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 3) Approved by Council - 16 March 2007
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 MATRI (GUIDELINES) SERIOUSNESS OF THE OFFENCE Minor Serious Very serious PHASE OF DISCIPLINARY ACTION Corrective Verbal warning Written warning/ warning warning/ Dismissal Disciplinary Code and Proposed Action - Approved by Council - 16 March 2007 1
3. DISCIPLINARY MATRI (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 Absence from duty (1) Absconding (2) Poor timekeeping (3) OFFENCE DEFINITION Corrective Verbal warning Leaving the workplace without permission during working hours (4) Drunkenness or under the influence of an intoxicating substance while on duty (5) Revealing of confidential information of the UFS (6) Written warning/ warning warning/ Dismissal Absence of the employee from duty at the UFS without approved leave or an acceptable excuse. Absence of the employee from duty at the UFS without approved leave or an acceptable excuse for five (5) consecutive days or more. 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. (Depending on the frequency and duration of incidents.) (Usually coupled with counselling.) Leaving the workplace for reasons that are not work related and without the permission of his/her supervisor. (Depending on the frequency and duration of incidents.) 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. Deliberate or unauthorised release by an employee of information regarded as confidential by the UFS to an unauthorised third party. (If few or an isolated incident of abuse.) (If the person is an alcoholic, consider treatment.) (Depending on the nature and sensitivity of the information.) Disciplinary Code and Proposed Action Approved by Council - 16 March 2007 2
SERIOUSNESS OF THE OFFENCE OFFENCE DEFINITION Corrective Written warning/ warning/ Dismissal Fraud, dishonesty, forgery, providing of false personal information (7) Refusal to carry out legitimate instructions/ Insubordination (8) Sleeping on duty (9) Impertinence (10) Insulting behaviour (11) Rape and/or sexual molestation (12) Sexual harassment (13) Conscious and deliberate actions or omissions with a view to gaining an unauthorised and/or unwarranted advantage in a dishonest way. Refusal by an employee to carry out any legitimate instructions given by his/her (Depending on the seriousness and extent of the advantage gained from the action.) supervisor. Sleeping on duty during working hours while on duty in the workplace. Insolent, impertinent or disrespectful behaviour towards a supervisor, which is of such a nature that it undermines the authority of the supervisor. Disrespectful behaviour towards a senior, fellow or junior employee, member of the First offences will usually be handled by means of counselling.) (If behaviour requires more serious action than a mere warning.) public or student(s), etc. (If it occurs repeatedly.) (If the frequency and seriousness of the behaviour justifies it.) (If the frequency and seriousness of the behaviour justifies it.) (If behaviour requires more serious action than a mere warning.) Forces sexual intercourse or physical sexual contact or molestation. See the policy on sexual harassment (The circumstances and nature of harassment can cause the appropriate action to range from corrective counselling to dismissal.) Disciplinary Code and Proposed Action Approved by Council - 16 March 2007 3
Assault (14) Intimidation (15) Victimisation (16) Loafing (17) SERIOUSNESS OF THE OFFENCE OFFENCE DEFINITION Corrective Written warning/ warning/ Dismissal Refusal to work overtime/do emergency work (18) Illegal strikes (19) 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. Threats of violence or other harmful behaviour towards any employee or member of the public on the premises of the UFS. 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. Loafing during working hours, without a valid excuse. Unreasonable refusal to work overtime (do emergency work within the framework of the Basic Conditions of Employment Act (No. 3 of 1983). (Counselling is the appropriate first step, together with an exposition of the employee s duties.) (Unless extenuating circumstances can be argued.) (Unless extenuating circumstances can be argued.) (Only if counselling has taken place, duties have been spelt out and training and guidance have been provided where relevant.) Participation in an illegal strike not covered by the Labour Relations Act (No 66 of 1995). Disciplinary Code and Proposed Action Approved by Council - 16 March 2007 4
SERIOUSNESS OF THE OFFENCE OFFENCE DEFINITION Corrective Written warning/ warning/ Dismissal Being found guilty of a crime with a jail sentence (20) Unauthorised possession or use of equipment or property of the UFS (21) Causing of damage to property through negligence (22) Deliberate destruction of UFS property (23) Wastage of material (24) Unauthorised possession or use of a dangerous weapon in the workplace (25) 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. 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. Depending on circumstances, including the intention to steal.) Causing of damage to the property of the UFS through negligence. (Depending on the degree of negligence and the seriousness of the damage.) Causing of deliberate damage to the property of the UFS. (Only if strong extenuating circumstances are present.) Deliberate or neglectful wastage of material or products of the UFS. Unauthorised possession or use of any dangerous weapon which can cause an injury by an employee of the UFS. (If the weapon was carried with the intention to injure, damage or threaten.) Disciplinary Code and Proposed Action Approved by Council - 16 March 2007 5
SERIOUSNESS OF THE OFFENCE OFFENCE DEFINITION Corrective Written warning/ warning/ Dismissal Swearing and use of crude language (26) Loss or damaging of work or protective clothing (27) Smoking (28) Cruelty to animals (29) Unfair discrimination Swearing and use of crude language in the presence of fellow employees or aimed at a person, member of the public, student(s), etc. (Depending on the nature and frequency of the incidents.) Deliberate or neglectful loss or damaging of clothing provided to the employee by the UFS. 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. (If the frequency and seriousness of the behaviour justifies it.) Ill-treatment of any animals on the premises of the UFS. (Depending on the seriousness and frequency of ill-treatment.) Any unfair discrimination on the grounds of race, sex, language, religion, etc. 4. NAME OR PRESTIGE OF THE UNIVERSITY Any action or act of an employee that discredits the name or prestige of the University will be viewed as serious and the appropriate action will be taken against the employee (eg disloyalty). Disciplinary Code and Proposed Action Approved by Council - 16 March 2007 6