DISCIPLINARY PROCEDURE 1 2 DISCIPLINARY PROCEDURE INTRODUCTION This

DISCIPLINARY PROCEDURE 1

2 DISCIPLINARY PROCEDURE INTRODUCTION • This policy shall apply to all employees of the company as defined. • It is the responsibility of management and all employees to uphold this disciplinary policy as far as reasonably practical to do so. Employees are expected to report misconduct in the workplace, and management must take appropriate remedial and disciplinary action to address such misconduct. • This policy must be applied, having due consideration to the Code of Good Practice: Dismissal as contained in Schedule 8 of the LRA. • The company may exercise disciplinary action against an employee for good cause for instances not covered in this policy. 2

3 DISCIPLINARY PROCEDURE WORK RULES • Employees are required to: • perform their duties faithfully, honestly and use reasonable care and skill in their performance; • respect the company’s authority structure; • observe the standards set by the company from time to time in its policies, instructions and procedures; • perform all work promptly, efficiently and without delay; • obey all lawful and reasonable instructions; • act professionally and ethically at all times; • adhere to the dress code / standards of the company; • not act in conflict with the interests of the company; • respect confidentiality within the workplace; • Respect fellow employees. • The above listed rules are not exhaustive of all rules of the company and employees are required to familiarize themselves with the rules applicable to their departments and/or position as implemented from time to time. 3

4 DISCIPLINARY PROCEDURE MISCONDUCT • Breach of any company rule will result in appropriate disciplinary action being taken against the employee. • The company shall apply progressive discipline to minor / less serious offences to correct the behaviour of any employees who misconduct themselves. There is no formal process for such. Should such progressive discipline not prove successful over time, dismissal will be considered. • Dismissal shall be applicable for serious offences and conduct which breaks down the trust relationship between employee and employer. • The below table shall serve as a guideline but is not a complete list. • Disciplinary action will be implemented, taking into account the facts and circumstances of each case based and on its own merits. HEALTH AND SAFETY • We advise including clauses in policy dealing with health and safety standards and expectations. HEARINGS • We advise include clauses allowing hearings to take place in writing, video, telephone etc where circumstances require such alternative methods. 4

5 DISCIPLINARY PROCEDURE MINOR OFFENCES Absence of less than three days Poor timekeeping SERIOUS OFFENCES Sleeping on duty Failure to obey a reasonable instruction Poor and substandard work(incl loading, Abuse of sick leave idleness) Late for work or leaving work early Negligence without good reason Unwarranted absence from place of work Interfering with the work of others without good reason DISMISSABLE OFFENCES Absence of longer than 3 days without permission or notification All dishonest actions Discrimination and/or harassment of any kind Gross negligence Insubordination Having intoxicating substances in your system whilst working /reporting for duty / Unauthorized use of company property Unlawful industrial action / Inappropriate conduct / minor behaviour Surfing the internet during work hours for personal reasons Written Warning Valid for 6 (six) months Use of Social Media that may cause harm to Company or which is unauthorized. Includes misuse of IT or Communication policies Possession of dangerous weapons at work on company premises without permission Assault Threat of assault Intimidation or incitement to violence Unlawful possession of company property Divulgence of confidential company information RECOMMENDED SANCTION FOR FIRST OFFENCE Final Written Warning Dismissal Valid for 12 (twelve) months 5

HEALTH AND SAFETY WORKPLACE VIOLATIONS NOTE: Sanction shall be appropriate to the nature of the breach and surrounding circumstances. Employees are warned that actions /omissions may be reported which may result in imprisonment and/or fine in accordance with the DMA regulations where applicable. The following is a guideline. Serious breach of health and safety rule (medium to high risk includes potential for serious harm) NB that employees are aware of what is also an offence in terms of the DMA Dismissal Breach of health and safety rule (low risk includes potential for minor injury or harm) FWW Dismissal Minor breach of health and safety rule (0 risk for harm) WW Failing to wear a mask or PPE Failing to report symptoms related to COVID-19 where intention to expose others to harm can be attributed Failing to timeously report symptoms related to COVID-19 in accordance with rules Failing to comply with social distancing measures in the workplace Refusing to obey a reasonable instruction in respect of health and safety or COVID-19 protocol Intentionally misrepresenting that you or another person has COVID-19 related symptoms Making false statements or distributing fake news in the workplace relating to COVID-19 which is likely to cause harm Dismissal (violation of DMA regulations) Dismissal FWW Dismissal (violation of DMA regulations) Dismissal Failing to disclose that you have a comorbidity when requested in terms of health and safety regulations Dismissal Failing to co-operate with health and safety committee / or COVID-19 compliance officer Dismissal 6

7 DISCIPLINARY PROCEDURE IMPLEMENTATION OF DISCIPLINARY ACTION • All allegations of misconduct must be investigated. • Employees are required to co-operate in any investigation into misconduct. • Written record of disciplinary action taken must be kept in the employee’s personal file for the duration of their employment. • A disciplinary hearing shall only be held for any charges which could result in that employee’s dismissal unless not practical to do so. • An employee shall be entitled to 48 hours’ written notice of the date of the hearing which could lead to dismissal and informed of their rights in relation thereto. • No external representation shall be allowed. • The company may elect to use a suitably qualified external chairperson to chair internal disciplinary hearings. • The company may elect to suspend an employee, with pay, pending an investigation or hearing outcome where it is appropriate to do so. • After the hearing, the employer should communicate the outcome of the hearing and preferable furnish the employee with written notification. 7

8 DISCIPLINARY PROCEDURE • After the hearing, the employer should communicate the outcome of the hearing and preferable furnish the employee with written notification. • All disciplinary hearings should have some form of minutes / record of what transpired. • The company does not have an internal appeal system. Employees may refer the matter to the CCMA or relevant bargaining council where applicable, should they feel that the outcome is legally incorrect. • The employer reserves the right to review the outcome of the chairperson before implementation to ensure same is reasonable and reserves its right to take measures to address any irrational outcome. AMENDMENTS • This policy may be amended from time to time at the sole discretion of the company. • Notice of such amendments will be brought to the attention all employees timeously. 8