SAMPLE DISCIPLINARY OFFENCES /

ASSOCIATED CHARGES

ABSENTEEISM AND TIME KEEPING OFFENCES

DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Unauthorised Absenteeism/leave

Refers to being absent from Unauthorized absence in that Absent for 1-2 days
work without permission, and between (date) and (date) you
without a reasonable excuse, were absent from work without Absent for 3 – 4 days
or a medical certificate. permission.
Absent for 5 days or longer
Note 1: Refer to failure to follow
company policy and procedure
for possible additional charge.

Note 2: Refer to desertion/ act

of absconding for alternative
charge for absence longer than
five days.

Timekeeping

Refers to the failure of an Time keeping in that on the Poor time keeping, failure to
employee to comply with (date) you arrived late for work; adhere to stipulated starting and
his/her obligations in terms of or end times including but not
stipulated work hours. Timekeeping in that on the limited to starting times and
(date) you were late arriving break periods, reporting late for
back from lunch; work, leaving work early, taking
excessive breaks or breaks that
OR are longer than permitted, not
proceeding to the workplace or
Continuous poor time keeping in work station.
that on the (various dates), you
were late for work etc.

Note 1: Refer to failure to follow

company policy and procedure
for possible additional charge.

Desertion of post

Chairing Disciplinary Hearing 1

Copyright © 2013 KWELANGA TRAINING
Absence from workstation Desertion of post in that on the An employee leaves his/her
without permission and or a (date), at approximately (insert allocated post /work station
valid reason with intention of time) you deserted your without permission.
not returning until the next workstation without permission
allocated shift or workday. and or a valid reason.
Refers to a longer period than
merely absence from work
station .

Desertion and or the Act of Absconding from Work

Unauthorised absence from Absconsion alternatively Factors that play a role in

work without the intention to unauthorised absence from determining the intention of the
return. work, in that you have been employee are length of
absent from work from the absence, communication or lack
Normally refers to the absence (date) and despite being thereof with employee
for a period in excess of 5 days requested to do so have failed concerned and the employee’s
and the employee, despite to make contact with the failure to respond to requests to
being requested to do so, company to explain the reason contact the company.
failed to inform the company of for your absence or your
the reason for absence. whereabouts. In such cases, the employer
should have taken reasonable
steps to establish the
whereabouts of the employee.

WORK STANDARD OFFENCES

DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Negligence

Chairing Disciplinary Hearing 2

Copyright © 2013 KWELANGA TRAINING
Any failure by an employee to Negligence in that on (date) you If the work done is of a poor
comply with a standard of care failed, without proper cause to quality and/or quantity without
that the employee would perform your duties with the any reason being given.
reasonably be expected to proper care required in that you
provide in the completion and (describe the event). Failure to exercise proper care
fulfilment of his/her duties and and attention in regard to the
or tasks. Note 1: Refer to damage to manner in which a task should
company property for possible be performed to the extent that
Gross negligence is additional charge. the task has to be repeated or
distinguished from negligence that equipment is at risk of
in respect of the seriousness of being damaged.
the offence.
Failing to perform duties to the
Distinguished from dereliction required standard without any
of duty. acceptable reason.

Displaying unreliability, poor co-

operation and a lack of interest
in work.

Gross Negligence

A serious failure by an Gross negligence in that on Please note that these are
employee to comply with a (date) you failed, without proper sample offences and may need
standard of care that the cause to perform your duties to be adapted or varied
employee would reasonably be with the proper care required in according the specific company
expected to provide in the that you (describe the event). requirements.
completion and fulfilment of
his/her duties and or tasks. Note 1: Refer to damage to Any act or omission which has
Generally has the result of company property for possible the potential to give rise to
incurring substantial losses on additional charge. serious consequences to the
the company. company or its clients.

Any act whereby an employee,

through carelessness or
negligence, causes the
Company’s property valued
over R 500-00 to be lost or is
unable to account for it properly.

Action whereby the employee,

through carelessness or
negligence, causes or allows
company property valued more
than R 500-00 to be damaged.

Cash shortages of more than R

100-00 will be regarded as
gross negligence except where
theft or fraud could be proved.

Chairing Disciplinary Hearing 3

Copyright © 2013 KWELANGA TRAINING
Dereliction of Duty

Failure to comply with a duty to Dereliction of duty in that on Failing to complete a task
perform a task or job function in (date) you failed to complete allocated to the employee.
terms of allocated tasks and or (describe task or function), a
your job description and or task assigned to you.
general and recurring duties
assigned to the employee. Note 1:
Refer to insubordination for
alternative charge.

Loafing/ Idleness

Refers to standing or sitting Loafing/ Idleness in that on the Where an employee is found
about idly or saunter lazily or (date) you failed to devote all of doing non-worked related acts
aimlessly and thereby your time to the furtherance of instead of concentrating on
neglecting one’s work, failing to your duties in that you (describe his/her work.
work when there is work to be the event).
completed.

Note: Attention must be paid to the differences between incapacity (cannot) and misconduct (will not).
The disciplinary steps provided for in the code should be applied for “will not”.

If the unsatisfactory work performance is due to incapacity (cannot), the following must be adhered to:

A formal evaluation must be made of the employee’s performance.

Substandard performance as well as ways to correct such performance must be discussed with the
employee. The employee must also be informed as to the action that can be taken against him if
his/her performance does not improve.

Time should be allowed for the employee to improve his/her performance. The company must assist
the employee as far as possible and retrain if necessary.

The employee’s performance must be re-evaluated.

Chairing Disciplinary Hearing 4

Copyright © 2013 KWELANGA TRAINING
CONDUCT RELATED OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Abusive Language

Language that is inappropriate, Use of abusive language in that Use of abusive language.
abusive to an employee or on the (date) you used abusive
groups of employees and may language while addressing Swearing at fellow employees.
or may not be derogatory in (victims name).
nature.

Sexual Harassment

Sexual harassment is attention Sexual harassment in that on The sending of unsolicited email
of a sexual nature that is the (date) you (describe and or messages of a sexual
offensive and unwanted. The incident). nature.
unwanted attention
distinguishes it from behaviour The making of comments and or
that is welcome and mutual. suggestive remarks and or
actions that have a sexual
connotation or meaning.

Threatening Behaviour

Behaviour that constitutes a Threatening behaviour in that Threatening another employee

threat of harm on another on (date) you threatened verbally or by actions.
person and or property. Could (person threatened) by
be verbal or physical actions. (describe incident).

Assault

The physical harming of a work Assault in that on the (date) you The pushing of someone
colleague through physical assaulted (victim) by (describe The act of striking a person in
contact and or violence. incident). any way or form.

Intimidation and or Incitement

A threat using words or conduct Intimidation in that on (date) and To incite or intimidate other
or a combination of both with at (venue) you threatened other employees to:
the intention to influence a employees by (describe incident
person or group of people to act or behaviour). Use violence
in a certain way. This is aimed
at actions that are detrimental to Note 1: Refer to conduct Damage Company property
the company, its staff and or detrimental to the maintenance
clients. of good order within the work Partake in unlawful industrial
place as a possible additional action, or indulge in any other
charge. disorderly behaviour.

Note 2: Refer to abusive

language as a possible
additional charge.

Chairing Disciplinary Hearing 5

Copyright © 2013 KWELANGA TRAINING
Sabotage

Any act by an employee to Sabotage in that on (date) you Incidents were employees
interfere with the normal wilfully damage property of the deliberately sabotage company
operations of the Company by company by (describe event). property.
damaging machinery or
equipment or by interrupting any Note 1: Refer to damage to
supplies of power, fuel, company property as a possible
materials or services necessary additional charge.
to the operations; and bomb
threats, whether intended
seriously or as a joke.

Unprotected Strike Action

Refers to employees partaking Participation in unprotected Work stoppages that occur

in strike action as defined by the strike action in that on the without following dispute
Labour Relations Act 66 of 1997 (date), you participated in strike resolution procedures.
but which is regarded as action that was unlawful and
unprotected in terms of the Act. unprotected.

Chairing Disciplinary Hearing 6

Copyright © 2013 KWELANGA TRAINING
ALCOHOL AND OR DRUG RELATED OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Under the influence of alcohol and or narcotics

Under the influence of alcohol Under the influence of alcohol Reporting for work in an unfit
and or any other mind altering and or narcotics in that on the condition whilst under the
substance including but not (date) you (describe incident). influence of alcohol and/or
limited to any prohibited and or drugs.
prescription drugs. Includes
arriving at the work place unfit
to commence with duty due to
alcohol consumption.

Unauthorised consumption of alcohol and or narcotics

The consumption of alcohol, Unauthorised consumption of Consumption of alcohol and or

drugs or related substance alcohol in that on the (date), you drugs whilst on duty.
whilst on duty. were seen consuming
alcohol/drugs etc. whilst on
duty.

Unauthorised possession of alcohol or narcotics

Refers to the possession of Unauthorised possession of Found in possession of alcohol

alcohol or drugs on the alcohol and or narcotics in that and or drugs.
company premises. on the (date), you were found in
possession of (describe
substance found).

Chairing Disciplinary Hearing 7

Copyright © 2013 KWELANGA TRAINING
DISOBEDIENCE AND OFFENCES OF A DISRESPECTFUL NATURE
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Insolence

Action by an employee that Insolence in that on (date) you Being belligerent in the
constitutes and shows showed disrespect to your acceptance of an instruction.
disrespect to his/her employer. manager by (describe incident).
Accepting an instruction but
A direct (verbal) or indirect then voicing dissatisfaction to
(through actions) challenge to colleagues.
the authority of the employer
and or his designated Openly refusing to accept an
representative. instruction from a superior.

Gross Insolence

A serious act of insolence that Gross insolence in that on Public refusal of an instruction.
has as its elements wilful (date) you showed disrespect to Swearing at a manager when
contempt of the employer’s your manager by (describe refusing follow an instruction.
authority. A challenge by an incident).
employee.

Insubordination

The intentional disobeying of a Insubordination in that on the An employee directly or

reasonable and lawful (date) it is alleged that you indirectly confronts his
instruction given by engaged in gross misconduct by supervisor by e.g. refusing
management. challenging the authority of the verbally and/or making no effort
employer/superior and/or failing to carry out the work when
Any act or conduct of or refusing to obey a reasonable instructed to do so.
disobedience that has the effect and lawful instruction relating to
of challenging the authority of (details of instruction/incident).
the superior, management,
supervisor.

Gross Insubordination

A serious act of refusing to Gross insubordination in that on When an employee is given an

comply with a reasonable and the (date), you refused to obey instruction and fails to carry out
lawful instruction. a reasonable and lawful the instruction resulting in
instruction relating to (details of damage to the company.
instruction/incident).

Breach of Company Policy and Procedure

A negligent or intentional failure Breach of company (name of An instance where there is an

to follow a company policy that policy) policy and procedure in implemented company
has been implemented. that on the (date) you failed to procedure and the employee
abide to the policy by (describe fails to follow it.
event or conduct).

Chairing Disciplinary Hearing 8

Copyright © 2013 KWELANGA TRAINING
DISHONESTY OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Making a false statement

The intentional making of a Gross dishonesty in that you on An employee makes a false
statement with the intent to the (date) made a false statement or submission to the
deceive or conceal the truth. statement by (describe company.
incident).
Fraud

The intentional making of a Gross dishonesty in that you The creation of a false
false statement either in writing committed fraud in that on the document with the intent to
or verbally with the intention to (date) you presented a false mislead (defraud), resulting or
obtain some form of benefit and (describe document and or calculated to result in some
or unjustified enrichment. conduct). prejudice, harm or loss to
another or undue benefit to the
employee, e.g. altering a
medical certificate, travel claim,
accommodation claim etc.

Chairing Disciplinary Hearing 9

Copyright © 2013 KWELANGA TRAINING
OFFENCES DETRIMENTAL TO THE COMPANY
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Breach of Confidentiality

Refers the unauthorised Gross dishonesty - in that on Any disclosure of company

disclosure of confidential the (date), you disclosed information without permission
information including but not (describe information disclosed) and authorisation.
limited to company’s trade being confidential information of
secrets, confidential the company without
documentation, technical know- authorisation.
how and data, drawings,
system, methods, software,
processes, client lists,
programs, marketing and or
financial information.

Bringing the Company Name into Disrepute

Any conduct that is detrimental Bringing the company name into A complaint received from a
to the image and or good disrepute in that on the (date) member of the public or a client.
standing of the company within you (describe incident) thereby
the perception of the public bringing the company name into
thereby creating a negative disrepute.
image of the company.

Competing with the employer and or conflict of interest

Acting contrary to the best Competing with the employer

interest of the employer in and or conflict of interest in that
disclosing confidential on (dates) you
information to a competitor of worked/made/conducted the
the company and or conducting business of/gave information
business in competition to the concerning (describe content) to
company and or failing to (competitors name) in
disclose an interest in a competition with the company
competing business to the and in breach of your contract of
company. employment/duty as an
employee.

Note 1: Refer to confidentiality

obligations for further charge.

Conduct detrimental to the maintenance of good order within the work place

Conduct that has the effect of Conduct detrimental to the Normally as a result of small
being detrimental to the moral of maintenance of good order acts of the employee that
the company and its employees. within the work place in that on treated separately do not
Normally associated with the (date), you (describe constitute a serious offence but
continuous behaviour of the conduct). treated together add up to a
kind that leads to disharmony serious challenge to the
within the work place and authority of the company.

Chairing Disciplinary Hearing 10

Copyright © 2013 KWELANGA TRAINING
behaviour that is aimed at
challenging the authority of the
company.

Chairing Disciplinary Hearing 11

Copyright © 2013 KWELANGA TRAINING
PROPERTY RELATED OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Damage to company property

The intentional or negligent Damage to company property in The breaking of a tool or

causing of harm/damage to that on (date) you caused machine of the company.
company property or property of damage to a (describe the
a co-employee. property damaged), being the
property of the company or co-
employee.

Note 1: Refer to negligence for

possible additional charge.

Theft

Being in the possession of Theft, in that on the (date), you The unauthorized removal or
company and or client and or a were found in possession of taking of property other than the
fellow colleagues property with (describe the item) being the employee’s own including fellow
the intention to permanently property of the employees property.
deprive the affected party of the company/client/colleague
item. without authorisation and or
permission.
Attempted theft

Refers to the attempted removal Attempted theft in that on the Incidents where an employee is
of property of the company and (date), you were found in caught by security being in
or client and or fellow employee possession of (describe the possession of property not
without authorisation. item) being the property of the belonging to them prior to
company/client/ colleague vacating the company premises.
without authorisation and or
permission.

Unauthorised possession of company property

Being in possession of company Unauthorised possession of Incidents where an employee is

property without the necessary company property in that on the found in possession of company
permission and or authority. (date) you were found in property that although the
possession of (describe item) intention to steal the item is not
without authorisation. there, he/she has no authority to
have the item in their
Note 1: Refer to breach of possession.
company policy and procedure
for a possible further charge.

Chairing Disciplinary Hearing 12

Copyright © 2013 KWELANGA TRAINING