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SAMPLE PROCEDURES 1 - Disciplinary Procedure ... go here... 2 - Sample Contracts of Employment ... go here (In Word Format for easy editing) 3 - Grievance Procedure... go here 4 - Harrassment Procedure... go here... Disciplinary Procedure It is the company's policy to provide the best possible standards of pay, benefits and conditions of employment. In return, the employee is expected to contribute high standards of workmanship, attendance, co-operation and acceptable levels of productivity. While the aim of the disciplinary procedure is to help individuals whose performance, attitude or conduct falls below the company's standards, a disciplinary record may affect an employee's advancement prospects. Should informal counselling fail to resolve the problem, the following will apply: Step 1 - Verbal Warning In cases of minor infringements, the supervisor/manager of the employee concerned will warn the employee verbally of the aspects of work or conduct which are below standard, stating clearly that this is a warning, advising on the improvements which must be made and that if the required improvements are not made then the next step in the procedure is a written warning. The employee will be given a memo confirming the warning and a copy will be placed on his/her personnel file. If the conduct/performance is satisfactory for 6 months, then this warning lapses for the purpose of this procedure. Step 2 - Written Warning Where the employee's performance does not improve to the required standard, within a reasonable time, then the immediate supervisor/manager will issue the employee with a written warning. This warning will inform the employee of the aspects of conduct or performance which are below standard, stating clearly that this is a written warning, advising on the improvements which must be made and that if the required improvements are not made then the next step in the procedure is a final written warning. The employee will be given a copy of the warning and a copy will be placed on his/her personnel file. If the conduct/performance is satisfactory for 6 months, then this warning lapses for the purpose of this procedure. Step 3 - Final Written Warning Where the employee's performance does not improve to the required standard within a reasonable time, then the General Manager/Director will issue the employee with a final written warning. This warning will inform the employee of the aspects of conduct or performance which are below standard, stating clearly that this is a final written warning, advising on the improvements which must be made and that if the required improvements are not made then the next stage in the procedure is dismissal. The employee will be given a copy of the warning and a copy will be placed on his/her personnel file. If the conduct/performance is satisfactory for 12 months, then the employee shall revert back to Step 2 of the Disciplinary Procedure. Consideration will be given to imposing a penalty of a disciplinary suspension with or without pay for a period of time as an alternative to a final written warning. Step 4 - Dismissal If, despite the warnings/action taken in accordance with Steps 1, 2 and 3 of this Procedure, the employee's conduct/performance is still not acceptable to the company then he/she will be dismissed. The General Manager/Director will make this decision. Consideration will be given to imposing a penalty of a disciplinary suspension with or without pay for a period of time or demotion or redeployment, as an alternative to dismissal in appropriate cases. Right of Appeal An employee has the right of appeal. An appeal will normally be made to the next management level above that at which the disciplinary decision was taken or to an agreed independent 3rd party in the event that the most senior Manager or Director in the business has dealt with the matter. Appeals must be made in writing within 5 working days of the disciplinary decision being communicated to the employee. Right to representation An employee who is called to a disciplinary meeting has the right to representation. Representation can be by a fellow employee, a Trade Union official but not any other person unconnected with the organization Examples of offences The following are examples of offences, which will result in disciplinary action being taken against an employee up to and including dismissal: Consistent lateness Breach of contract of employment terms Failure to carry out reasonable instructions Failure to perform the job function to a competent level The above points are examples only and are not exclusive. In the event of any disciplinary action been taken against an employee, Management undertake to outline clearly the offence for which the employee is being accused of and to operate these procedures under the laws of natural justice. In the event of misconduct warranting summary dismissal, the following procedures apply; Misconduct In cases of misconduct such as bullying and harassment, fighting, theft, willful damage to company property, reporting for work under the influence of alcohol, breaches of trust, etc., the company may summarily dismiss an employee without recourse to the procedure contained in Steps 1 to 4 above. In cases where the company considers that summary dismissal is warranted, it may suspend an employee with pay in order to facilitate investigation of the particular case. In all such cases, the Company will clearly outline why the misconduct warrants summary dismissal. Following investigation of any matter under this clause, the company may decide either to impose another form of discipline, such as suspension without pay and or final written warning without recourse to the procedure in 1 to 4 above GRIEVANCE PROCEDURE ABC Ltd. ABC Ltd places great importance on creating and maintaining good relations between management and all employees. It is in the interest of everyone that where problems arise they are resolved quickly and effectively. In the event of work assignments being in dispute then the employee is required to carry out the assigned work while the grievance is being processed through this procedure. The following procedure is designed to ensure that problems are brought to the attention of management at the earliest possible stage and to ensure that they are dealt with without undue delay. Step 1 An employee with a problem or complaint should raise the issue first with the immediate supervisor/manager, who will make every effort to solve the problem as quickly as possible. The employee will be informed of the resolution or progress on the issue within three working days. Step 2 If the matter is not resolved at Step 1 then the employee is entitled to refer it to the next management level. A decision will be made on the issue by the manager within 10 working days. The employee may be accompanied by another employee at this meeting if he/she so chooses. Step 3 If all the supervisor/management levels below General Manager/Director have failed to resolve the issue then it can be referred to the General Manager/Director. A decision will be made on the issue by the General Manager/Director within 10 working days. The employee may be accompanied by another employee at these meeting(s) if he/she so chooses. More than one meeting may be required at any of the stages of the grievance procedure. Written records will be kept of each of the meetings, apart from the first informal meeting. An employee has the right to appeal a decision to the next management level. This appeal must be made in writing within 5 working days of the decision being communicated to the employee. In the event that the grievance is not resolved within the company then an agreed independent 3rd party will be appointed to resolve the matter. Procedure for Dealing with Harassment at Work The Management at ABC Ltd. is opposed to all forms of harassment and bullying at work. It is Company policy to take all reasonable steps to prevent sexual or any other form of harassment at work. This includes any offensive; humiliating or intimidating conduct towards another employee whether or not of a sexist nature. Examples of harassment can include spoken words, gestures or the production, display or circulation of written words, pictures or other material, which are offensive. It is the Company's intention to deal with bullying or any other form of harassment as misconduct under the Company's Disciplinary Procedure. Depending on the seriousness of the misconduct, appropriate disciplinary action up to and including suspension without pay or dismissal will be considered. Any employee suffering sexual harassment, bullying or any other form of harassment is required to report the matter to her/his immediate Supervisor. However, where reporting harassment to the immediate Supervisor causes embarrassment or is thought inappropriate by the employee, it may be reported to any other member of the senior management team. Management will deal seriously and confidentially with any allegations of sexual harassment or bullying in the workplace. If investigations of an allegation of harassment reveal a deliberate untruth or that the complaint was malicious, this may be deemed as misconduct by the Complainant and may be dealt with under the Company's Disciplinary Procedure. Top top of page...