Less serious misconduct
In the event of less serious misconduct, the supervisor may invoke any one of the procedures outlined in clauses 5.1 to 5.5 which he or she deems appropriate.
| 5.1 |
Corrective counseling. In cases where the seriousness of the misconduct warrants counseling, the manager of the employee must: |
| 5.1.1 |
Bring the misconduct to the employee's attention; |
| 5.1.2 |
Determine the reasons for the misconduct and give the employee an opportunity to respond to the allegations, through himself/herself or by a union representative; |
| 5.1.3 |
Seek to get agreement on how to remedy the conduct; and |
| 5.1.4 |
Take steps to implement the agreed course of action. |
| 5.2 |
Verbal warnings. In cases where the seriousness of the misconduct warrants a verbal warning, the supervisor/manager of the employee may give a verbal warning. The steps in clauses 5.1.1 and 5.1.2 must be followed. The supervisor/manager must inform the employee that further misconduct may result in more serious disciplinary action, and record the warning. The verbal warning will only be valid for 03 months. |
| 5.3 |
Written warnings. In cases where the seriousness of the misconduct warrants a written warning, the supervisor/manager may give the employee a written warning. The steps in clause 5.1.1 and 5.1.2 must be followed. The following provisions apply to written warnings: |
| 5.3.1 |
The written warning may use the form of Annexure B. |
| 5.3.2 |
The supervisor/manager must give a copy of the written warning to the employee, who must sign receipt of it. If the employee refuses to sign receipt, the supervisor/manager must hand the warning to the employee in the presence of another employee; both the supervisor and the other employee must sign in confirmation that the written warning was conveyed to the employee. |
| 5.3.3 |
The written warning must be filed in the employee's personal file. |
| 5.3.4 |
A written warning remains valid for six months. At the expiry of the six months, the written warning must be removed from the employee's personal file and destroyed. |
| 5.3.5 |
If during the six-month period, the employee is subjected to disciplinary action on a same or related offence, the written warning may be taken into account in deciding an appropriate sanction. |
| 5.4 |
Final written warnings. In cases where the seriousness of the misconduct warrants a final written warning, the manager may give the employee a final written warning. The steps in clause 5.1.1 and 5.1.2 must be followed. The following provisions apply to final written warnings: |
| 5.4.1 |
The final written warning may use the form of Annexure C. |
| 5.4.2 |
The manager must give a copy of the final written warning to the employee, who must sign receipt of it. If the employee refuses to sign receipt, the manager must hand the warning to the employee in the presence of another employee; both the supervisor and the other employee must sign in confirmation that the final written warning was conveyed to the employee. |
| 5.4.3 |
The final written warning must be filed in the employee's personal file. |
| 5.4.4 |
A final written warning remains valid for six months. At the expiry of the six months, the final written warning must be removed from the employee's personal file and destroyed. |
If during the six-month period, the employee is subject to disciplinary action on a same or related offence, the final written warning may be taken into account in deciding an appropriate sanction.
| 5.5 |
For the purpose of determining appropriate disciplinary actions, valid warnings for similar offences by the employee shall be taken into account. |
Council for Medical Schemes Levies Act, 2000
