SAMPLE DISCIPLINARY OFFENCES /

ASSOCIATED CHARGES
ABSENTEEISM AND TIME KEEPING OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Unauthorised Absenteeism/leave

Refers to being absent Unauthorized absence in that Absent for 1-2 days
from work without between (date) and (date)
permission, and without a you were absent from work Absent for 3 – 4 days
reasonable excuse, or a without permission.
medical certificate. Absent for 5 days or
Note 1: Refer to failure to
follow company policy and longer
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 adhere to stipulated starting
his/her obligations in work; or and end times including but
terms of stipulated work Timekeeping in that on the not limited to starting times
hours. (date) you were late and break periods, reporting
arriving back from lunch; late for work, leaving work
early, taking excessive
OR breaks or breaks that are
longer than permitted, not
Continuous poor time proceeding to the workplace
keeping in that on the or work station.
(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

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

Desertion and or the Act of Absconding from Work

Unauthorised absence Absconsion alternatively Factors that play a role in

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

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

Distinguished from Failing to perform duties to

dereliction of duty. the required standard
without any 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 sample offences and may
standard of care that the proper cause to perform need to be adapted or
employee would your duties with the proper varied according the
reasonably be expected to care required in that you specific company
provide in the completion (describe the event). requirements.
and fulfilment of his/her
duties and or tasks. Note 1: Refer to damage to Any act or omission which
Generally has the result of company property for has the potential to give
incurring substantial losses possible additional charge. rise to serious
on the company. consequences to the
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
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 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.

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Dereliction of Duty

Failure to comply with a duty Dereliction of duty in Failing to complete a task

to perform a task or job that on (date) you failed allocated to the employee.
function in terms of allocated to complete (describe
tasks and or your job task or function), a task
description and or general assigned to you.
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 Where an employee is found

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

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CONDUCT RELATED OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Abusive Language

Language that is Use of abusive language in Use of abusive language.

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

Sexual harassment is Sexual harassment in that The sending of unsolicited

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

Behaviour that constitutes Threatening behaviour in Threatening another

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

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

A threat using words or Intimidation in that on (date) To incite or intimidate other

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

Note 2: Refer to abusive

language as a possible
additional charge.
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Sabotage

Any act by an employee to Sabotage in that on (date) Incidents were employees

interfere with the normal you wilfully damage deliberately sabotage
operations of the Company property of the company company property.
by damaging machinery or by (describe event).
equipment or by
interrupting any supplies of Note 1: Refer to damage to
power, fuel, materials or company property as a
services necessary to the possible additional charge.
operations; and bomb
threats, whether intended
seriously or as a joke.
Unprotected Strike Action

Refers to employees Participation in unprotected Work stoppages that occur

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

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ALCOHOL AND OR DRUG RELATED OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Under the influence of alcohol and or narcotics

Under the influence of Under the influence of Reporting for work in an

alcohol and or any other alcohol and or narcotics in unfit condition whilst under
mind altering substance that on the (date) you the influence of alcohol
including but not limited to (describe incident). and/or drugs.
any prohibited and or
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 Consumption of alcohol and

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

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DISOBEDIENCE AND OFFENCES OF A DISRESPECTFUL NATURE
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Insolence

Action by an employee that Insolence in that on (date) Being belligerent in the

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

A serious act of insolence Gross insolence in that on Public refusal of an

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

Insubordination

The intentional disobeying Insubordination in that on An employee directly or

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

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

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

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

failure to follow a company policy) policy and procedure an implemented company
policy that has been in that on the (date) you procedure and the
implemented. failed to abide to the policy employee fails to follow it.
by (describe event or
Chairing Disciplinary Hearing 9
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 conduct).

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DISHONESTY OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Making a false statement

The intentional making of a Gross dishonesty in that An employee makes a false

statement with the intent to you on the (date) made a statement or submission to
deceive or conceal the truth. false statement by the company.
(describe
incident).
Fraud

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

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OFFENCES DETRIMENTAL TO THE COMPANY
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Breach of Confidentiality

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

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

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

interest of the employer in employer and or conflict of
disclosing confidential interest in that on (dates)
information to a competitor you
of the company and or worked/made/conducted
conducting business in the business of/gave
competition to the company information concerning
and or failing to disclose an (describe content) to
interest in a competing (competitors name) in
business to the company. competition with the
company and in breach of
your contract of
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 Conduct detrimental to the Normally as a result of
of being detrimental to the maintenance of good order small acts of the employee
moral of the company and within the work place in that treated separately do
its employees. Normally that on the (date), you not constitute a serious
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associated with continuous (describe conduct). offence but treated
behaviour of the kind that together add up to a
leads to disharmony serious challenge to the
within the work place and authority of the company.

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behaviour that is aimed at
challenging the authority of
the company.

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PROPERTY RELATED OFFENCES
DEFINITION SAMPLE CHARGES SAMPLE OFFENCES
Damage to company property

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

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

Refers to the attempted Attempted theft in that on Incidents where an employee

removal of property of the the (date), you were found is caught by security being in
company and or client and in possession of (describe possession of property not
or fellow employee without the item) being the belonging to them prior to
authorisation. property of the vacating the company
company/client/ colleague premises.
without authorisation and
or permission.
Unauthorised possession of company property

Being in possession of Unauthorised possession of Incidents where an

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

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