DISCIPLINARY CODE AND PROPOSED ACTION

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UNIVERSITEIT VAN DIE VRYSTAAT

UNIVERSITY OF THE FREE STATE

YUNIVESITHI YA FREISTATA

DISCIPLINARY CODE AND

PROPOSED ACTION

1. Underlying principles ………p.1

2. Key to disciplinary matrix ………. p.1

3. Disciplinary matrix ………..………. p.2

1) To EM – 10 September 2001

2) Revised – November 2004

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Disciplinary Code and Proposed Action - Approved by Council - 16 March 2007 1

DISCIPLINARY CODE AND PROPOSED ACTION

1. UNDERLYING PRINCIPLES

1.1 This document represents the Disciplinary Code of the UFS and sets out a range of

disciplinary offences and phases of disciplinary action. This code must be read

together with the Disciplinary Policy and Procedure of the UFS, as the procedure

for the handling of any disciplinary offence is set out in it.

1.2 The examples of disciplinary offences and the phases of disciplinary action for

every offence, as set out in this code, in no way represents a comprehensive list of

disciplinary offences and does not bind the UFS, as employer, or the presiding

officer of a disciplinary hearing in his/her discretion to take suitable steps against an

offender.

1.3 The matrix of offences which follows is intended to provide broad guidelines to the

complainant in formulating the charge sheet and to the presiding officer of a

disciplinary hearing in deciding on the appropriate disciplinary action in respect of

any disciplinary offence.

1.4 Additional factors may influence the decision of the presiding officer regarding the

appropriate disciplinary action, such as, for example:

• the nature and seriousness of the offence;

• the disciplinary record of the employee (the frequency of similar offences);

• extenuating circumstance; and

• aggravating circumstances.

1.5 The UFS realises that it is sometimes not desirable to classify offences in a matrix

format, as it may impose limits on the natural discretion of a presiding officer. It is

therefore emphasised strongly that the matrix must only be used as a

guideline.

1.6 Cases that fall outside the matrix will, in any case, be handled by the presiding

officer at his/her discretion, after the nature, seriousness and specific

circumstances of the offence have been taken into account.

2. KEY TO THE DISCIPLINARY MATRIX (GUIDELINES)

SERIOUSNESS OF

THE OFFENCE

PHASE OF

DISCIPLINARY ACTION

Minor

Corrective counselling/ Verbal

warning

Serious

Written warning/ Final

warning

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Disciplinary Code and Proposed Action – Approved by Council - 16 March 2007 2

3. DISCIPLINARY MATRIX (GUIDELINES)

The UFS realises that it is sometimes not desirable to classify offences in a matrix format, as it may impose limits on the

natural discretion of a presiding officer. It is therefore emphasised strongly that the matrix must only be used as a

guideline.

SERIOUSNESS OF THE OFFENCE

MINOR

SERIOUS

VERY SERIOUS

OFFENCE

DEFINITION

Corrective

counselling/ Verbal warning

Written warning/ Final warning

Final warning/ Dismissal

Absence from duty

(1)

Absence of the employee from duty at the UFS without approved leave or an

acceptable excuse.

X

Absconding

(2)

Absence of the employee from duty at the UFS without approved leave or an

acceptable excuse for five (5) consecutive days or more.

X

Poor timekeeping

(3)

Arriving at work late after the start of official working hours and without an acceptable excuse or approved leave. This also

includes returning late after meals and other periods of rest.

X

(Depending on the frequency and duration of incidents.) (Usually

coupled with counselling.)

Leaving the workplace

without permission during

working hours

(4)

Leaving the workplace for reasons that are not work related and without the permission

of his/her supervisor.

X

_{(Depending on the frequency and}

X

duration of incidents.)

Drunkenness or under the

influence of an intoxicating

substance while on duty

(5)

Being under the influence of liquor or any other intoxicating substance while on duty and to such an extent that the work performance of the employee concerned is influenced negatively.

X

(If few or an isolated incident of abuse.)

X

(If the person is an alcoholic, consider counselling/treatment.)

Revealing of confidential

information of the UFS

(6)

Deliberate or unauthorised release by an employee of information regarded as confidential by the UFS to an unauthorised third party.

X

(Depending on the nature and sensitivity of the information.)

(4)

SERIOUSNESS OF THE OFFENCE

MINOR

SERIOUS

VERY SERIOUS

OFFENCE

DEFINITION

Corrective

Fraud, dishonesty, forgery,

providing of false personal

information

(7)

Conscious and deliberate actions or omissions with a view to gaining an unauthorised and/or unwarranted advantage in a dishonest way.

X

(Depending on the seriousness and extent of the advantage

gained from the action.)

Refusal to carry out

legitimate instructions/

Insubordination

(8)

Refusal by an employee to carry out any legitimate instructions given by his/her

supervisor.

X

(If it occurs repeatedly.)

Sleeping on duty

(9)

Sleeping on duty during working hours while

on duty in the workplace.

X

First offences will usually be handled by means of counselling.)

X

Impertinence

(10)

Insolent, impertinent or disrespectful behaviour towards a supervisor, which is of such a nature that it undermines the authority of the supervisor.

X

(If behaviour requires more serious action than

a mere warning.)

X

(If the frequency and seriousness of the behaviour justifies it.)

Insulting behaviour

(11)

Disrespectful behaviour towards a senior, fellow or junior employee, member of the

public or student(s), etc.

X

(If behaviour requires more serious action than

a mere warning.)

X

(If the frequency and seriousness of the behaviour justifies it.)

Rape and/or sexual

molestation

(12)

Forces sexual intercourse or physical

sexual contact or molestation.

X

Sexual harassment

(13)

See the policy on sexual harassment

X

(The circumstances and nature of harassment can cause the appropriate action to range from

corrective counselling to dismissal.)

(5)

SERIOUSNESS OF THE OFFENCE

MINOR

SERIOUS

VERY SERIOUS

OFFENCE

DEFINITION

Corrective

Assault

(14)

The use of physical violence or a threat of physical violence against a fellow

employee, student or other person on the premises of the UFS.

X

Intimidation

(15)

Threats of violence or other harmful behaviour towards any employee or

member of the public on the premises of the UFS.

X

(Unless extenuating circumstances can be argued.)

Victimisation

(16)

Threat(s) to harm a person or any other prejudicial action against an employee in respect of the exercising or intended exercising of any rights by a fellow employee/subordinate.

X

(Unless extenuating circumstances can be argued.)

Loafing

(17)

Loafing during working hours, without a

valid excuse.

X

(Counselling is the appropriate first step,

together with an exposition of the employee’s duties.)

X

(Only if counselling has taken place, duties have been spelt out

and training and guidance have been provided where relevant.)

Refusal to work overtime/do

emergency work

(18)

Unreasonable refusal to work overtime (do emergency work within the framework of the Basic Conditions of Employment Act (No. 3 of 1983).

X

Illegal strikes

(19)

Participation in an illegal strike not covered by the Labour Relations Act (No 66 of

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SERIOUSNESS OF THE OFFENCE

MINOR

SERIOUS

VERY SERIOUS

OFFENCE

DEFINITION

Corrective

Being found guilty of a crime

with a jail sentence

(20)

Where the employee is found guilty of a crime in terms of criminal law and sentenced to imprisonment and therefore can no longer honour his/her service contract.

X

Unauthorised possession or

use of equipment or property

of the UFS

(21)

Possession or use of equipment/property of the UFS for purposes not related to work without proper authorisation and/or taking or use of equipment outside the premises of the UFS without proper authorisation.

X

Depending on circumstances, including the intention to steal.)

Causing of damage to

property through negligence

(22)

Causing of damage to the property of the

UFS through negligence.

X

(Depending on the degree of negligence and the seriousness of

the damage.)

Deliberate destruction of UFS

property

(23)

Causing of deliberate damage to the

property of the UFS.

X

(Only if strong extenuating circumstances are present.)

X

Wastage of material

(24)

Deliberate or neglectful wastage of material

or products of the UFS.

X

Unauthorised possession or

use of a dangerous weapon

in the workplace

(25)

Unauthorised possession or use of any dangerous weapon which can cause an

injury by an employee of the UFS.

X

(If the weapon was carried with the intention to injure, damage or

(7)

SERIOUSNESS OF THE OFFENCE

MINOR

SERIOUS

VERY SERIOUS

OFFENCE

DEFINITION

Corrective

Swearing and use of crude

language

(26)

Swearing and use of crude language in the presence of fellow employees or aimed at a person, member of the public, student(s), etc.

X

(Depending on the nature and frequency of the incidents.)

Loss or damaging of work or

protective clothing

(27)

Deliberate or neglectful loss or damaging of clothing provided to the employee by the

UFS.

X

Smoking

(28)

Smoking by any employee of the UFS in a forbidden area or any other transgression of the UFS’s Policy on a Smoke-Free

Workplace.

X

(If the frequency and seriousness of the behaviour justifies it.)

Cruelty to animals

(29)

Ill-treatment of any animals on the premises

of the UFS.

X

(Depending on the seriousness and frequency of ill-treatment.)

Unfair discrimination

Any unfair discrimination on the grounds of

race, sex, language, religion, etc.