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 the Zimbabwe Energy Industry

Employment Code of Conduct;

(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)/Worker’s 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.

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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/ Worker
Representatives.

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

of 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 of

Reference

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 of

Employees and Duties of the Secretary

12. Procedure on discovery of minor acts of misconduct.

13. Procedures on discovery of serious, severe or dismissible acts of
misconduct.
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. 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

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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 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 Head of a

Company/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 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 defined by the respective

Company/Organisation Human Resources Policies.

“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 employee’s presence is

required in carrying out Company/Organisation’s 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) peaceful and orderly conduct of labour relations;

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

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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) manage and conduct the business of the Company effectively and
efficiently;
(b) administer discipline impartially and according to set standards and
procedures;
(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 agreement
reached 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 made
aware 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 have
the rights and duties to :-

(a) ensure that employees’ rights and interests are not unduly violated
at 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 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) 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 and
performance standards;
(c) abide by all such rules, regulations and any Company policies as
shall lawfully apply from time to time;
(d) 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;
(e) 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;
(f) desist from being under the influence of alcohol, dangerous drugs
and 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 work
place.
(2) 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) 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 without
permission or valid reason.

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

(i) being careless, negligent, inefficient or incompetent in the

performance 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 lawfully

and properly assigned by a supervisor, appropriate local
senior official, the Head of a Company/Organisation or the
Board; or
(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/Organisation rules or
regulations, any applicable laws, laid down policies or
procedures, written standing instructions; or

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

(i) fighting or threatening violence against any employee or

person at the workplace; or
(ii) using abusive, insulting or obscene language against any
employee or person at the workplace; or
(iii) being rude, discourteous impolite or disrespectful to any
employee 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 into
disrepute or to tarnishing the image of a

8
 Company/Organisation such as when driving marked vehicle
or when wearing Company/Organisation uniform.
(v) 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
(vi) physically and verbally assaulting any employee or person at
the workplace; or
(vii) hindering or obstructing any employee from performing
his/her lawful duties; or
(viii) deliberately or making a false report or claim against an
employee or person at the workplace.

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

(i) 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.
(ii) failure to disclose any interest in a Company/Organisation
conducting business with the company in which one has an
interest or influence.

g) 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.

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

(i) negligently causing damage to or loss of property belonging to

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

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

say -

(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 medical
practitioner, at the workplace during the appropriate normal
hours 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 normal
hours of work; or
(iv) habitual consumption of intoxicating liquor or dangerous
drugs to such an extent as to be incapable of performing
duties efficiently or properly.

(j) Dishonesty, that is to say: -

(i) taking and converting or attempting to take and convert, to

one’s own private use property or moneys belonging to a
Company/Organisation or in its lawful possession or from any
person at the workplace; or
(ii) failing to account for property or moneys belonging to a
Company/Organisation or in its lawful possession, in respect
of 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 after
appointment to a post within a Company/Organisation on
one’s educational qualifications, professional qualifications,
work experience or other personal details; or
(v) 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
(vi) 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.

k) 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) 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
(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 likely
to 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 likely

to 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 to
result 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 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 follows-

Category 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

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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- DISMISSIBLE
OFFENCE
A - MINOR BREACH PENALTY
a) Poor Time Keeping 1st VW

(i) Reporting late for duty without permission 2nd FWW

or valid reason; or
3rd SWW
(ii) Leaving the workplace or stopping to
work before the normal stopping time, without 4th FW
permission or valid reason; or
5th Elevated to B-
(iii)Unauthorised absence from the workplace Serious 3rd Breach
during the appropriate normal working hours
of work; or

(iv)Unauthorised extended tea or lunch breaks.

b) Absenteeism 1st VW
Being absent from duty for 1 day without
permission or valid reason. 2nd FWW

3rd SWW

4th FW

5th Elevated to B-
Serious 3rd Breach

c) Unsatisfactory Work Performance 1st VW

i) Laziness; or 2nd FWW

(ii) Isolated cases of being careless, negligent, 3rd SWW

inefficient or incompetent in the performance of
his/her duties; or 4th FW

(iii) Isolated cases of failing to achieve agreed 5th Elevated to B-

performance targets or standards, for reasons Serious 3rd
within the control of the employee; or Breach
d) Disorderly or Objectionable Behaviour 1st VW

(i) Disorderly or objectionable behaviour which 2nd FWW

does not result in harm to any person or
damage to property; or 3rd SWW

(ii) Sleeping or loafing during the appropriate 4th FW

normal hours of work.
5th Elevated to B-
Serious 3rd Breach

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OFFENCE BREACH PENALTY
B-SERIOUS
a) Poor Time Keeping 1st SWW

Repeated incidents of poor time keeping after 2nd FW

being given a written warning.
3rd 6% of basic salary
deduction for 1
month

4th 8% of basic salary

deduction for 1
month

5th Elevated to C-
Severe 2nd Breach
b) Absenteeism 1st SWW

Being absent from duty for 2 to 3 consecutive 2nd FW

working days, without permission or valid
reason. 3rd 6% of basic salary
deduction for 1
month plus
deduction of days
not worked

8% of basic salary
4th deduction for 1
month plus
deduction of days
not worked

5th Elevated to C-
Severe 2nd Breach
c) Unsatisfactory Work Performance 1st SWW

(i) Being negligent, careless, inefficient or 2nd FW

incompetent in the performance of duties.
3rd 6% of basic salary
(ii) Failing to achieve agreed performance deduction for 1
targets or standards for reasons within the month or 6%
control of the employee. 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 C-
Severe 2nd Breach

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d) Disorderly or Objectionable Behaviour 1st SWW

(i) Using abusive, insulting or obscene 2nd FW

language, gestures against any employee or
person at the workplace. 3rd Deduction of 6% of
basic salary for 1
(ii) Being rude, discourteous, impolite or month or 6%
disrespectful to any employee or person at the reduction of
workplace; and employment
allowances not
(iii) Deliberating or making a false report or exceeding 6
claim against an employee or person at the months
workplace.
4th Deduction of 8% of
basic salary for 1
month or 6%
reduction of
employment
allowances not
exceeding 6
months

5th Elevated to C-
Severe 2nd Breach

e) Insubordination or Disobedience 1st SWW

(i)Neglecting or refusing to perform any work or 2nd FW

duty lawfully and properly assigned by a
supervisor, appropriate local senior official, the 3rd Deduction of 6% of
Head of a Company/Organisation; or basic salary for 1
month or 6%
(ii) Disobeying lawful instructions given by a reduction of
supervisor, appropriate local senior official, the employment
Head of a Company/Organisation or the Board; allowances not
or exceeding 6
months
(iii) Wilfully failing, neglecting or refusing to
comply with any of the conditions of service,
the company rules or regulations, any 4th Deduction of 8% of
applicable laws, laid down policies or basic salary for 1
procedures, written standing instructions. month or 6%
reduction of
employment
allowances not
exceeding 6
months

5th Elevated to C-
Severe
2nd Breach

f) Loss, Damage or Misuse of Company 1st SWW

Property
2nd FW
Negligent damage to company property
involving minor loss, or minor misuse of 3rd Deduction of 6% of

14
company property. basic salary for 1
month and
prohibition of using
company property/
vehicle.

4th Deduction of 8% of
basic salary for 1
month and
prohibition from
using company
property/vehicle.

5th Elevated to C-
Severe 2nd Breach
g) Dishonesty 1st SWW

Dishonesty, that is intentional 2nd FW

misrepresentation of facts.
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 C-
Severe
2nd Breach
h) Consumption of Intoxicating Liquor or 1st SWW
Dangerous Drugs
2nd FW
(i) Consumption of intoxicating liquor or taking
dangerous drugs, other than drugs prescribed 3rd Deduction of 6% of
by a registered medical practitioner, at the basic salary for 1
workplace during the appropriate normal hours month or 6%
of work; or reduction of
(ii) Being under the influence of intoxicating employment
liquor or dangerous drugs other than drugs allowances not
prescribed by a registered medical practitioner , exceeding 6
at the workplace during the appropriate normal months
hours of work; or
(iii) Habitual consumption of intoxicating liquor 4th Deduction of 8% of
or dangerous drugs to such an extent as to be basic salary for 1
incapable of performing duties efficiently or month or 6%
properly. reduction of
employment
allowances not

15
 exceeding 6
months

Elevated to C-
5th Severe
2nd Breach
i) Conflict of Interest 1st SWW

Engaging in any occupation or undertaking any 2nd FW

work which conflicts with the interests of the
company/ organisation without the express 3rd Deduction of 6% of
permission of the Head of a basic salary for 1
Company/Organisation or the Board. 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 C-
Severe
2nd Breach
OFFENCE BREACH PENALTY
C-SEVERE
a) Absenteeism 1st FW

Repeatedly being absent from duty for 2 to 4 2nd Deduction of 10%

consecutive working days, without permission of basic salary for 1
or valid reason after being given a first written month
warning.
3rd Deduction of 12%
of basic salary for 1
month

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

5th Elevated to D-
Dismissible

b) Disorderly or objectionable Behaviour 1st FW

(i) Fighting or threatening violence against any 2nd Deduction of 10%
employee or person at the workplace; or of basic salary for 1
month

16
(ii) Sexual harassment of any employee or other
person at the workplace or during the course of Deduction of 12%
business, for example making unwanted sexual 3rd of basic salary for 1
advances, inappropriate and unwanted month
gestures or suggestions or hints of a sexual
nature, unwelcome physical or verbal conduct
of a sexual nature that denigrates or ridicules Deduction of 15%
or is intimidatory or is generally abusive of 4th of basic salary for 1
such employee or other person because of month / transfer
his/her sex; or from work place.

(iii) Initiating or promoting conflicts at the

workplace; or Elevated to D-
5th Dismissible
(iv) Hindering or obstructing any employee from
performing lawful duties.
c) Breach of Secrecy or Confidentiality 1st FW

Disclosing personal details or giving the 2nd Deduction of 10%

personal file of any employee, to any of basic salary for 1
unauthorised person or agency. month

3rd Deduction of 12%

of basic salary for 1
month

4th Deduction of 15%

of basic salary for 1
month

5th Elevated to D-
Dismissible

d) Loss, Damage or Misuse of Company 1st FW

Property
2nd Deduction of 10%
(i) Negligently causing damage to or loss of of basic salary for a
property belonging to the month/restitution
Company/Organisation or in its lawful of loss.
possession; or
Deduction of 12%
(ii) Misusing or making unauthorised use of 3rd
of basic salary for 1
property belonging to the
month /suspend
Company/Organisation or in its lawful
from using the
possession; or
company property
for a period not
(iii) Permitting or causing an unauthorised
exceeding 6
person to make use of property belonging to the
months
Company/Organisation or in its lawful
possession; or
Deduction of 15%
4th
of basic salary for 1
(iv) Wilfully causing damage to or loss of
month
property belonging to the
Company/Organisation or in its lawful
possession. 5th Elevated to D-
Dismissible

17
e) Unsatisfactory Work Performance 1st FW
unsatisfactory work performance. 2nd Deduction of 10%
of basic salary
3rd
Deduction of 12%
of basic salary for 1
month
4th
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.

Elevated to D-
5th
Dismissible

f) Consumption of intoxicating liquor or 1st FW

dangerous drugs
2nd Deduction of 10%
Consumption of intoxicating liquor or of basic salary for 1
dangerous drugs to such an extent as to be month
incapable of performing duties efficiently or
properly.
3rd Deduction of 12%
of basic salary for 1
month
4th
Deduction of 15%
of basic salary for 1
month

5th Elevated to D-
Dismissible
g) Dishonesty 1st FW
(i) Making any false claim or return. 2nd Deduction of 10%
of basic salary for 1
(ii) Wilfully withholding or giving false or month and
misleading information during an investigation restitution of loss.
or at an inquiry or hearing relating to the
affairs of the Company/Organisation. 3rd
Deduction of 12%
of basic salary for 1
(iii) Failing to account for property or monies
month and
belonging to the Company/Organisation or in
restitution of loss.
its lawful possession in respect of which it was 4th
one’s duty to look after or safeguard.
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 2nd Deduction of 10%
conditions of service or any of the of basic salary for 1
company’s/organisation’s regulations, any month
applicable laws, laid down policies or
procedures, written standing instructions or 3rd
rules; and Deduction of 12%
of basic salary for 1
(ii)Repeatedly disobeying lawful instructions month
given by a supervisor, appropriate local senior 4th
official, the Head of a Company/Organisation Deduction of 15%
or the Board. of basic salary for 1
month.
(iii)wilfully failing, neglecting or refusing to
comply with any of the conditions of service, Elevated to D-
the Company/Organisation rules or 5th Dismissible
regulations, any applicable laws, laid down
policies or procedures, written standing
instructions.
i) Discrimination 1st FW
Discrimination on the basis of race, tribe, place 2nd Deduction of 10%
of origin, political opinion, colour, creed or of basic salary for 1
gender, pregnancy, HIV & AIDS status. month
3rd Deduction of 12%
of basic salary for 1
month
4th
Deduction of 15%
of basic salary for 1
month
5th Elevated to D-
Dismissible
j) Unlawful Collective Job Action 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 FW
negligent behaviour at the workplace which Deduction of
results or is likely to result in injury or death of 2nd 10% of basic
an employee or other person. salary for 1
month

Deduction of
3rd 12% of basic
salary for 1
month
4th Deduction of
15% of basic
salary for 1

19
 month

5th Elevated to D-
Dismissible
OFFENCE 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

(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 1st Dismissible

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 1st Dismissible

(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 1st Dismissible
Property

Failing to account for property or monies

belonging to the Company/Organisation or in
its lawful possession in respect of which it was
one’s duty to look after or safeguard;

f) Dishonesty 1st Dismissible

(i) Taking or converting, or attempting to take

and convert, to one’s 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 one’s
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

(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 1st Dismissible

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 1 Middle/Senior Manager

Workers Committee Members 3/Alternate
Management 3/Alternate
Total 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 a Disciplinary Committee Secretary appointed by

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.

Provided that: –

(a) in the absence of the Chairperson, the Alternate Chairperson shall

preside over a hearing; or
(b) 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 1/Alternate
Workers Committee Members 2/Alternate
Management 2/Alternate
Total 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:-

(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.

14. 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 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 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 employee’s 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. 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 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) 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;
(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 which
event the fact that the proceedings were held in the absence of the
employee shall be placed on record;
(c) be concluded within fourteen (14) working days from the date of
commencement, unless the justice of the case demands otherwise;
(d) be confidential and details thereof shall not be disclosed to
unauthorised persons; and
(e) generally be conducted in the English language, but for the sake of
clarity 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 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
(vi) 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;

(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) 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;

(b) 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) 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.

(3) 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.

(4) 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) advise the employee of the outcome of the case and his/her right of
appeal in terms of Section 22 of the Code; and
(b) 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. Appeals to the Appeals Committee/Authority

(1) 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) “act” means the Labour Act [Chapter 28:01] as maybe amended from
time to time.
(b) “aggrieved employee” means an employee who has
a grievance.
(c) “grievance” means a complaint or perceived state of
disaffection 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 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
 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.

5. 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) 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;
(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 deems
necessary.
(f) 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………………………………………. 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

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 ……………………….

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 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 Employee’s 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 Employee’s 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 ……………………….

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 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 Employee’s 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 Guilty/Not Guilty

1.
2.
3.
4.

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 Industry’s 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