or in its lawful possession; or
permitting or causing an unauthorised person to make use of
property belonging to a Company/Organisation or in its lawful
possession;

Consumption of Intoxicating Liquor or Dangerous Drugs, that is to

say (i)

drinking beer at the workplace; or

(ii)

(iii)

(iv)

(j)

Dishonesty, that is to say: (i)

(ii)
(iii)
(iv)

(v)
(vi)

k)

consumption of intoxicating liquor or taking dangerous drugs,

other than drugs prescribed by a registered medical
practitioner, at the workplace during the appropriate normal
hours of work; or
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 normal
hours of work; or
habitual consumption of intoxicating liquor or dangerous
drugs to such an extent as to be incapable of performing
duties efficiently or properly.

taking and converting or attempting to take and convert, to

ones own private use property or moneys belonging to a
Company/Organisation or in its lawful possession or from any
person at the workplace; or
failing to account for property or moneys belonging to a
Company/Organisation or in its lawful possession, in respect
of which it was ones duty to look after or safeguard; or
intentionally making any false claim or return; or
giving false or misleading information before, on or after
appointment to a post within a Company/Organisation on
ones educational qualifications, professional qualifications,
work experience or other personal details; or
falsifying an official document or electronic record of a
Company/Organisation or wilfully recording or causing to be
recorded therein false or misleading information; or
wilfully withholding information or giving false or misleading
information during any investigation or at any inquiry or
hearing relating to the affairs of a Company/Organisation,
including disciplinary matters and grievances.

Criminal Conduct, that is to say:being convicted of any criminal offence committed and being
sentenced to a term of imprisonment or Community Service
for five(5) or more consecutive working days without the
option of a fine.

l)

Corruption, that is to say (i)

(ii)

(iii)

n)

practising or attempting to practise nepotism or favouritism in

making or recommending the appointment or promotion of
any person to a post within a Company/Organisation; or
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 likely
to conduct the business of a Company/Organisation; or
violating tender or procurement rules or procedures of a
Company/Organisation for personal gain; or

Injury to Person or Loss of Life, that is to say:(i)

negligent behaviour at the workplace which results or is likely

to result in injury or death of an employee or other person.

10

(ii)

o)

wilful behaviour at the workplace which results or is likely to

result in injury or death of an employee or other person.

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 the
Labour 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 proved
ineffective.

(1)

The acts of misconduct listed in subsection (1) of section 7 are hereby

categorised as followsCategory A
Minor
Category B
Serious
Category C
Severe
Category D
Dismissible
and 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 or
gravity of any misconduct of the part of the dismissed employee, consider
whether 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 circumstances

should 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 and
the Disciplinary Committee/Appeals Committee is not obliged to impose the
maximum.

TABLE 8.1: CATEGORISATION OF ACTS OF MISCONDUCT AND

PENALTIES THEREOF
VW VERBAL WARNING

11

FWW- FIRST WRITTEN WARNING VALID FOR 3 MONTHS

SWW SEVERE WRITTEN WARNING VALID FOR 6 MONTHS
FW- FINAL WARNING VALID FOR 9 MONTHS
D- DISMISSIBLE

OFFENCE

A - MINOR

BREACH PENALTY

a) Poor Time Keeping

1st

VW

(i) Reporting late for duty without permission

or valid reason; or

2nd

FWW

3rd

SWW

4th

FW

5th

Elevated to BSerious 3rd Breach

1st

VW

2nd

FWW

3rd

SWW

4th

FW

5th

Elevated to BSerious 3rd Breach

c) Unsatisfactory Work Performance

1st

VW

i) Laziness; or

2nd

FWW

(ii) Isolated cases of being careless, negligent,

inefficient or incompetent in the performance of
his/her duties; or

3rd

SWW

4th

FW

(iii) Isolated cases of failing to achieve agreed

performance targets or standards, for reasons
within the control of the employee; or

5th

Elevated to BSerious 3rd

d) Disorderly or Objectionable Behaviour

1st

VW

(i) Disorderly or objectionable behaviour which

does not result in harm to any person or
damage to property; or

2nd

FWW

3rd

SWW

(ii) Sleeping or loafing during the appropriate

normal hours of work.

4th

FW

5th

Elevated to BSerious 3rd Breach

(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 working hours
of work; or
(iv)Unauthorised extended tea or lunch breaks.
b) Absenteeism
Being absent from duty for 1 day without
permission or valid reason.

Breach

12

OFFENCE
B-SERIOUS

BREACH PENALTY

a) Poor Time Keeping

1st

SWW

Repeated incidents of poor time keeping after

being given a written warning.

2nd

FW

3rd

6% of basic salary
deduction for 1
month

4th

8% of basic salary
deduction for 1
month

5th
b) Absenteeism

1st

Elevated to CSevere 2nd Breach

SWW

Being absent from duty for 2 to 3 consecutive

working days, without permission or valid
reason.

2nd

FW

3rd

6% of basic salary
deduction for 1
month plus
deduction of days
not worked

4th

5th
c) Unsatisfactory Work Performance
(i) Being negligent, careless, inefficient
incompetent in the performance of duties.

or

8% of basic salary
deduction for 1
month plus
deduction of days
not worked

1st

Elevated to CSevere 2nd Breach

SWW

2nd

FW

3rd

6% of basic salary
deduction for 1
month or 6%
reduction of
employment
allowance not
exceeding 6
months

4th

8% of basic salary
deduction for 1
month or 6%
reduction of
employment
allowance not
exceeding 6
months

5th

Elevated to CSevere 2nd Breach

(ii) Failing to achieve agreed performance

targets or standards for reasons within the
control of the employee.

13

d) Disorderly or Objectionable Behaviour

1st

SWW

(i) Using abusive, insulting or obscene

language, gestures against any employee or
person at the workplace.

2nd

FW

3rd

Deduction of 6% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

4th

Deduction of 8% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

5th

Elevated to CSevere 2nd Breach

e) Insubordination or Disobedience

1st

SWW

(i)Neglecting or refusing to perform any work or

duty lawfully and properly assigned by a
supervisor, appropriate local senior official, the
Head of a Company/Organisation; or

2nd

FW

3rd

Deduction of 6% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

4th

Deduction of 8% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

5th

Elevated to CSevere
2nd Breach

1st

SWW

2nd

FW

3rd

Deduction of 6% of

(ii) Being rude, discourteous, impolite or

disrespectful to any employee or person at the
workplace; and
(iii) Deliberating or making a false report or
claim against an employee or person at the
workplace.

(ii) Disobeying lawful instructions given by a

supervisor, appropriate local senior official, the
Head of a Company/Organisation or the Board;
or
(iii) Wilfully failing, neglecting or refusing to
comply with any of the conditions of service,
the company rules or regulations, any
applicable laws, laid down policies or
procedures, written standing instructions.

f) Loss, Damage or Misuse of Company

Property
Negligent damage to company property
involving minor loss, or minor misuse of

14

company property.

basic salary for 1

month and
prohibition of using
company property/
vehicle.

g) Dishonesty
Dishonesty,
that
misrepresentation of facts.

is

intentional

h) Consumption of Intoxicating Liquor or

Dangerous Drugs
(i) Consumption of intoxicating liquor or taking
dangerous drugs, other than drugs prescribed
by a registered medical practitioner, at the
workplace during the appropriate normal hours
of work; or
(ii) 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 normal
hours of work; or
(iii) Habitual consumption of intoxicating liquor
or dangerous drugs to such an extent as to be
incapable of performing duties efficiently or
properly.

4th

Deduction of 8% of
basic salary for 1
month and
prohibition from
using company
property/vehicle.

5th
1st

Elevated to CSevere 2nd Breach

SWW

2nd

FW

3rd

Deduction of 6% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

4th

Deduction of 8% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

5th
1st

Elevated to CSevere
2nd Breach
SWW

2nd

FW

3rd

Deduction of 6% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

4th

Deduction of 8% of
basic salary for 1
month or 6%
reduction of
employment
allowances not

15

exceeding 6
months

i) Conflict of Interest

1st

Elevated to CSevere
2nd Breach
SWW

Engaging in any occupation or undertaking any

work which conflicts with the interests of the
company/ organisation without the express
permission
of
the
Head
of
a
Company/Organisation or the Board.

2nd

FW

3rd

Deduction of 6% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

4th

Deduction of 8% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

5th

Elevated to CSevere
2nd Breach

5th

OFFENCE

BREACH PENALTY

C-SEVERE
a) Absenteeism

1st

FW

Repeatedly being absent from duty for 2 to 4

consecutive working days, without permission
or valid reason after being given a first written
warning.

2nd

Deduction of 10%
of basic salary for 1
month

3rd

Deduction of 12%
of basic salary for 1
month

4th

Deduction of 15%
of basic salary for 1
month

5th

Elevated to DDismissible

b) Disorderly or objectionable Behaviour

1st

FW

(i) Fighting or threatening violence against any

employee or person at the workplace; or

2nd

Deduction of 10%
of basic salary for 1
month

16

(ii) Sexual harassment of any employee or other

person at the workplace or during the course of
business, for example making unwanted sexual
advances,
inappropriate
and
unwanted
gestures or suggestions or hints of a sexual
nature, unwelcome physical or verbal conduct
of a sexual nature that denigrates or ridicules
or is intimidatory or is generally abusive of
such employee or other person because of
his/her sex; or

3rd

4th

(iii) Initiating or promoting conflicts at the

workplace; or
(iv) Hindering or obstructing any employee from
performing lawful duties.
c) Breach of Secrecy or Confidentiality
Disclosing personal details or giving the
personal file of any employee, to any
unauthorised person or agency.

d) Loss, Damage or Misuse of Company

Property

Elevated to DDismissible

1st

FW

2nd

Deduction of 10%
of basic salary for 1
month

3rd

Deduction of 12%
of basic salary for 1
month

4th

Deduction of 15%
of basic salary for 1
month

5th

Elevated to DDismissible

1st

FW

2nd

Deduction of 10%
of basic salary for a
month/restitution
of loss.

3rd

(iii) Permitting or causing an unauthorised

person to make use of property belonging to the
Company/Organisation or in its lawful
possession; or
4th
(iv) Wilfully causing damage to or loss of
property belonging to the
Company/Organisation or in its lawful
possession.

Deduction of 15%
of basic salary for 1
month / transfer
from work place.

5th

(i) Negligently causing damage to or loss of

property belonging to the
Company/Organisation or in its lawful
possession; or
(ii) Misusing or making unauthorised use of
property belonging to the
Company/Organisation or in its lawful
possession; or

Deduction of 12%
of basic salary for 1
month

5th

Deduction of 12%
of basic salary for 1
month /suspend
from using the
company property
for a period not
exceeding 6
months
Deduction of 15%
of basic salary for 1
month
Elevated to DDismissible

17

e) Unsatisfactory Work Performance

1st

FW

unsatisfactory work performance.

2nd

Deduction of 10%
of basic salary

3rd

4th

f) Consumption of intoxicating liquor or

dangerous drugs

Deduction of 12%
of basic salary for 1
month
Deduction of 15%
of basic salary once
off or demotion by
one grade.
Demotion shall be
valid for a period
not more than one
year before
eligibility is
restored.

5th

Elevated to DDismissible

1st

FW

2nd

Deduction of 10%
of basic salary for 1
month

3rd

Deduction of 12%
of basic salary for 1
month

Consumption of intoxicating liquor or

dangerous drugs to such an extent as to be
incapable of performing duties efficiently or
properly.

4th
Deduction of 15%
of basic salary for 1
month
5th

Elevated to DDismissible

g) Dishonesty

1st

FW

(i) Making any false claim or return.

2nd

(ii) Wilfully withholding or giving false or

misleading information during an investigation
or at an inquiry or hearing relating to the
affairs of the Company/Organisation.

Deduction of 10%
of basic salary for 1
month and
restitution of loss.

3rd

(iii) Failing to account for property or monies

belonging to the Company/Organisation or in
its lawful possession in respect of which it was
ones duty to look after or safeguard.

4th

Deduction of 12%
of basic salary for 1
month and
restitution of loss.
Deduction of 15%
of basic salary for 1
month and
restitution of loss
Elevated to D-

18

5th

Dismissible

h) Insubordination or disobedience

1st

FW

(i) Wilfully failing or refusing to comply with the

conditions of service or any of the
companys/organisations regulations, any
applicable laws, laid down policies or
procedures, written standing instructions or
rules; and

2nd

Deduction of 10%
of basic salary for 1
month

(ii)Repeatedly disobeying lawful instructions

given by a supervisor, appropriate local senior
official, the Head of a Company/Organisation
or the Board.
(iii)wilfully failing, neglecting or refusing to
comply with any of the conditions of service,
the Company/Organisation rules or
regulations, any applicable laws, laid down
policies or procedures, written standing
instructions.

3rd

4th

Deduction of 12%
of basic salary for 1
month
Deduction of 15%
of basic salary for 1
month.

5th

Elevated to DDismissible

i) Discrimination

1st

FW

Discrimination on the basis of race, tribe, place

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

2nd

Deduction of 10%
of basic salary for 1
month

3rd

Deduction of 12%
of basic salary for 1
month

4th

Deduction of 15%
of basic salary for 1
month
5th
j) Unlawful Collective Job Action

Elevated to DDismissible
Dealt with in terms of the Act

Collective job action that is not permissible in

terms of the Labour Act.
k) Injury to Person or Loss of Life

1st

negligent behaviour at the workplace which

results or is likely to result in injury or death of
an employee or other person.

2nd

3rd

4th

FW
Deduction of
10% of basic
salary for 1
month
Deduction of
12% of basic
salary for 1
month
Deduction of
15% of basic
salary for 1

19

month
5th

OFFENCE

Elevated to DDismissible

BREACH PENALTY

D-DISMISSIBLE
a) Absenteeism

1st

Dismissible

Being absent from duty for a period of 5

consecutive working days or more without
permission or valid reason.
b) Disorderly or Objectionable Behaviour

1st

Dismissible

1st

Dismissible

1st

Dismissible

1st

Dismissible

1st

Dismissible

(i) assaulting any employee or person at the

workplace; or
(ii) abuse of office or position; or
(iii) assault, including physical sexual assault
c) Insubordination or disobedience
wilfully failing, neglecting or refusing to comply
with any of the conditions of service, the
Company/Organisation rules or regulations,
any applicable laws, laid down policies or
procedures, written standing instructions
d) Breach of Secrecy or Confidentiality
(i)Disclosing classified or confidential
information relating to the affairs of a
Company/Organisation to an unauthorised
person; or
(ii) Issuing without permission of press
statements or information concerning affairs of
the Company/Organisation to the actual or
potential prejudice of the
Company/Organisation; or
(iii) Repeatedly disclosing personal details or
giving the personal file of an employee, to any
unauthorised person or agency.
e) Loss, Damage or Misuse of Company
Property
Failing to account for property or monies
belonging to the Company/Organisation or in
its lawful possession in respect of which it was
ones duty to look after or safeguard;
f) Dishonesty
(i) Taking or converting, or attempting to take
and convert, to ones own private use property
or
monies
belonging
to
a
Company/Organisation or in its lawful
possession; or any person at the workplace

20

(ii) Intentionally making a false claim or return;

(iii) Giving false or misleading information
before, on or after appointment to a post within
the
Company/Organisation
on
ones
educational
qualifications,
professional
qualifications, work experience or other
personal details; and
(iv) Falsifying an official document or electronic
record of the Company or recording or causing
to be recorded therein false or misleading
information or data.
h) Corruption

1st

Dismissible

1st

Dismissible

(i) 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 likely to conduct the business of a
Company/Organisation;
(ii) Violating tender or procurement rules or
procedures of a Company/Organisation for
personal gain; and
(iii) Failure to disclose any interest in a
Company/Organisation conducting business
with a Company/Organisation in which one
has an interest or influence.
i ) Injury to a person or Loss of Life
Wilful behaviour at the workplace which results
or is likely to result in injury/death of any
employee or another person.

PART 3
DISCIPLINARY AND APPEALS COMMITTEE, COMPOSITION AND TERMS OF
REFERENCE

21

9.

Composition of Disciplinary Committees

(1)

The Disciplinary Committee shall be composed as follows:

Chairperson
Workers Committee Members
Management
Total

1 Middle/Senior Manager
3/Alternate
3/Alternate
7

(2)

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

(3)

Where, in exceptional circumstances, a Company/Organisation cannot raise

sufficient members to sit on a Disciplinary Committee for whatever reason,
such Company/Organisation shall appoint a disciplinary authority in terms
of the Labour Act, [Chapter 28:01].

(4)

There shall be
Management.

(5)

The Disciplinary Committee Secretary shall be a human resources person or

any other competent person.

(6)

The Secretary shall be responsible for minuting the proceedings of the

Disciplinary Committee and preparing a record thereof and advising the
Disciplinary 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 and

employee representatives by the Workers Committee.

(9)

The Chairperson of Disciplinary Committee hearings shall always be vested

in Management.

(10)

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

(11)

The Chairperson shall preside over all hearings of a Disciplinary Committee

and must exercise impartiality and fairness at all times.

Disciplinary

Committee

Secretary

appointed

by

Provided that:
(a)
(b)

in the absence of the Chairperson, the Alternate Chairperson shall

preside over a hearing; or
in the absence of both the Chairperson and the alternate
Chairperson, the hearing shall be postponed to the next earliest date
when the Chairperson or Alternate Chairperson shall be present.

(12)

All issues posed for a decision at a hearing of a Disciplinary Committee

shall, unless the members present are unanimous, be determined by a
majority of votes of the members present and in the event of an equality of
votes the Chairperson shall have a casting vote.

(13)

Subject to the provisions of Part 6, all decisions of a Disciplinary Committee

shall be final.

22

(14)

The Committee shall exercise impartiality, independence, fairness, and

observe the principles of natural justice during the proceedings and in
making determinations.

10.

Composition of An Appeals Committee

(1)

An Appeals Committee shall be composed as follows:

Chairperson
Workers Committee Members
Management
Total

1/Alternate
2/Alternate
2/Alternate
5

(2)

The quorum of an Appeals Committee shall be four (4) members 1 or 2

members 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 raise

sufficient 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 an

Appeals Committee/ Authority and preparing a record thereof and advising
an 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 to
determine whether or not to charge the employee concerned:
(b) Disciplinary and Appeals Committees, like Courts of law, shall only
entertain or adjudicate on cases of misconduct referred to them on the
basis of the evidence placed before them and shall not investigate alleged
acts of misconduct;
(c) Where necessary, a Disciplinary Committee/Authority may refuse to hear
or to continue hearing a case of misconduct, and refer the matter back to
the Complainant for further investigation.

PART 4
PROCEDURES ON DISCOVERY OF MISCONDUCT, SUSPENSION OF
EMPLOYEES AND DUTIES OF THE SECRETARY
12.

Procedure on Discovery of Minor Acts of Misconduct

23

(1)

Where after due investigation, the appropriate local senior official is satisfied
that 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 terms

of subsection (2) of section 8 and give him/her a verbal warning or
reprimand, a first written warning or a final warning, as the case may
be; and

(c)

if the employee denies committing the misconduct, hold an inquiry

into the matter with the assistance of the senior member of staff and
any employee representative after which he/she shall then make a
decision on the guilt or otherwise of the employee and, if he/she finds
him/her guilty, proceed in terms of paragraph (b).

(2)

An employee who is aggrieved by the decision made by the local senior

official, in terms of paragraph (c) of subsection (1) shall be entitled, within 7
working days of such decision being made, to appeal to the appropriate
Disciplinary Committee which shall hear and determine the matter. Section
21 and 22 shall apply with the necessary relevant changes.

13.

Procedures on Discovery of Serious, Severe or Dismissible Acts of

Misconduct
Where, after due investigation, the appropriate local senior official or
manager as the case may be, is satisfied that an employee has committed a
serious, severe, or dismissible act(s) of misconduct, he/she shall:-

14.

(a)

within seven (7) working days, prefer charges against the employee
and refer the matter together with a written statement specifying the
alleged misconduct and details thereof and any relevant
documentation or other evidence in support of the allegations, to the
Secretary of the appropriate Disciplinary Committee; or

(b)

proceed in terms of Section 14.

(c)

Notify the employee concerned in writing that proceedings shall

commence against him/her.

Suspension
(1) Subject to subsection (2), if in the opinion of the appropriate local senior
official or Manager, as the case may be, an employee has committed an
offence referred to in section 13, the local senior official may charge and
suspend the employee and refer the matter to the secretary of the
disciplinary committee within 7 working days with or without pay and
benefits and require him/her to leave the workplace forthwith;
(2) Suspension without pay shall only apply to dismissible offences.

24

(3) The suspension may be without pay and benefits provided no employee shall
remain on suspension without pay and benefits for a period exceeding 14
working 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 be
notified 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 of
misconduct 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 the
matter; and

(b)

advise the employee in writing of: (i)

the
charge(s) of misconduct which have been preferred
against him/her by his/her superior at the same time citing
the relevant provision(s) of this code which he/she is alleged
to have contravened; and

(ii)

the date, time and place of the hearing of the matter and the
consequences of employees 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 of
appeal, 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 provide
them with copies of any documents, including affidavits and or
statements 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 and
at the time and place specified to give oral evidence or produce any
relevant exhibits; and

(f)

ensure that all exhibits and the employees personal file are available
on the date of hearing for use thereat; and

(g)

provide upon request relevant information to the committee to enable

it to arrive at justified decision.

25

PART 5
CONDUCT OF DISCIPLINARY COMMITTEE PROCEEDINGS AND RIGHTS OF
PARTIES
16.

Interpretation

In this Part, the term employee shall be read and construed as referring to the
employee facing a charge of misconduct.
17. Employees 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 the
Disciplinary Committee on the date and at the time and place set down for
the hearing in person and with or without a representative who may be
either a fellow employee, workers committee member, Trade Union
Official/legal practitioner/Labour Practitioner;
(2) If for any reason the employee, referred to in section 15 (b)(ii)(2), is unable to
attend 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 to
some other suitable date and advise all the concerned parties accordingly.
18.

General Rules

Disciplinary Committee proceedings shall:

(a)
(b)

(c)
(d)
(e)
(f)
(g)

generally, be conducted in an informal but orderly manner without

strict adherence to civil or criminal rules of procedure, but the
Chairperson shall ensure that substantial justice is done;
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 which
event the fact that the proceedings were held in the absence of the
employee shall be placed on record;
be concluded within fourteen (14) working days from the date of
commencement, unless the justice of the case demands otherwise;
be confidential and details thereof shall not be disclosed to
unauthorised persons; and
generally be conducted in the English language, but for the sake of
clarity the vernacular language may also be used.
After the expiry of the 30 working days, the matter shall be dealt with
in terms of the Act.
If the justice of the case so demands that the prescription period of
30 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/her

representative/legal practitioner and to cross examine any
witness giving evidence against him on any material issue,
without being unduly interrupted or discouraged in any
manner;

26

(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 cannot
express himself in English;

(v)

to object to having his/her case heard in the presence of any

particular member of a Disciplinary Committee, by stating the
reasons thereof, after which the Disciplinary Committee shall
first determine such objection in the absence of the employee
and the member concerned and if satisfied that the objection
is valid, cause such member to recuse himself/herself, before
the proceedings are commenced or resumed; and
to object on any matter of procedure by stating the reasons
thereof which shall be considered by the Disciplinary
Committee and a ruling made, before the proceedings resume;

(vi)

(b)

the Chairperson and members of the Disciplinary Committee shall be

entitled to cross examine any witness, including the employee, on
any material issue for purposes of ascertaining the truth regardless of
in whose favour that it may be;

(c)

if the Chairperson or any member of a Disciplinary Committee has

reasonable grounds (such as personal interest in a matter before the
Disciplinary Committee or close friendship/relationship with the
employee) to believe that he/she should recuse himself/herself from a
hearing, he shall state the reasons thereof which shall be considered
by 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 without

being 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 to
prosecute his case.

(3)

During the proceedings the Disciplinary Committee may enlist the services of
a 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 and
Subsistence rates applicable to the employee.

20.

Procedure for Disciplinary Hearings

(1)

At the commencement of a Disciplinary Committee hearing the Chairperson

shall:(a)

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

(b)

ascertain whether the employee understands the charge(s) of

misconduct being preferred against him/her; and

(c)

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

27

(2)

If, in answer to the charge(s) of misconduct, in terms of paragraph (c) of

subsection (1), the employee: (a)

(b)

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 representations

which he may wish to make, advise him/her that he/she shall
be informed of the outcome of 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 proceeds in terms of subsection (4) to
decide on the appropriate penalty and conclude the
proceedings;

admits some, but not all, of the charges of misconduct, the

Disciplinary Committee shall find him/her guilty of the charge(s)
which he/she admits; and
provided that the Disciplinary Committee may, if it considers
it appropriate, abandon the charge(s) which the employee
denies 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 complainant

to give evidence for the employer in support of the allegation;

(ii)

call upon the employee to cross-examine the complainant with

a view to establishing the truth or falsity of the allegation(s);

(iii)

thereafter ask any member of the Disciplinary Committee to

cross examine the complainant any relevant question(s) with a
view to seeking clarification on any aspect of what the
complainant has said;

(iv)

call upon any witness(es) for the employer to give evidence in

support of the employer and thereafter to be cross-examined
by 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 give
evidence in support of his/her own defence and thereafter to
be cross-examined by the complainant and the Disciplinary
Committee;

(vi)

after the employee has given his/her evidence and has been
cross-examined, he will then be called upon to call his/her
witnesses in turn, each of whom will, after he has given
his/her evidence be cross-examined by the complainant and
the 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 thereafter
excuse them;

28

(d)

(3)

(4)

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

If, at the conclusion of the proceedings held in terms of paragraph (c) of

subsection (2), the Disciplinary Committee finds the employee (a)

not guilty of the charge(s) of misconduct, the Chairperson shall

pronounce such verdict to the employee; and

(b)

guilty of the charge(s) of misconduct, the Chairperson shall recall the

employee and his/her representative, if any, and (i)

pronounce the verdict to the employee and invite him or

his/her representative, if any, to make a plea in mitigation or
any representations; and

(ii)

advise the employee that he shall be informed of the outcome

of 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 proceeds
in terms of subsection (4) to decide on the appropriate penalty
and conclude the proceedings.

Immediately after finding an employee guilty of misconduct and hearing

his/her plea in mitigation or representations, the Disciplinary Committee
shall;(a) consider mitigatory factors; and
(b) decide on the appropriate form of penalty, specified in subsection (2) of
section 8, after which the Chairperson shall declare the proceedings
closed.

(5)

The Secretary shall, within three working days of the conclusion of the
proceedings in terms of subsection (4) and in writing :(a)
(b)

advise the employee of the outcome of the case and his/her right of
appeal in terms of Section 22 of the Code; and
advise the relevant local senior official or Management, as the case
may 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 thereof
which 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 Disciplinary

Committee or an Appeals Committee shall not suspend the operation or
effect of the decision appealed against.

29

PART 6
APPEALS FROM DECISIONS OF DISCIPLINARY COMMITTEES
21.
(1)

Appeals to the Appeals Committee/Authority

There is hereby established an Appeals Committee composed of the
Chairperson 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 or

determination made by a Disciplinary Committee, may appeal to the Appeals
Committee/Authority, which shall determine the matter within fourteen
working days.

(3)

An employee who fails to appeal to the Appeals Committee/Authority within

seven (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 the

Disciplinary Committee may note an appeal to the Appeals
Committee/Authority before receiving the confirmed and signed minutes of
the Disciplinary Hearing.

(5)

It is hereby expressly declared that a determination by the Appeals

Committee/Authority, in terms of subsection (2), shall be the final decision of
a Company/Organisation and no appeal shall lie thereof to any other official
or committee of a Company/Organisation.

(6)

An
appeal
against
a
decision/determination
of
the
Appeals
Committee/Authority shall lie with the Labour Court in terms of Section
89(d1) and 98(10) of the Labour Act if done in terms of the Company Code of
Conduct and shall lie with the NEC if conducted in terms of the Industry
Code of Conduct.

(7)

The General Rules and Rights of Parties of the Disciplinary Committee shall
mutatis mutandis
(with the necessary relevant changes) apply to the
Appeals Committee.

22.

Procedure for Appeals Hearing

(1)

At the commencement of an Appeals Committee Hearing, the Chairperson

shall:(a)

invite the appellant employee to state the nature and grounds of

his/her appeal;

(b)

call upon the committee to seek any clarification from the appellant
employee;

(c)

call upon the committee to seek clarification from the complainant if

any; and

30

(d)

call upon the employee to summarise his/her submissions in support

of his/her case and thereafter excuse both the appellant employee
and 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 challenged
signatories to the Record of proceeding may be called as witnesses.

(2)

Where in appropriate circumstances, an appellant wants to introduce new

evidence he/she shall make an application to the Appeals Committee which
shall make a determination on that matter, bearing in mind that the Appeals
Committee confines itself to the record of proceedings.

(3)

After hearing all the submissions, the Appeals Committee shall weigh the
evidence and circumstances in support of the appeal in relation to the
evidence for the charge(s) and decide, on a balance of probabilities whether
or 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 of
subsection (2) of section 22, the employee concerned may appeal to the
Labour 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 workplace
have access to this Employment Code and each employee shall be issued
with 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 or
preserved for at least 36 months before disposal.

GRIEVANCE HANDLING PROCEDURE

1.

Purpose and Application

31

(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 all
employers and employees within the NEC scope of coverage.
2.

Interpretation
In this Chapter :(a)
(b)
(c)

3.
(1)

act means the Labour Act [Chapter 28:01] as maybe amended from
time to time.
aggrieved employee means an employee who has
a grievance.
grievance means a complaint or perceived state of
disaffection by an employee relating to his/her employment.

General Procedure for Handling Grievances

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

an aggrieved employee shall within 90 calendar days of the grievance

arising submit the grievance to the employer
in writing on the
prescribed 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 this

section, or if the employee is not satisfied with the outcome of the
grievance resolution, the aggrieved employee may within 7 working days
refer the matter to the Secretary of the Grievance Hearing Committee by
completing form GHF2.

d)

Upon receipt of a matter referred to it in terms of subsection (c) the

Grievance Hearing Committee shall within 14 working days hear and
make determination on the matter.

e)

In the event that the grievance hearing Committee fails to determine

the matter within the stipulated time, or if the aggrieved employee is not
satisfied with the determination of the Grievance Hearing Committee,
he/she may within 14 working days refer the matter to the Designated
Agent 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 3
Management
3
Total
7
Secretary/Advisor (who shall be a human resources or a person with a legal
background provided by the employer)

32

5.

2)

The quorum at Grievance Hearing Committee proceedings shall be

five (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 grievance

hearing committee and must exercise impartiality and fairness at all
times.

5)

All issues posed for a decision at a hearing of a Grievance Hearing

Committee shall be by consensus failing which the committee shall
declare a deadlock.

6)

The Committee shall exercise impartiality, independence, fairness,

and observe the principles of natural justice during the proceedings
and in making determinations.

Duties of the Secretary

(1) The Secretary shall be responsible for minuting the proceedings of the
Grievance Hearing Committee and preparing a record thereof and
advising the Committee on any relevant matters.
(2) The Secretary shall not take part in the proceedings of the decision
making, thereof.
(3)Upon receipt of a complaint from an aggrieved employee, the secretary
shall set down the matter for hearing within five (5) working days:
(a) advise the Chairperson and members of the Committee, in
writing, of the date, time and place of the hearing;
(b) provide upon request relevant information to the committee to
enable it to arrive at a justified decision.

6.

General Rules
Grievance Hearing Committee proceedings shall:
(a)
(b)
(c)
(d)
(e)
(f)

generally, be conducted in an informal but orderly manner without

strict adherence to civil or criminal rules of procedure, but the
Chairperson shall ensure that substantial justice is done;
be concluded within nine (9) working days from the date of
commencement, unless the justice of the case demands otherwise;
be confidential and details thereof shall not be disclosed to
unauthorised persons; and
generally be conducted in the English language, but for the sake of
clarity the vernacular language may also be used.
The Committee may on its own accord call any witnesses it deems
necessary.
If the matter is not concluded within 14 working days from receipt of
the matter it shall be referred to the Designated Agent.

7.

Rights of Parties

(1)

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

33

(a)

present his/her case himself/herself or through his/her

representative/legal practitioner and to cross examine any witness
giving evidence against him on any material issue, without being
unduly 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 of

an interpreter if he does not understand or cannot express himself in
English;

(i)

to object to having his/her case heard in the presence of any

particular member of a Grievance Hearing Committee, by stating the
reasons thereof, after which the Committee shall first determine such
objection in the absence of the employee and the member concerned
and if satisfied that the objection is valid, cause such member to
recuse himself/herself, before the proceedings are commenced or
resumed; and

(j)

to object on any matter of procedure by stating the reasons thereof

which 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 ask

questions and seek clarifications from any witness, including the employee,
on any material issue for purposes of ascertaining the truth regardless of in
whose 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 should
recuse himself/herself from a hearing, he shall state the reasons thereof
which shall be considered by the Committee and a ruling made, before the
employee is called in for the commencement of the proceedings.

(4)

Witnesses shall be entitled to give their evidence freely and without being
unduly harassed or humiliated in any manner.

(5)

Where the employee or any of the witnesses is required by the committee to

travel to a location where the hearing is being conducted, the employer will
meet all travel and subsistence costs thereto.

8.

Hearing Procedures
1) At the hearing the aggrieved employee shall personally or through his/her
representatives present his/her case, calling in any witnesses.
2) The Committee may ask questions and seek clarifications from the aggrieved
employee and his/her witnesses.
3) After the aggrieved employee has closed his/her case the employer shall
make 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.

34

5) After the parties have finished presenting their cases, the committee may ask
both parties to make closing submissions summarizing their cases.
6) After closing submissions, the committee will deliberate on the matter and
make its own determination which shall be communicated to the parties in
writing within three (3) days.

Designated Agent - NEC

Grievance Hearing Committee

Employer

Employee
Figure 1
This Industry Code of Conduct cancels and replaces the Zimbabwe Energy
Industry Employment Code of Conduct and grievance Handling Procedures 2011
registered 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.
Chairman of Council

Date.

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
Secretary of Council

Date .

35

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 be
heard 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, the
hearing may proceed without you to the possible detriment of your interests.
Given under my hand at:...............Harare................This ..............20.....
Secretary to the ....................................................... Committee
Name..............................................Date...................
Address...........................................................
..................................................................
..................................................................

36

Part B
First Written Warning
From .. At.
To.At .
SubjectDate
..File Ref: .
(state Act of misconduct committed and Code of Conduct section thereto)
Having found you guilty of committing the above-mentioned minor act of
misconduct within a period of three(3) months of being given a verbal
warning/reprimand for misconduct, I do hereby give you a first written warning to
desist from committing similar act of misconduct. This warning shall remain valid
for six(6) months.
Should you commit a similar or any act of misconduct during the period of validity
of 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 shall
briefly state the reasons thereof which shall be recorded on this/her form or
on 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, one
duplicate copy placed in the Employees personal file and the other duplicate
copy shall be retained by the local senior official or the manager next in line,
as the case may be.

37

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 misconduct
within a period of 6 months of being given a severe written warning for misconduct, I
do hereby give you a severe written warning to desist from committing similar act of
misconduct during the validity of this warning or this warning shall remain valid for
six(6) months.
Should you commit a similar or any act of misconduct within that period, you shall
be brought before the appropriate Disciplinary Committee and if found guilty you
may 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 state
the reasons thereof which shall be recorded on this form or on 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, one
duplicate copy placed in the Employees personal file and the other duplicate
copy shall be retained by the local senior official or the manager next in line,
as the case may be.

38

Part C
Final Warning
From .. At.
To.At .
SubjectDate
..File Ref: .
(state Act of misconduct committed and Code of Conduct section thereto)
Having found you guilty of committing the above-mentioned act of misconduct
within a period of nine(9) months of being given a final warning for misconduct, I do
hereby 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 validity
of 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 the
warning was justified. (delete inapplicable)
Signed: ____________________________________________________
Employee
Witness: ___________________________________________________
Notes
1.
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 or
on 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, one
duplicate copy placed in the Employees personal file and the other duplicate
copy shall be retained by the local senior official or the manager next in line,
as the case may be.

39

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 in
respect of the following allegations was determined as shown.
Allegation/Charge
1.
2.
3.
4.

Guilty/Not Guilty

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

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

40

Appendix C
Grievance Handling Form 1 (GHF1)
INDUSTRY GRIEVANCE FORM
Details 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 Industrys grievance handling procedure.

Date

Employee

Date

.
Witness

41

Grievance Handling Form 2 (GHF2)

Reference of matter to Grievance Handling Committee
Details of Employees
Full Names..
Employee Number ..
Department/Area/Station ...
Hearing Officer to whom grievance is directed
The above named employee hereby refers his/her grievance to the Grievance Hearing
Committee. The said grievance was submitted to the employer on

Date
and remains unresolved as at
Date
The
particulars
of
the
grievance
are
as
follows

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

Date

Employee

42