1.
Maintenance of Discipline
1.1
The Management of the CSIR is responsible for the maintenance of discipline, the
promotion of stability, job security and the fair and equal treatment of all employees.
All levels of Management are therefore responsible for the maintenance of discipline.
1.2
2.
Application
This document forms an integral part of these Conditions of Service dated 1 April 2002,
which applies to all employees and to each case where discipline must be applied.
3.
Purpose
The purpose of this document is to encourage disciplined conduct amongst all employees,
which will be to the advantage as well as for the safety of each individual. The Disciplinary
Code is intended to promote the CSIRs Code of Conduct and to correct improper conduct of
employees.
4.
5.
Reporting Misconduct
The reporting of misconduct and the investigation of allegations will occur as follows:
5.1
5.2
5.3
5.4
6.
The Investigation
6.1
Consider the written report of alleged misconduct;
6.2
6.3
During the investigation the relevant employee will not be required to answer any of
the allegations made against him or her or make any submissions to the persons
conducting the investigation;
6.4
6.5
6.6
7.
6.5.2
8.
6.5.1
All alleged offences must be covered in clear and concise terms, and where and when
these were committed, stated. Sufficient detail must be given to enable the employee
to understand the charge.
9.
10.
11.
8.2
8.3
The Chairperson and all other Committee Members will be furnished with a copy of
the charges and all the statements of the witnesses to enable the Committee to prepare
for the Disciplinary Hearing.
8.4
8.5
In the event of a Hearing against the Human Resources Manager of a Business Unit,
the Human Resources Executive Vice-President.
9.3
In the event of a Hearing against a Head of a Business Unit or an Executive VicePresident, the President;
9.4
After all the witnesses supporting the allegations against the employee have given
their evidence the employee will be given an opportunity to give evidence, to call
witnesses in rebuttal and to respond to any comments by the Chairperson.
10.2
At the conclusion of the Disciplinary Hearing, the Chairperson should permit the
investigator and the employee and/or his or her representative to address him or her
on the question of whether or not the charges have been established.
Disciplinary Inquiries
11.1
The Disciplinary Hearing will be held as soon as possible after the alleged
contravention comes to the CSIRs notice, provided that the employee will be
afforded a reasonable time to prepare for his or her defence.
11.2
Arrangements must be made for the accurate recording of the proceedings during the
Disciplinary Hearing.
11.3
The Disciplinary Hearing should be held in a place that is removed from noise and
possible outside interference while the Disciplinary Hearing is in progress.
11.4
The employee should be present at the Disciplinary Hearing. If he or she does not
attend the Disciplinary Hearing, the Disciplinary Committee may decide to continue
with the Disciplinary Hearing in the absence of the employee or to reconvene the
Disciplinary Hearing for another occasion or time. Should the Disciplinary
Committee, based on information available, form the view that the employee is
avoiding attendance at the Disciplinary Hearing without sufficient reason, the
Disciplinary Hearing should proceed.
11.5
Evidence should first be led on behalf of the CSIR, whose evidence and submissions
should be presented by the Manager or Supervisor involved in the matter. The CSIR
must call witnesses necessary to support its allegations and the employee may
question these witnesses or evidence.
11.6
When the CSIR has completed its evidence and submissions, the Chairperson should
invite the employee to present his or her reply. The employee will similarly have the
right to call witnesses and produce evidence. The CSIR's representative may question
those witnesses or evidence.
11.7
If at any stage the Disciplinary Committee of the Disciplinary Hearing needs to ask
questions to clarify anything, they should do so. They should not, however, ask
questions in such a manner which may be construed as indicating any bias with
respect to the CSIR or the employee.
11.8
At the conclusion of all the evidence, the Disciplinary Committee should take time to
consider their decision and can adjourn the Disciplinary Hearing for that purpose.
11.9
11.10
11.11
11.12
The CSIR shall as far as practically possible act consistently in imposing similar
penalties where the circumstances and merits are similar.
11.13
The final decision and the reasons therefore should be recorded in writing and given
to the employee and his or her representative. The written decision should also set
out the consideration(s) that substantiate(s) the allegation(s) against the employee,
and the penalty.
Disciplinary Code and Procedure:
Page 4
Annexed to the Conditions of Service of the CSIR, 1 April 2002
12.
11.14
The Chairperson will be responsible for collating and forwarding all documentation
to the Human Resources Manager of the relevant employee.
11.15
Penalties
12.1
The Chairperson announces the penalty and gives his or her reasons for the decision
in the presence of the employee and his or her representative and explains the
consequences of the penalty to the employee.
12.2
Penalties that may be imposed for failure to maintain the CSIRs standards or for
unsatisfactory and/or unacceptable behaviour:
12.2.1 dismiss the employee summarily or with such notice as is deemed expedient
under the circumstances;
12.2.2 dismiss an employee with pay in lieu of notice;
12.2.3 written warnings;
12.2.4 by agreement with the employee and as an alternative to dismissal suspend
the employee from service without pay for a maximum period of 14
(fourteen) days;
12.2.5 informal warning or reprimand an employee;
12.2.6 impose any other appropriate measure.
12.3
13.
The Disciplinary Committee may suspend the implementation of any one of the
measures set out above for a specified period.
Review of Hearing
13.1
An employee who has been disciplined in terms of the CSIR Conditions of Service
has the right to Appeal for Review to the President and/or any Member of the
Executive Board as approved by the President or in the case of a Member of the
Management Board to the Chairperson of the Board against the conviction and the
penalty, within 10 (ten) working days of receipt of notice of such penalty.
13.2
The Appeal referred to in Sub-Paragraph 13.1 above shall be noted in writing with the
Industrial Relations Manager of the CSIR and will clearly and concisely set forth the
grounds of Appeal and whether the verdict and the penalty, or only the penalty, is
appealed against.
13.3
The President and/or any Member of the Executive Management Board as approved
by the President shall request the Chairperson of the Disciplinary Committee to
furnish written reasons for the Committee's decision, which reasons will be furnished
within 10 (ten) working days from such request.
13.4
provisions of the Labour Relations Act, 1995 (Act No 66 of 1995), as amended, shall
only be able to do so after all the CSIR's internal remedies and/or procedures have
been exhausted.
14.
In the case of Sub-Paragraph 14.1.1 the Board may after further investigation, dismiss
the Appeal or Order that the appellant be exempted either completely or partially, as
the Board may consider fair and reasonable, from payment of such amount.
14.3
In the case of Sub-Paragraph 14.1.2, the Court may make an Order setting aside such
Order or reducing the amount, as the case may be, if it is not convinced that the Order
was rightly made or that the amount is correct.
Notification to the
relevant employee's
representative