Motswako Employee Handbook

EMPLOYEE HANDBOOK

Page 2

About Us ......................................................................................................................................................... 5
The Executive Team ....................................................................................................................................6 – 7
Regional Branches ........................................................................................................................................... 8
Purpose of this handbook ................................................................................................................................ 9
Code of Conduct ............................................................................................................................................ 10
Your employment................................................................................................................................... 11 – 14
HUMAN RESOURCES POLICIES........................................................................................................................ 15

Alcohol and Substance Abuse Policy .................................................................................................... 16 – 19
Bootstock Policy......................................................................................................................................... 20
Cell Phone Allowance Policy ....................................................................................................................... 21
Company Vehicle Policy........................................................................................................................22 - 24
Expense Claims Policy...........................................................................................................................25 - 27
Flexi Working Hours Policy ......................................................................................................................... 28
Fuel Card Policy....................................................................................................................................29 - 30
HIV & AIDS Policy .................................................................................................................................31 - 34
Industrial Relations Policy & Procedures ...............................................................................................35 - 38

Schedule of Disciplinary Offences .....................................................................................................39 - 44
Incapacity Policy & Procedure...........................................................................................................45 - 47
Incapacity: Ill Health/Injury.................................................................................................................... 48
Grievance Policy and Procedure........................................................................................................49 - 50
Sexual Harassment Policy and Procedure ..........................................................................................51 - 54
Medical Aid Subsidy Policy ...................................................................................................................55 - 56
IT and Social Media Policy ....................................................................................................................57 - 60
Lead Commission Policy ............................................................................................................................. 61
Leave Policy ............................................................................................................................................... 62

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Annual Leave ...................................................................................................................................63 - 64
Sick Leave ........................................................................................................................................65 - 66
Family Responsibility Leave .................................................................................................................... 67
Maternity and Parental Leave...........................................................................................................68 - 70
Study Leave............................................................................................................................................ 70
Mobile Device Policy ............................................................................................................................71 - 72
Overtime Policy....................................................................................................................................73 - 74
Payroll Management Policy ..................................................................................................................75 - 76
Probation Evaluation Policy..................................................................................................................77 - 79
Work related Functions and Events Policy................................................................................................... 80

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ABOUT US

Motswako Office Solutions is a Black Empowered Office Automation company, which was awarded Ricoh Platinum
Partner status in 2010.
We are one of South Africa’s leading document management solution providers, offering state of the art hardware
as well as software solutions to any environment.
The majority of the company’s revenue comes from products, solutions and services that improve the interaction
between people and information. Ricoh also produces specialised industrial products. It is known for the quality
of its technology, the exceptional standard of its customer service and sustainability initiatives.
Proudly Level 1 B-BBEE
Motswako Office Solutions’ business ethos is fortified by its profound commitment to the issues of Broad-Based
Black Economic Empowerment. Therefore, Motswako’s unflinching allegiance to this matter has initiated a visible
and well-balanced B-BBEE program that addresses the inequalities of the past through a dedicated and ongoing
process. We utilize this social development vehicle to support our commitment to empowerment, sustainable
socia-economic growth, and our desire to contribute to the transformation of our people and widen their choices.
Our Services
Motswako supplies and maintains the highly acclaimed global Ricoh brand in Southern Africa.
Guaranteeing the best practices, research and
development materials required, whilst ensuring our
customers receive superior products and services.

Motswako’s maangement team has over a hundred
years of collective experience in this ever-changing
industry, which ensures that our clients are provided
with a sophisticated range of products, services, and
world-class skills in order to conceptualize workable
solutions that have been tried and tested over the
decades.

Motswako’s philosophy is to address each client’s needs
with a holistic and workable solution. Our clients
inevitably become part of our extended Motswako
family and we are passionate about efficient and
friendly service long after the sale is done.

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THE EXECUTIVE TEAM

Jaco de Jager
CHIEF EXECUTIVE OFFICER

A milestone in transformation took place in the company’s timeline during March
2010 when Jaco de Jager bought Gestetner Mutswako. Jaco had spent a number of
years within the office automation industry and after a few years of working
elsewhere, the opportunity to re-join the office automation industry caught his
attention. In October 2009 Jaco pursued the acquisition of Gestetner Mutswako,
which has not changed its name to Motswako Office Solutions.

Sebenzile Matsebula Sebenzile Matsebula has vast work experience, which includes serving as Director in the
EXECUTIVE DIRECTOR Presidency of the Republic of South Africa; as head of the Office on the status of Disabled
Persons; to working as a development consultant at Lindandanda Consulting, as well as
being an Executive Director of the MOTSWAKO RICOH Company for Office and Document

Solutions.

For the past 26 years she has been actively involved in advancing mainstreaming disability
in South Africa, on the African Continent and Internationally; whilst being actively
involved in business development to enable economic empowerment of marginalised
and vulnerable groups in South Africa. Sebenzile currently chairs the Disability Workshop
Development Enterprise and the Disability Empowerment Concerns Holding Company.
She also serves as a board member of Action on Disability and Development, Centre for
Alternative and Augmentative Communication, Cheshire Homes South Africa, First Rand Foundation, South African
Development Trust for Disabled People and the Presidential Advisory Council on Broad Based Black Economic
Empowerment.

In 2012 Sebenzile was nominated to serve on the Committee of the United Nations Convention for Persons with
Disabilities.

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Sello Letjala
CHIEF MARKETING OFFICER
Sello entered the office automation industry in 1998 as a copier technician and
moved to Marketing after two years. He has spent the last 13 years in the Marketing
field of the office automation industry, moving from a competitor analyst to a
Marketing Manager. Sello joined Motswako Office Solutions (PTY) LTD in August
2012 as a Marketing Manager and on the 1st of March 2013 he was promoted to
Marketing Director.
Sello holds a Bachelor of Business Administration Degree from IMM. He was a ‘Boss
of the Year 2010’ Semi–Finalist. He is passionate about people-centered leadership.
Sello believes that empowering people to take ownership of their roles leads to
efficient, hardworking, and dedicated employees.

Stacey le Roux
CHIEF OPERATING OFFICER

Stacey joined the Motswako team in June 2013, heading up the consumables division.
After successfully growing the consumables team, Stacey began focusing on the
company’s operations in 2016. Motswako has always had each client’s needs at the
forefront of all our operations – with Stacey’s passion to continually improve daily
operations she began centralizing Motswako’s call centre and administration
departments by automating inter-departmental process flows. In April 2022 Stacey was
promoted to Chief Operating Officer. Stacey continues finding innovative ways to lead
Motswako into the digital era.

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REGIONAL BRANCHES

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PURPOSE OF THIS HANDBOOK

The purpose of this Handbook is to provide employees with a working guide to understand the day-to-day
administration of policies and practices.
This handbook is for the use of both new and experienced employees.
It is provided for informational purposes only. It is designed to provide employees with a general summary of
Motswako’s policies and procedures as well as employee benefits.

Employee Responsibility
It is your responsibility as an employee of the company to
read this document. If further clarification or interpretation
is necessary, please speak to your Supervisor/Manager or
contact the HR Department for assistance.
These policies and procedures and any subsequent revisions
do not constitute an employment contract and should not
be interpreted as creating an employment contract.
This employee handbook gives you clear advice and creates
a culture where issues are dealt with fairly and consistently.
We trust that this helps describe the positive, engaging
workplace that Motswako is endeavouring to provide.

This handbook also forms part of your employment contract/conditions of employment and therefore it is vitally
important that you read it thoroughly.
The Company may amend this handbook from time to time and reserves the right to make such changes as and
when required.

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CODE OF CONDUCT

INTEGRITY

Maintain intergrity, honesty, clear communication and
professionalism in the workplace

TEAMWORK

Act in good faith to maintain productive and positive
working relationships

CUSTOMER FOCUSED

Promote a customer-focused approach across the company

ETHICS

At all times advise and work in the best interest of the
Company but without compromising the ethical standards

contained in this code

TRUST

We keep our promises and are committed to doing business
the right way

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YOUR EMPLOYMENT

Compliance with law
All employees must protect our company’s legality. Employees should comply with all environmental, safety and
fair dealing laws. We expect employees to be ethical and responsible when dealing with our company’s finances,
products, partnerships and public image.
Respect in the workplace
All employees should respect their colleagues. We won’t allow any kind of discriminatory behaviour, harassment,
or victimization.
Compliance with law
All employees must protect our company’s legality. Employees should comply with all environmental, safety and
fair dealing laws. We expect employees to be ethical and responsible when dealing with our company’s finances,
products, partnerships and public image.
Professionalism
All employees must show integrity and professionalism in the workplace.
Corruption
We discourage employees from accepting gifts from clients or partners. We prohibit briberies for the benefit of any
external or internal party.
Job duties and authority
All employees should fulfil their job duties with integrity and respect toward customers, stakeholders and the
community. We expect employees to follow instructions from Management and complete their duties with skill
and in a timely manner.
Absenteeism and tardiness
Employees should follow their working hours/schedules. Management can make exceptions for occasions that
prevent employees from following standard working hours or days. We expect employees to be punctual when
coming to and leaving from work.
Conflict of interest
We expect employees to avoid any personal, financial or other interests that might hinder their capability or
willingness to perform their job duties.
Collaboration
Employees should be friendly and collaborative. They should always try not to disrupt the workplace or present
obstacles to their colleagues’ work.
Policies
All employees should read and follow the Company policies. If they have any questions, they should ask Human
Resources / Management.

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Disciplinary Action
The company may have to take disciplinary action
against employees who repeatedly or
intentionally fail to follow this Code of Conduct.
Disciplinary actions will vary depending on the
violation. The Company may take legal action in
cases of corruption, theft, embezzlement or other

unlawful behaviour.

Individual actions against the interests of the Company
This Code does not approve any actions by its employees that would cause, or might threaten to cause, any
disadvantage to Motswako in the performance of its normal business activities. The Employee must inform the
Company, obtain prior company approval and no competition without permission.
Providing Customer-oriented Services
Motswako’s basic policy in providing services to its customers, are based on a customer-driven approach:

 We solve the customer’s problem
 We seek high customer satisfaction
 We earn the customer’s trust
Job Title and Duties
Your job title is confirmed in your contract of employment.
Your flexibility in performing tasks is paramount as on occasions the Company may request that you carry out other
types of activity to ensure that operational requirements and ultimately the customer needs are met. These
activities will be within your capabilities and may not be covered in your job description.
Newly appointed employees
New employees will serve a probationary period of three (3) months which can be extended to six (6) months.
Days and Hours of Work
Normal working hours will vary from a) 07:30am to 4:00pm, b) 08:00am to 4:30pm on Mondays to Fridays or c)
otherwise stipulated in your contract of employment.
Your hours of work are specified in your contract of employment. The Company reserves the right to vary your
working hours/days if the needs of the business so require.
You are expected to be flexible with your working hours, be at your place of work on time and remain there until
your contracted hours end, with the exception of tea and lunch breaks. There will be periods of time where you
will be busier, and you may be required to work extra hours as are necessary to enable your duties to be completed.
Timekeeping
An essential part of your role is your ability to maintain an acceptable level of timekeeping. Timekeeping can mean
a variety of things, for example getting to work on time and leaving once your contracted hours have finished. It
can also mean adhering to deadlines.

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Should persistent lateness occur, the Company may follow disciplinary action as stipulated in the Disciplinary Code
and Procedure.
If you are an office-based employee, you will be required to “clock in” at the start of your working day and “clock
out” at the end of the day. Employees must refrain from tailgating and if it is found that an employee is in breach
of the clocking rules, disciplinary action will be taken.
Personal Information
It is essential that this information is kept accurate. If your personal circumstances change in any way, you must
inform HR.
This is solely YOUR responsibility to ensure that this information is as up to date and correct at all times. Changes
in personal circumstances are categorized as any change of name, address, marital status, next of kin, etc.
Conflict of Interest
If you are involved in business activities that result in financial gain, outside of your employment with the Company,
you are required to declare such interests in order to gain approval and ensure compliance. This will need to be
done in writing to Management.
Location of work
The exact scope and type of work, as well as the place where it is to be performed, is at the discretion of the
Company and may change from time to time in accordance with the Company’s operational requirements.
Termination of Employment
Termination of employment is an inevitable part of personnel activity within any business, and many of the reasons
for termination are routine.
Below are examples of some of the most common circumstances under which employment is terminated:
 Resignation – voluntary employment termination initiated by an employee
 Termination (Dismissal) – involuntary employment termination initiated by the Company such as for

disciplinary reasons
 Retrenchment – involuntary employment termination initiated by the Company due to operational

requirements.
Notice of Termination
Subject to the provisions of the Labour Relations Act, Act 66 of 1995, this agreement may be terminated on notice
of not less than:
 one (1) week, if the Employee has been continuously employed for four weeks or less.
 two (2) weeks, if the Employee has been continuously employed for more than four weeks but not more than

one year; or
 four (4) weeks, if the Employee has been continuously employed for a year or more.
Notwithstanding the above, this agreement may be terminated:
 Summarily, if the Employee is found to be guilty of misconduct in a disciplinary enquiry and such misconduct

justifies summary dismissal.
 Upon reaching the retirement age stipulated by the Company; or
 For any other reason which is permitted by law.

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NOTICE OF TERMINATION will in same cases be different for casual/fixed term employees which will be specified
in the employment contract.
Non-disclosure and confidentiality
 The Employee acknowledges that all right, title and interest in and to the Confidential Information vests in the

Company and that the Employee has no claim of any nature in and to the Confidential Information.
 The Employee undertakes to maintain the confidentiality of any Confidential Information to which the

Employee may gain or have gained access whether before or after the commencement date, and whether
intentionally disclosed or inadvertently made available or exposed to the Employee by the Company.
 The Employee may not divulge or permit to be divulged to any person any aspect of the Confidential
Information, save as may be authorised in writing by the Company or as may have been contemplated by the
Parties and is necessary for the purpose of performing the Employee’s services in terms of the Employee’s
contract of employment.
 The Employee will abide by all the rules and procedures of the Company designed to protect its Confidential
Information and shall take all such reasonable steps to prevent the Confidential Information falling into the
hands of an unauthorised third party.\
 The Employee will abide by all the rules and procedures of the Company designed to protect its Confidential
Information and shall take all such reasonable steps to prevent the Confidential Information falling into the
hands of an unauthorised third party.
 Any documents and/or material embodying Confidential Information which comes into the possession of the
Employee or that may be generated by the Employee in the performance of the Employee’s contract of
employment shall (unless the Company provides its written consent to the contrary):
 be deemed to form part of the Confidential Information of the Company and be subject to the provisions

of this undertaking.
 be deemed to be the property of the Company.
 not be copied, reproduced, published or circulated by the Employee other than for those purposes

contemplated by the Parties and only insofar as is necessary for the Employee to perform the services in
terms of the Employee’s contract of employment; and
 be surrendered to the Company on demand, and in any event on termination of the Employee’s contract
of employment.

Rules and Procedures
The Employee is required to abide by all the rules, regulations and practices of the Company which is subject to
change as and when applicable.
Company documentation
The Employee is not allowed to take or remove any confidential documents, such as employee medical
examinations or any other documents which contain any trade secret, sensitive or proprietary business
information, or private financial information from the Company.
Serious disciplinary action will be taken if this becomes evident and could lead to termination of employment.
These documents belong and are the property of the Company and are used for business purposes.
It is a business requirement that all certified required documentation be kept up to date at all times.

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HUMAN RESOURCES POLICIES

Page 15

ALCOHOL AND SUBSTANCE ABUSE POLICY

1. GENERAL
1.1 Motswako Office Solutions (Pty) Ltd (hereinafter referred to as “the Company”) recognises the problem
of drug and alcohol abuse in society.
1.2 The General Administration Regulation 10 of the Occupational Health and Safety Act No 85 of 1993
require the Company not to permit any person who is or appears to be impaired to enter or remain at a
workplace.
1.3 This policy applies to all Employees/Prospective Employees/Agents/Consultants and Contractors of
Motswako Office Solutions (Pty) Ltd.
1.4 Accordingly, this policy is aimed at dealing with the problems of alcohol or drug usage in relation to the
working environment, as well as work carried out under the influences of drugs or alcohol.

2. OBJECTIVES
2.1 The Company recognises the fact that alcohol and/or drug related behaviour may have a serious effect
on the safety, health and productivity of the Company, its employees and its clients.
2.2 The Company further recognises that alcohol and/or drug related behaviour may range from the
occasional use to complete dependence, a condition that requires specialist treatment.
2.3 The Company adopts a strict zero-tolerance approach towards the use of alcohol during working hours
and the use of illegal drugs at any time. In relation to the use of alcohol, specific areas and events may
be designated by the Managing Director, in his sole discretion, as being an exception to the rule when
company functions take place. Examples include annual/monthly/year-end staff functions,
executive/client lunches, etc.
2.4 The Company will assist employees, where warranted, by counselling and recommendations in relation
to rehabilitation.
2.5 The Company views the screening and testing of prospective employees for alcohol and drug abuse as
important, and will refuse employment to applicants who test positive or who exhibit conditions
consistent with alcohol and/or drug abuse.

3. PURPOSE
The purpose of this policy is:
3.1 To protect employees and assets from the negative and detrimental impact of alcohol and/or drug
related behaviour on safety, health and productivity.
3.2 To note that the Company encourages employees who believe that they have such a dependency to
seek help at the earliest opportunity.
3.3 To detail the testing protocols for alcohol and drugs to ensure compliance with relevant safety
legislation.
3.4 To identify unacceptable alcohol and/or drug related behaviour of employees in order to facilitate
discipline or treat as appropriate.
3.5 To ensure that there is a very clear guideline as to what the appropriate action will be for instances
where alcohol and/or drug related behaviour is evident.

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4. PROCEDURE
4.1 Disciplinary Action
4.1.1 The Company reserves the right to invoke the disciplinary process, as detailed in the Company’s
Disciplinary Procedure, against any employee suspected of being under the influence of alcohol,
drugs or solvents.
4.1.2 No employee may promote or sell a product with an alcoholic effect whilst on duty or on
Company or client premises (including vehicles).
4.1.3 No employee may be in possession of, use, promote or sell a product with a narcotic (i.e. drugs
etc.) effect whilst on duty or on Company or client premises (including vehicles). All cases will
be dealt with in terms of the Company’s Disciplinary Code and procedure where applicable, and
in cases of criminal conduct, the Company will refer the matter to the South African Police
Service.

4.2 Responsibility
It is the responsibility of Human Resources to:
4.2.1 Implement and maintain appropriate screening and testing procedures;
4.2.2 Insure that procedures are correctly followed and that whoever is associated with them are
informed and properly trained.
4.2.3 It is the responsibility of Line Managers and Supervisors / Team Leaders to recognise and act in
instances where employees display behaviour that could be ascribed to alcohol and/or drug
usage and/or dependence.
4.2.4 It is the responsibility of Heads of Departments to ensure that all employees and contractors
under their control are made aware of the contents of this policy.
4.2.5 All employees are responsible for presenting themselves for work in a sober, fit and healthy
state.
4.2.6 Employees with alcohol and/or drug related problems are required, from a health and safety
point of view, to take the necessary preventative steps and request and access assistance as
provided for by the Company.

4.3 Testing
4.3.1 The aim of testing is to detect substance abuse, in order to deny abusers entry to, or to remove
them from the company premises. This is required in order to secure the safety of people and
to safeguard equipment on company premises, as well as comply with relevant legislation.
4.3.2 Random testing will be performed on employees selected by chance, on an unannounced basis,
immediately upon notification to the employee.
4.3.3 Testing will be conducted privately and confidentially, in a manner consistent with upholding
human dignity and respect.
4.3.4 Any employee who refuses to submit to testing must be denied entry to or be removed from
the company premises, as they may constitute a safety risk to themselves and others. If the
person refusing testing is an employee, such refusal shall result in a negative inference being
drawn and the employee could be suspended until the date of a disciplinary hearing.
4.3.5 Substances tested for as an example may include and are not limited to:
4.3.5.1 Alcohol
4.3.5.2 Methamphetamines
4.3.5.3 Amphetamines
4.3.5.4 Cocaine
4.3.5.5 Benzodiazepines
4.3.5.6 THC (Marijuana)
4.3.5.7 Opiates

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Alcohol testing - The Company recognises a breath alcohol test and/or a saliva alcohol test as reliable,
non-invasive method of identifying whether an employee has consumed alcohol.

Drug testing - Testing for drugs must be conducted taking cognisance of accepted principles regarding
privacy. The Company also reserves the right to refer an employee for a wider range of drug testing
where reasonable suspicion exists that an employee’s behavior is consistent with that associated with a
specific class of drugs. The costs incurred for the wider range of testing shall be borne by the Company,
using a service provider approved by the Company.

4.4 Outcome of testing
Alcohol test:
 A positive alcohol test is unacceptable and the employee concerned will not be allowed to
remain on Company premises.
 An employee who is on a course of medication which contains alcohol or which may produce a
narcotic effect must report this to his/her supervisor at the start of the day. Reasonable proof
must be supplied, i.e. a copy of the prescription or presentation of actual medicine used.

Drug test:
 On completion of the test, a result of either positive (+) or negative (-) will be reflected. A

positive (+) result will be deemed unacceptable. Should the test reflect positive the employee
may be required to get a test done through a recognized laboratory
 Action required when one or both tests register positive - The employee will be suspended from
work and will be given notice to attend a disciplinary hearing.
 Refusal to undergo a test - Should the employee refuse to undergo a test/s the necessary
disciplinary proceedings will be instituted, and subsequent disciplinary action could result in the
dismissal of the employee.

4.5 Identification and Testing
4.5.1 The provisions of this policy with regards to identification and testing will be applied reasonably
and fairly without discrimination against any individual or employee irrespective of the position
or level of the employee in the organisation.
4.5.2 Identification - It is accepted that the early detection of an alcohol and/or drug related problem
plays a crucial role in the successful rehabilitation of persons with such problems. As there are
many factors that may affect a person’s physiological/psychological state, it is accepted that an
objective test will assist in determining the cause of behaviour witnessed.
4.5.3 Testing - Medical tests conducted on employees are primarily regulated by the Employment
Equity Act and by the right to privacy in terms of the Constitution. Bearing these rights in mind,
the Company retains the right to determine whether an employee is under the influence of
alcohol or a psychoactive substance, as the Company has to safeguard, as far as is reasonably
practicable, the Health, Safety and Welfare of all employees, as well as adhere to relevant
legislation.
4.5.4 Procedure for non-employees - Contractors will be subject to the same rules from an access,
possession and testing point of view as for employees. The Company will report such instances
to the relevant official in charge of such contractors. The Company will not be liable for
rehabilitation counselling under these circumstances.

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5. APPLICATION OF THE DISCIPLINARY CODE AND PROCEDURE
5.1 It is accepted that alcohol and/or drug abuse and /or dependency affects the productivity, attendance,
health and safety of employees, and may also be a criminal offence.
5.2 It is acknowledged that treatment of such a condition MAY BE an ongoing process;
5.3 It is expected that any employee has the duty and obligation to be sober and fit whilst on duty. This will
apply to all other employees in the employ of the Company and is not only limited to employees working
with machines/equipment;
5.4 It is accepted that once this policy is in place, all employees with current alcohol and or drug
dependencies must report their condition to Human Resources.
5.5 In view of the above, the Company’s position regarding disciplinary action in alcohol and/or drug related
cases is as follows:
5.5.1 Employees who test positive on the initial screen test during the random testing process, or who
volunteered for testing for either alcohol or illegal drugs will be dealt with in terms of this policy.
5.5.2 Any employee who has been offered the opportunity of counselling and who has either refused
that opportunity or failed to overcome the addiction to alcohol and/or drugs will be disciplined
for alcohol and/or drug related misconduct without the Company being obliged to engage in
further counselling.
5.5.3 Any employee entering the workplace and then found to be under the influence, will be
disciplined as appropriate. Working under the influence of drugs or alcohol is a serious offence
and can lead to dismissal.

6. CONFIDENTIALITY
6.1 It is recognised that some of the issues associated with alcohol and/or drug related problems may be of
a highly sensitive nature and all such cases will be dealt with in strict confidence.
6.2 No employee shall be victimised or prejudiced in any way as a result of having an alcohol and/or drug
related problem diagnosed and treated.

7. TREATMENT
7.1 Following counselling the employee may be required to obtain treatment – this is available via the
employee’s medical aid scheme.
7.2 The Employee will be required to use sick leave for this treatment. If sick leave is exhausted, it will be
treated as annual leave and if all these days are exhausted the rest of the period will be treated as unpaid
leave.
7.3 After the completion of rehabilitation and return to duty, the Company shall be entitled to, at its sole
discretion and expense, perform confirmatory and/or follow-up testing.
7.4 If an employee has completed the first rehabilitation and is tested positive again at any time instant
dismissal will be applicable.

-- END --

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BOOTSTOCK POLICY

1. STORAGE OF BOOTSTOCK
1.1 All company stock issued to an Employee must always be looked
after in an appropriate manner.
1.2 Stock must be kept in the boot of the Employee’s vehicle and
not on the back seat or any area in the vehicle where it is in plain
eyesight.
1.3 The vehicle is always locked when attending to client calls during
working hours.
1.4 The vehicle is kept in a safe place overnight.
1.5 For any Onsite Engineer, the stock must be stored in a cupboard
at your place of work but must be a safe and secure
environment.

2. STOCK MANAGEMENT
2.1 Stock issued must be checked and signed for by the relevant Employee.
2.2 Management must be informed immediately of any discrepancies between the delivery note and the
actual physical stock supplied.
2.3 Boot stock issued is meant to be available at all times, for the Employee to repair the equipment as soon
as possible with the minimum of downtown for the customer.
2.4 Stock which is not being used on a regular basis must be returned to the main store via the correct
channels, i.e., Management should be informed of the Employee’s intention to return the
excess/obsolete stock beforehand.
2.5 Stock can only be given to another Employee by completing the correct paperwork as proof that the
stock is signed for and accepted.
2.6 Faulty/Incorrect parts must be returned immediately to the Warehouse before replacements will be
issued.
2.7 Should an Employee not be able to account for stock which was issued to him due to an unexplainable
reason, the Employee may face disciplinary action and will be liable to pay for the lost part(s).

3. TECH CONNECT
3.1 All ordering/requesting of stock must be done via the system.
3.2 All fitted parts/toner must be recorded against the correct and allocated serial number linked to the
specific part(s) and must be done via the system.

4. UNACCOUNTED STOCK
The value of any missing/unaccounted stock which exceeds more than two percent (2%) of the total value of
stock issued to the Employee will be deducted from the Employee’s salary.

5. THEFT
In the case of theft, the Employee must report it to the police station and present an affidavit within 48 hours
to his Immediate Manager.
-- END --

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CELL PHONE ALLOWANCE POLICY

1. OBJECTIVE
1.1 To determine the categories of employees who require a cell phone allowance as a tool of trade.
1.2 To establish procedures and conditions under which employees can use their private cell phones and
receive an allowance.

2. TERMS AND CONDITIONS
2.1 Employees who are entitled to a cell phone allowance will be expected to provide their own handset by
means of a contract with a Cellular Service Provider. The Company will not be responsible to provide any
handset or additions to a handset to any employee covered in this policy.
2.2 Employees are encouraged to structure their contract with the service provider in a manner which best
suits the individual’s needs and personal circumstances.
2.3 Recipients of a cell phone allowance must continue to maintain the cell phone contract or airtime/pay-
as-you-go contract while in receipt of the allowance.
2.4 Employees should ensure that the mobile phone is always available i.e., that enough airtime is available
for making and receiving business calls and that there is enough data available to be connected to the
relevant Company software applications, failing which the allowance will be forfeited.
2.5 All Technical staff must use an Android based phone for Motswako technical app to be compatible with.
2.6 If an employee ceases to carry out duties that require a cell phone allowance, such allowance will be
cancelled.

3. ALLOCATION OF CELL PHONE ALLOWANCES
3.1 Managers/Supervisors
3.2 Sales staff
3.3 Technical staff

4. ALLOWANCE PAYMENT
The cell phone allowance forms part of the Employee’s gross salary and is subject to PAYE.

5. CELL PHONE USAGE WHILE DRIVING
The Company is aware that in utmost circumstances, that employees use their cell phones for business
purposes while driving but the Company prohibits employees from using their cell phones while driving, unless
the vehicle is fitted with a blue tooth device.

-- END --

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COMPANY VEHICLE POLICY

1. GENERAL
1.1 This policy outlines the Company’s Vehicle Policy and applies to all Employees (hereinafter referred as
the “Driver”) who uses or is allocated a vehicle of the Company.
1.2 The Company vehicles are valuable assets which are expensive to maintain and replace.
1.3 Only experienced and AUTHORIZED employees with a valid driver’s licence may drive the company
vehicle.
1.4 No civilian passengers are allowed to drive or be transported in any company vehicle unless authorized
by Management. Only employed staff of the Company may occupy company vehicles.

2. VEHICLE MAINTENANCE
2.1 The Company is responsible for licensing, insuring, maintaining and repairing the vehicle.
2.2 The Company will not cover any loss or damages incurred as a result of negligence on the part of the
driver.
2.3 The driver of the company vehicle is required to observe the following:
2.3.1 When the vehicle is in transit it must be secured and locked and when not occupied it must be
fully locked, alarmed and secured with all the windows closed. At night, the vehicle must be
locked up in a secure area.
2.3.2 It is the responsibility of the driver to keep the vehicle clean, inside and outside at all times.
(Company vehicles are subject to inspection by management at any time).
2.3.3 It must not at any time be overloaded.
2.3.4 It is the responsibility of the driver to ensure that the radiator and engine oil are at the correct
levels, all lights are operating, tyres are set to the correct pressure, wheel balance and alignment
are correct, and hand and foot brakes are working etc.

3. ACCIDENT RULES
Any driver involved in an accident should comply with the following rules:
3.1 Obtain the full name, surname and address of other drivers/persons involved in the accident.
3.2 Obtain information on persons injured.
3.3 Obtain the make and registration numbers of all other vehicles involved.
3.4 Obtain the names of the insurers and certificates or policy numbers, if possible.
3.5 Give details of any damage caused to vehicle/s or property.
3.6 Report the accident to management and the police within 24 hours as required by Law. A case number
must be obtained within 24 hours.
3.7 The driver is responsible to the necessary photos of the accident and the other parties’ details i.e.
Vehicles involved, Insurance details, ID number, Address and contact information.
3.8 Obtain the initial accident report number.
3.9 Supply management with a written statement and description on how the accident occurred and the
events which led to the collision etc.
3.10 Never admit liability in any way or make any offer or promise of payment (advice from Insurers – this
prejudices settlement.)
3.11 Any driver found to be the guilty party in a traffic accident will be responsible for paying the excess on
the insurance premium and/or any repairs to the damaged vehicle that are not covered by the
insurance.
3.12 Any damage to a company vehicle that is not reported either as an accident or an incident will be paid
for, in full, by the driver of the vehicle.

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3.13 The driver of a company vehicle will be responsible for paying any traffic, parking and speeding offence
dockets.

3.14 The full amount will be deducted off the employee’s monthly salary of that month.
3.15 In the event of an accident or incident of which the driver is at fault, the driver will be required to pay

all, or part of the costs as determined by Management.
NB. The driver will be responsible for the payment of the excess in all cases and when the insurance recovers
the excess the employee will be refunded.
4. DRIVER RESPONSIBILITIES
Each driver is responsible for the actual possession, care and use of the company vehicle in their
possession. Therefore, a driver’s responsibilities include, but are not limited to the following:
4.1 Operation of the vehicle in a manner consistent with reasonable practices that avoid abuse, theft,

neglect, or disrespect of the equipment.
4.2 Obey all traffic laws.
4.3 The use of seat belts is mandatory for driver and passengers.
4.4 Smoking is strictly forbidden in any company vehicle; therefore, any driver found disobeying this rule

will be suspended from work and will be required to attend a disciplinary hearing which could lead to
dismissal.
4.5 The company vehicle is not to be driven while under the influence of alcohol or any controlled
substance.
4.6 The driver must ensure that his driving license is up to date and the company will take no responsibility
if any legal action or penalties are served against the driver due to his own negligence for his expired
license card.
4.7 The driver must notify the manager when the vehicle should be re-serviced to avoid any damage and
unnecessary expenses should the vehicle break.
4.8 The driver must inform the manager if the tyres on the vehicle need to be replaced.
4.9 Any repair/service/replacement of tyres etc., must have at least two (2) quotations before management
may sign it off.
5. FUEL
5.1 The driver will be required to fill up the vehicle with fuel as instructed by management and return the
original petrol slip to management.
5.2 Log sheets must be completed.
5.3 No fuel is to be decanted into another vehicle or siphoned from the company vehicle. Should this
become evident to management, serious disciplinary action will be taken.
6. CELLULAR/MOBILE PHONES
6.1 Cellular/mobile phones should not be used while operating a vehicle. Using a cell phone while driving
leads to an increased risk of having an accident through a lack of attention to driving.
6.2 The following protocols needs to be followed:
6.2.1 Allow voice mail to handle your calls and return them at your safe convenience.
6.2.2 If you need to place or receive a call, pull off the road to a safe location.
6.2.3 Ask a passenger to make or take the call.
6.2.4 Inform regular callers your driving schedule, and when you will be available to talk.
6.2.5 Keep your hands on the wheel and your eyes and mind on the road while driving.

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7. LOG SHEETS
All Employees who are employed as “Company Drivers” will be responsible to complete daily log sheets and
this will form part of their terms and conditions of employment.

8. TRAFFIC INFRINGEMENTS
8.1 Speeding fines and or any other traffic infringement(s) issued to any Company vehicle during the time
that the driver is in possession of such vehicle is for his own account and will be deducted in full from
the driver’s salary.
8.2 The Company will have a zero tolerance against ongoing traffic fines and disciplinary action will be
taken.

-- END --

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EXPENSE CLAIM POLICY

1. OBJECTIVE
This policy clarifies the means by which business expenses should be arranged for employees, and the
parameters to be adhered to. It is Motswako’s policy to reimburse employees and or external stakeholders
for ordinary, necessary and reasonable expenses when directly connected with or pertaining to the transaction
of the business.
Controlling expenses is the responsibility of each employee. It is expected that good judgement will be
exercised when authorising the use of company funds. Our aim as a group should be to increase revenue,
increase productivity and reduce expenses throughout all departments.

2. AUTHORIZATION
2.1 The Expense Request Form needs to be completed by the Employee and must be preauthorized by
Manco before the Employee may proceed.
2.2 Manco has the right to allow payments to occur from time to time without the Expense Request form
as and when necessary or in special circumstances beyond the Employee’s control.

3. REIMBURSEMENT
3.1 Once the Expense Request Form has been authorized, an Expense Claim form needs to be submitted
for payment.
3.2 The Company will reimburse employees for all reasonable and necessary business expenses that are in
compliance with the guidelines of this policy.
3.3 The Company assumes no obligation to reimburse employees for expenses that are not in compliance
with this policy.
3.4 Employees who do not comply with this policy may be subject to delay or withholding of reimbursement.

4. POLICY REVIEW
This policy will be reviewed annually or at the end of the Financial Year or as required by circumstances.

5. TYPES OF EXPENSES
5.1 Travel reimbursements
5.2 Accommodation expenses
5.3 Customer Entertainment
5.4 Training expenses

6. TRAVEL REIMBURSEMENTS
It is the responsibility of the manager/superior to be
familiar with the reason for the expenditures and to be
satisfied that they have been reported in a manner
consistent with the recognised policy. The following
guidelines is to be adhered to by all travellers traveling for
Motswako business:

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6.1 The Expense Request Form must be submitted to Manco for approval and must accompany the
Agenda/Itinerary and/or motivation for the trip.

6.2 Individuals traveling for business are required to complete an Expense Claim Form, for reimbursed
against reimbursable travel expenses.

6.3 Receipts are required for all claimed expenses emanating from business travel.
6.4 If a required receipt is missing, an explanation must be recorded in the comments field on the Expense

Claim Form, and it is at the discretion of the Approver as to the acceptance of the explanation and
ultimately the approval or disapproval of the expense.
6.5 All costs incurred in lieu of the above must be proven by Bank Transaction Slips.
6.6 All receipts submitted for travel expense claims must be clearly dated and reasonably visible listing items
claimed for.

7. ACCOMMODATION EXPENSES
7.1 The Expense Request Form must be submitted to Manco for approval.
7.2 Once the request is approved by Manco, the Executive Assistant will continue with the accommodation
arrangements and the Employee will be informed accordingly.
7.3 The Executive Assistant will make the booking with the company’s preferred service providers.
7.4 Domestic Accommodation will be kept at 3 star rated establishments provided the room cost per person
per night does not exceed R1 700.00 inclusive of dinner, 2 x soft drinks & breakfast.
7.5 Prior approval and a motivation (Detailed Travel Itinerary) must be submitted and signed by immediate
superior for any room rate exceeding the inclusive cost of R1 700.00 p/p per overnight stay.
7.6 Only accommodation arrangements requisitioned and booked through company provisions will be paid
for by Motswako.
7.7 Travellers wishing to arrange their own accommodation with relatives etc. will not be compensated for
such under any conditions.
7.8 There will be no Daily Allowance for any Local or Domestic Travel.
7.9 Travellers may use room service however, any ‘service charges’ normally applicable to such is for the
traveller’s own expense.
7.10 Motswako will not cover any ‘gratuity costs’/’tips’ more than 10%.
7.11 No reimbursements will be made for Alcoholic beverages.
7.12 Motswako will not be liable for any damages caused by negligence/deliberate misconduct, or any losses
caused by travellers travelling on behalf of the company.

8. CUSTOMER ENTERTAINMENT
8.1 Business Entertainment can play an important role in strengthening working relationships among
business partners. Accordingly, Motswako employees may accept or provide business entertainment
offered for legitimate business purposes, such as building goodwill and enhancing relationships with
customers or suppliers, provided that the entertainment complies with this policy. Specifically,
accepting or providing entertainment is permitted only if such entertainment:
 Is infrequent.
 Is reasonably related to a legitimate business purpose (e.g. is accompanying a customer or supplier
to a sporting event or attending a business meal).
 Is not given as a bribe, payoff or kickback (e.g. to obtain or retain business).
 Does not create the appearance that the gift giver is entitled to special treatment, an award of
business, better prices, or improved terms of sale.
 Is in good taste and occurs at a business appropriate venue.

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 Is reasonable and appropriate in the context of the business occasion; and
 Would not influence or appear to influence the employee’s ability to act in the best interest of

Motswako.

8.2 For an entertainment expenditure to be considered, the following must be noted:

8.2.1 Onsite Company premises: A budget will be granted based on the size of the group.
8.2.2 Offsite: Only 50% of the entertainment bill will be reimbursed to the Employee and the other
8.2.3 50% must be built into the cost of sale of the deal.
No reimbursements will be made for Alcoholic beverages.

8.3 The Expense Request Form must be submitted to Manco for approval before the entertainment takes
place.

9. TRAINING EXPENSES
9.1 An Employee may be required by the Company to conduct Branch training or and/Onsite
Customer/Supplier training which may involve out-of-pocket expenses.
9.2 No reimbursements will be made for Alcoholic beverages.
9.3 The Expense Request Form must be submitted to Manco for approval before the training takes place.

-- END --

Page 27

FLEXI WORKING HOURS POLICY

1. OBJECTIVE
1.1 To regulate and outline the guidelines of flexible working hours offered to Motswako’s employees.
1.2 Working hours are agreed and controlled at the discretion of management with due recognition to
statutory regulations, operational requirements and provisions of the policy guidelines.

2. WORKING HOURS REGULATED BY THE BCEA
The Basic Conditions of Employment Act prescribes that an employer may not require or permit an employee
to work more than 45 hours in any week.

3. WHAT ARE FLEXIBLE HOURS
Flexible working time when employees choose to shift their
everyday schedule by starting the day later or leaving earlier.
The total of working hours doesn’t change. “Core hours” may
be established during which an employee is obliged to be
present at the workplace.

4. POLICY DETAILS
4.1 All Motswako employees are required to work 40 hours
per week with half an hour for lunch.
4.2 Employees are required to follow a set of flexible hours as their normal schedule and must inform their
manager should they work outside of the flexible hours.
4.3 Flexible hours will vary depending on the job requirements, the nature of the job and who the employee
supports on a daily basis.
4.4 Employees are expected to faithfully observe the working hours as stipulated above, or such other hours
as might be negotiated.
4.5 Employees shall not during such hours be absent from the office or place of work without the consent
of your immediate manager.
4.6 The company is committed to providing a range of appropriate working patterns. However, employees
and management need to be realistic and to recognise that not all flexible working options will be
appropriate for all roles.
4.7 Where a flexible working arrangement is proposed, the organisation will need to take into account a
number of criteria including (but not limited to) the following:
 the effect of the proposed arrangement on other staff
 the need for, and effect on, supervision
 the existing structure of the department
 the availability of staff resources
 details of the tasks specific to the role
 the workload of the role
 whether it is a request for a reasonable adjustment related to a disability

The Company may from time to time, at its sole discretion, vary the Employee’s working hours depending on
the circumstances and requirements of the work that they are involved in at any given point in time.

-- END --

Page 28

FUEL CARD POLICY

1. OBJECTIVE
To provide clear guidelines on the process that must be followed to manage, maintain, and control the use of fuel
and maintenance cards.

2. GENERAL
2.1 As per the employment agreement, eligible employees may be
allocated a fuel card.
2.2 Cards must be treated as valuable items and should not be left in
the motor vehicle when it is unattended.
2.3 Lost, stolen or faulty cards must be reported immediately to the
Fleet Administrator.
2.4 Cardholders should note that if a card is lost or stolen (as a result
of negligence), they will be held responsible for any transactions
carried out on the card and will have to reimburse the company
accordingly.
2.5 Should the lost or stolen card be recovered, the card may not be
used after being reported.
2.6 Cards are linked to a specific vehicle registration number (identified on the card) and must therefore not
be used or removed for any other vehicle or object. Note that using the card for another vehicle or
object unidentified on the card will be regarded as a fraudulent transaction.
2.7 Cardholders must refrain from topping up fuel unnecessarily as there is a charge for each transaction.
Employees are requested to rather fill up their vehicles as opposed to filling fuel for small amounts at a
time i.e. fuel to the value of R100.00 etc
2.8 Should the cardholder be transferred to another department and/or position which does not entitle
them to a fuel card or fuel and maintenance card, the card is to be returned immediately upon transfer.
2.9 Line managers should in all cases ensure that the monthly expenses are in line with the employee’s
deliverables or travel.
2.10 In the case of new employees awaiting their fuel cards, reimbursements for fuel filled until cards are
obtained must be arranged via Human Resources and is also taxable.
2.11 All reimbursements or other fuel claims will not be backdated for refund. All recons must be completed
within the same month with a detailed logbook attached.
2.12 Deviation from the policy in terms of misuse of the card will be treated in a serious light and could result
in disciplinary action and/or withdrawal of the card.

3. TERMS AND CONDITIONS
3.1 The company will pay for fuel and oil (subject to any maximum limits that may apply).
3.2 All transactions exceeding the fuel limit amount will be deducted from the cardholder’s salary, unless
such excess can be justified as business travel and approved by the relevant manager. Managers may
only approve over expenditure above the limit when a logbook is attached to the claim and includes
date of travel, distance and customer name.
3.3 Managers will be held responsible for approving excess fuel usage or deviations of the policy without
valid business justifications.
3.4 Cardholders are required to retain the latest 2 months fuel slips. Any fuel slips within the 2-month period
unaccounted for will be for the employee’s account.
3.5 The Fleet Administrator will provide fuel reports as requested by the employee for tax purposes.
3.6 Private usage will be deducted from the Employee’s salary.

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Private usage includes the following:
 If a vehicle is filled on a Friday and again on the following Monday, this will be deemed to be private

usage and will be for the employee’s account.
 When an employee is on leave, all fuel/toll incurred, from the first day until the last day of leave,

will be for the employee’s expense.
3.7 Fuel cards may only be used for:

 Fuel
 Oil purchases
 Tollgate fees (All Toll fees after hours, over weekends, public holidays and whilst on leave will be

deemed as private usage)
3.8 No other items, such as maintenance, car washes etc may be paid for with the fuel card.
4. TERMINATION OF EMPLOYMENT
4.1 On termination of employment, the petrol card is to be returned to the Departmental Manager or

Human Resources.
4.2 The Employee’s final salary/leave pay may be held back until such time the payroll department has

received the employee’s last fuel usage.
5. TRANSGRESESION OF THE POLICY

Transgression of this policy constitutes a disciplinary offence.

-- END --

Page 30

HIV & AIDS POLICY

1. INTRODUCTION
1.1 Acquired Immune Deficiency Syndrome (AIDS) is a condition that
follows an infection with a virus known as Human Immune Deficiency
Virus (HIV), which causes a breakdown of the body's natural defence mechanisms leaving the carrier
increasingly vulnerable to opportunistic infections and malignant tumours, caused by our body being
unable to fight infections.
1.2 HIV is transmitted mostly in four ways:
 Through unprotected sexual intercourse
 From an infected mother to child during pregnancy, birth, or breast-feeding
 Through contaminated (infected) blood products
 Through sharing contaminated instruments such as sex toys or needles/ injections.
1.3 Not all individuals who become infected with the HIV virus will develop AIDS, and some may experience no
symptoms at all although they have the potential to infect others. HIV can live in our bodies without obvious
effect. Most people with HIV feel healthy and are capable of living productive, healthy lives for many years.
HIV does not usually cause immediate incapacity in a person.
1.4 The HIV/Aids epidemic affects every workplace, with prolonged staff illness, absenteeism, and death
impacting on productivity, employee benefits, occupational health and safety, production costs and
workplace morale.
1.5 HIV knows no social, gender or racial boundaries, but it is accepted that socio- economic circumstances do
influence disease patterns. HIV thrives in an environment of poverty, rapid urbanization, violence and
destabilization. Transmission is exacerbated by disparities in resources and patterns of migration from rural
to urban areas. Women particularly are vulnerable to infection in cultures and economic circumstances
where they have little control over their lives.
1.6 HIV/ AIDS is still a disease surrounded by ignorance, prejudice, discrimination and stigma. In the workplace
unfair discrimination against people “living” with HIV and AIDS has been perpetuated through widespread
practices such as pre-employment HIV testing, dismissals for being HIV positive and the denial of employee
benefits.

2. OBJECTIVE
2.1 One of the most effective ways of reducing and managing the impact of HIV/ AIDS in the workplace is
through the implementation of a HIV/Aids policy and programme. In the light of this, this policy has been
developed as a guide to The Company management and employees.
2.2 This policy also forms part of the rules of the company and of the broader policy of the company to promote
equal opportunity for all its employees.

3. APPLICATION OF THIS POLICY
This policy applies to all employees of Motswako Office Solutions.

4. PROMOTING A NON-DISCRIMINATORY WORK ENVIRONMENT
4.1 HIV/AIDS is a disease that shows no racial, gender or class boundaries. Motswako Office Solutions believes
that a person with HIV or AIDS must be treated on a similar basis to any other employee suffering from a
life-threatening disease. As such, employees who are HIV positive or those with AIDS will not be subjected
to any form of victimisation or discrimination.

Page 31

4.2 Motswako Office Solutions is committed to fair, sound and non-discriminatory employment practices.
Employees who develop, choose to disclose, or are diagnosed as HIV/AIDS positive will not be prejudiced,
victimised or discriminated against on account of their medical condition or status. This means that no
person with HIV or AIDS shall be treated unfairly within the employment relationship or within any of the
Company employment policies or practices, including with and in regard to:
 Recruitment procedures, advertising and selection criteria.
 Appointment and the appointment process.
 Job classification or grading.
 Remuneration, employment benefits and terms and conditions of employment.
 Job assignments.
 The working environment and facilities.
 Training and development.
 Performance evaluation systems.
 Promotion, transfer and demotion.
 Disciplinary measures short of dismissal.
 Termination of services.

4.3 No person employed by the Company may unfairly discriminate against an employee, or an applicant for
employment, on the basis of his or her HIV status.

4.4 The company will adopt appropriate measures to ensure that employees with HIV and AIDS are not unfairly
discriminated against and are protected from victimization through positive measures such as:
 Grievance procedures to deal with HIV-related complaints in the workplace; and
 Disciplinary action will be taken against employees that victimise employees living with HIV / AIDS.

4.5 Motswako Office Solutions is committed to assisting employees wherever possible and necessary. Thus,
employees who are aware that they have a life-threatening disease are encouraged to inform the
company as soon as possible to enable the company to assist. This information will be treated with the
highest level of confidentiality. No employee will be victimised or discriminated against.

5. HIV TESTING
5.1 No person employed by Motswako Office Solutions may require an employee, or an applicant for
employment, to undertake an HIV test in order to ascertain that employee’s HIV status, unless authorization
has been obtained from the Labour court. This includes HIV testing:
 During an application for employment.
 As a condition of employment.
 During procedures related to termination of employment.
 As an eligibility requirement for training or staff development programmes.
 As an access requirement to obtain employee benefits.
5.2 Where HIV testing has been authorized by the Labour Court it should be carried out in terms of the
conditions prescribed by the Court with regards to:
 The provision of counselling.
 The maintenance of confidentiality.
 The period during which the authorization for HIV testing applies.
 The category or categories of jobs or employees in respect of which the authorisation for HIV testing
applies.
5.3 Anonymous and voluntary testing of employees may be conducted without consent of the Labour Court,
provided that the results are to be kept confidential and the tests are truly voluntary.

Page 32

6. CONFIDENTIALITY AND DISCLOSURE
6.1 The company recognises the fact that all persons with HIV or AIDS have the legal right to privacy. An
employee is therefore not legally required to disclose his or her HIV status to the Company or to other
employees of the company.
6.2 In dealing with employees who are HIV positive or have AIDS, the company regards confidentiality as of the
utmost importance.
6.3 Where an employee chooses to voluntarily disclose his or her HIV status to the Company or to other
employees, this information may not be disclosed to others without the employee’s express written
consent. Where written consent is not possible, steps must be taken to confirm that the employee wishes
to disclose his or her status.
6.4 All medical information regarding employees with HIV/AIDS will be kept strictly confidential, except where
required by law to be disclosed to specified people or/ with the consent of the employee.
6.5 Should any person within the company disclose such confidential medical information, without legal
authority or relevant consent from the employee, appropriate disciplinary action will be instituted.

7. PROMOTING A SAFE WORKING ENVIRONMENT
7.1 The Company is obliged to provide and maintain, as far as reasonably practicable, a working environment
that is safe and without risk to the health of its employees.
7.2 The risk of HIV transmission within most workplaces is minimal. However, occupational accidents involving
bodily fluids may occur. These risks can be avoided by taking precautions. To this end the Company will
ensure that:
 Suitably qualified individuals will be available to deal with any occupational accidents, where possible;
and
 Appropriate equipment and materials are available to protect employees from the risk of exposure to
HIV and to treat employees injured at work.
7.3 Employees are encouraged to exercise care in the workplace at all times and in particular when treating any
employees who have suffered an injury at work i.e. always make use of surgical gloves.

8. COLLEAGUES OF EMPLOYEES IDENTIFIED OR SUSPECTED OF BEING HIV POSITIVE
8.1 It is not possible for colleagues of an HIV positive employee to become infected through normal contact in
the workplace.
8.2 Unless an HIV positive employee is acting in an inappropriate manner, it is not acceptable for colleagues to
refuse to work with that person.
8.3 Should an employee, after reassurance and with all appropriate safety and health precautions being taken
and supplied by the company, remain unwilling to work with the HIV positive employee and this refusal
affects productivity, he/she will be warned that his/her reaction is unreasonable, medically unjustified and
that disciplinary action may be taken against him/her.
8.4 Any colleague of an HIV positive employee who embarks on any form of discrimination towards that
particular employee may be subjected to the company's disciplinary procedure.

9. DISMISSAL
9.1 Motswako Office Solutions recognises that being HIV positive or having AIDS is not a sufficient reason to
dismiss a person. Employees with HIV/AIDS may not be dismissed solely on the basis of their HIV status.
9.2 An employee with HIV/AIDS is expected to meet the same performance requirements that apply to other
employees with reasonable accommodation where necessary i.e. HIV positive employees will be governed
by the same contractual obligations as all other employees.
9.3 Where an infected employee becomes incapable of working or incapable of carrying out his/her normal
duties, such employee will be dealt with in accordance with the requirements of fair labour practices.

Page 33

9.4 Motswako Office Solutions will follow accepted guidelines regarding dismissal for incapacity before
terminating an employee’s services. These include attempts to adapt the employee’s duties, to
accommodate the employee’s disability and to find alternative employment for the employee. As far as
possible, the employee’s rights to confidentiality regarding his or her HIV status will be maintained during
any incapacity proceedings.

9.5 The company will endeavour to accommodate an infected employee so that he/she is able to work for as
long as he/she is medically able to, within the parameters of the operational requirements of the business
and what is reasonable in the circumstances.
-- END --

Page 34

INDUSTRIAL RELATIONS POLICY & PROCEDURE

DISCIPLINARY POLICY AND PROCEDURE

1. POLICY OBJECTIVES
 To help maintain harmonious and equitable working relations in the best interest of the Company and
its employees.
 To correct unsatisfactory behaviour and/or performance.
 To ensure fair consideration of the points of view of both the Employee concerned and Management.
 To avoid hasty or ill-considered judgements and/or action by Management or the Employee concerned.
 To ensure the fair, consistent, and generally acceptable application of discipline to employees at all
levels covered by this code and procedure.
 To ensure each case is treated on its own merits with due consideration to Company practices and
precedents.
 To define and identify unacceptable behaviour and or performance in terms of the Company's accepted
standards of conduct.
 To provide guidance to Management on the appropriate disciplinary action that should be taken in cases
of unacceptable behaviour and/or performance by an Employee.

2. INTRODUCTION
 It is Management's responsibility to establish fair and equitable standards of conduct and performance
consistent with the specific requirements of the industry and the business requirements of the
Company; and employees have the right to expect fair, just and consistent treatment.
 While it remains the prerogative of Management to ensure the proper administration of discipline, it is
at all times the responsibility of all employees to maintain discipline.
 The Company requires that all employees observe the code of conduct which are set out in the
Disciplinary Policy and Procedure.
 The provisions of:
o the Disciplinary Policy and Procedure outlined herein are to be used by Management whenever the
conduct or capacity in respect of work performance of any employee is deemed by Management
to be undesirable/ unacceptable.
o the Code of Good Practice contained in Schedule 8 of the Labour Relations Act, act 66 of 1995,
hereinafter referred to as the LRA) shall apply in respect of dismissals for the capacity of an
employee arising from ill health or injury.

Page 35

 This disciplinary policy and procedure shall apply to all Permanent Employees (including Management),
temporary employees, fixed term employees and independent contractors, directly contracted by the
Company.

 Where an employee wishes to lodge a complaint against the performance or conduct of a member of
other employees, he shall lodge a grievance against such employee (Including management) in
accordance with the grievance procedure. Provided the grievance is not frivolous or vexatious in nature,
that is, that it is serious and substantial, disciplinary action may be initiated by the Company against such
employee.

 The disciplinary procedures set out hereunder shall at all times be subject to the requirements of the
LRA including the Code of Good Practice, any other applicable legislation and the particular
requirements of the Industry and the Company.

3. UNDERLYING PRINCIPLES
This code is based on the following principles, which must be observed under all circumstances:
 The application of discipline is the right and responsibility of line management.
 No disciplinary action shall be considered against an employee unless he is afforded an opportunity to
explain the alleged misconduct. Before taking any disciplinary action the employee’s explanation (and
evidence) must be taken into consideration. However, in instances where an alleged misconduct is
sufficiently serious, a disciplinary enquiry as provided for in this procedure must be held.
 As disciplinary action should not be taken lightly, the responsibility for implementing action is reserved
for company representatives of the appropriate responsibility and seniority. The authority to initiate
disciplinary action is vested in management, supervisors and team leaders.
 Disciplinary steps are instituted in order to obtain the co-operation and involvement of all employees
within the workplace, and to protect the interests of both the employee and the company in the process
of dealing with unacceptable behaviour.
 In the enforcement of discipline, the emphasis must be corrective and progressive, focusing on guidance
and rehabilitation rather than on the imposition of punishment. However, where necessary, punishment
must be used as a legitimate deterrent in the maintenance of discipline.
 In cases where, prima facie, it appears as if the appropriate penalty may be a Final Written Warning or
Dismissal, a disciplinary enquiry must be convened.
 For all disciplinary enquiries an independent Chairperson will be appointed by a company representative
that preside over the matter and make recommendations on the necessary sanction.
 The application of discipline must at all times be lawful, just, fair and consistent.

4. GENERAL GUIDELINES
 The Industrial Relations Policy and Procedures forms part of the terms and conditions of employment.
 The Company is entitled to suspend an employee on full pay pending an investigation and/or disciplinary
enquiry into any alleged breach of the disciplinary code. The employee’s suspension period will be
determined by the outcome of the investigation and/or disciplinary enquiry.
 Management should at all times involve the Human Resources Department in an advisory capacity
during investigations and other activities in terms of this procedure.
 If the employee and/or employee representative wilfully or unjustifiably fails to attend the disciplinary
enquiry after he has been notified in terms of this procedure, then the disciplinary enquiry will proceed
in the said employee’s and/or the said representative’s absence.

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Parties’ rights in disciplinary/incapacity enquiries

Employee rights:
Every employee has the following rights:
 To be given at least 48 hours’ notice of a disciplinary/incapacity enquiry to allow the employee to

prepare for the enquiry.
 To be advised of the alleged charge(s).
 To be allowed a formal enquiry to state his case.
 To be represented at a formal enquiry by a fellow employee (No legal or external representation will be

allowed during the internal disciplinary enquiry/incapacity/ discussions).
 To submit evidence, call witnesses to testify on his behalf, cross-examine any person giving evidence

and to ask questions of any evidence produced.
 To an interpreter, who is an employee of the company; if the employee does not understand English.
 To be given an official outcome on conclusion of all procedures.

Company rights
The Company has the following rights:
 To take the appropriate action where management considers that an employee’s behaviour or

performance is unacceptable or unsatisfactory.
 To furnish evidence, call witnesses to testify on its behalf, cross-examine any person giving evidence and

to ask questions of any evidence produced; and
 To decide when an employee’s behaviour or performance is unacceptable or unsatisfactory.

5. DISCIPLINARY SANCTIONS
5.1 Verbal Warning valid for 3 months
A verbal warning is applied for a very minor offense,

5.2 Written Warning valid for 6 months / Final Written Warning valid for 12 months
 A Written Warning or Final Written Warning is usually applied for serious offenses,
 May be given when attempts to correct behavior have failed or where the breach is of such a serious
nature that counselling, or a verbal warning would not be adequate.

5.3 Comprehensive Final Written Warning valid for 12 months
If an employee has received a Final Written Warning and transgresses again in respect of an unrelated
offence whilst the Final Written Warning is valid, the employee may be issued with a Comprehensive
Final Written Warning, thereafter, if the employee transgresses again in respect of any offence
whatsoever, whilst the Comprehensive Final Written Warning is valid, the employee may be dismissed.

5.4 Dismissal with pay in lieu of notice or summary dismissals
When, in the Company’s opinion, a series of progressive and or corrective measures have not produced
the desired effect; or a series of Verbal or Written reprimands given for minor misconduct have not been
effective and failed to result in improved behaviour; or when an employee is alleged to have committed
serious misconduct, the Company should conduct a formal disciplinary enquiry and after considering all
relevant facts, evidence and testimonies as well as mitigating and aggravating factors, may decide on
termination as the appropriate sanction. In certain instances, dismissal without notice may be justified
in terms of the Company policy and precedent and the principles of the common law. The Company will
formally inform the Employee of the outcome of the disciplinary enquiry in writing, including the
rationale for the sanction being imposed.

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6. APPEAL PROCEDURE
 Should an employee appeal against the finding of a disciplinary enquiry, such appeal must be lodged
with HR Department within 3 (three) working days from receipt of the outcome.
 An appeal may be lodged against either the Finding or Sanction or both, provided that no appeal shall
be lodged against a guilty plea.
 Both the Employee as well as the Company shall have the right to lodge an appeal against any disciplinary
action taken in circumstances where they dispute either the outcome or sanction or both.
 Depending on the nature of the matter HR may direct that the appeal be dealt with on the written
submission of the parties only. In such case HR shall provide a copy of the Notice of Appeal to the
opposing party and allow them 3 (three) business days to submit a written response to such notice.
 In other instances, the parties may be requested to attend an Appeal Enquiry to submit additional
evidence or submissions in respect of the grounds of appeal.
 Notice of such appeal shall be presented to HR, in writing, and in accordance with the time limits set out
in this procedure.
 During an appeal enquiry, the appellant must present his case, stating the nature and grounds for his
appeal, and lead evidence or argument in this regard.
 The respondent shall then have the opportunity to respond and call and cross examine witnesses.
 The chairperson shall then determine the merits of the appellant’s appeal and mak
 e a determination in writing.

7. SCHEDULE OF OFFENCES
The following schedule must only be used as a guideline of unacceptable conduct, as should the corrective
behaviour that will generally be applied as a result of that kind of behaviour. It should therefore be understood
that any behaviour that has the effect, in management’s view, of detrimentally affecting the employment
relationship could also be regarded as misconduct in terms of the disciplinary code, even if that behaviour has
not been listed specifically in this code.

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SCHEDULE OF DISCIPLINARY OFFENCES

WORD KEY

VW Verbal warning
WW Written warning
FWW Final written warning
DISM Dismissal

DEFINITION SAMPLE CHARGE STEPS TO FOLLOW 1ST 2ND 3RD 4TH

1. ABSENTEEISM AND TIME KEEPING OFFENCES

1.1 Unauthorised Absenteeism/leave

Refers to being absent from Unauthorized absence in that Informal discussion WW FWW DISM
work without permission/ between (date) and (date) you
without a reasonable excuse. were absent from work without
permission/ without a reasonable
1.2 Time keeping excuse.

Refers to failure of an employee Poor time keeping in that on the Informal discussion VW WW FWW DISM

to comply with his/her (date) you
contractual obligations in terms arrived late for work; or leaving

of stipulated work hours. i.e. work early; or taking excessive
Excessive breaks breaks without permission of

management

1.3 Desertion and / or the act of absconding from work

When an employee is absent for You have been absent from work The line manager should attempt to DISM
a period in excess of 3 working since (date). The Company contact the employee telephonically,
days or longer without attempted to contact you on by sms or involve the employee’s co-
authorisation or communication numerous occasions in an workers to determine whether they
to line management. attempt to enquire about the have any knowledge of the
reasons for your absence or your employee’s whereabouts. On the 3rd
1.4 Sleeping while on Duty whereabouts, however, to date day of absence line management
Refers to employee not no valid reason could be should notify HR to put a hold on the
performing his/her duties as a established. employee’s salary. A registered letter /
result of being asleep. telegram must be sent to the
Sleeping on duty in that on (date) employees last known address
you were caught sleeping at advising the employee that he/she
(time) at (the place where the must inform the line manager of his
employee was caught sleeping) whereabouts and return to work.
In the event that the employee fails to
contact his/her line manager, a second
letter must be sent, informing the
employee that as he/she has failed to
respond to the previous letter/
telegram, the company has put a hold
on his/her salary and has proceeded
to schedule a disciplinary enquiry. This
enquiry may proceed in the
employee’s absence.

Informal discussion WW FWW DISM

DEFINITION SAMPLE CHARGE STEPS TO FOLLOW 1ST 2ND 3RD 4TH

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2. WORK STANDARD OFFENCES

2.1 Negligence

Any failure by an employee to Negligence in that on (date) you Informal discussion WW FWW DISM
exercise proper care and failed, without proper cause, to DISM
attention in regard to the manner perform your duties with the FWW DISM
in which a task should be proper care required in that you
performed. (describe the event). FWW DISM
DISM
2.2 Gross Negligence DISM

Refers to conscious and voluntary Gross negligence in that on (date) Disciplinary Enquiry
disregard of the need to use you failed, without proper cause
reasonable care, which has or is to perform your duties with the
likely to cause injury/ damage/ proper care required in that you
loss. (describe the incident).

2.3 Dereliction of Duty

Intentional or conscious failure of Dereliction of duty in that on Disciplinary Enquiry
an employee to do his/her duty. (date) you intentionally or
consciously failed to (describe the
Examples include: situation)
•Leaving employer’s equipment
on demonstration at a customer’s
site longer than the normal/
agreed period, without written
approval from Regional/Sales
Manager.
•Ignores the client he/she is
supposed to be serving.

3. CONDUCT RELATED OFFENCES

3.1 Abusive / Unacceptable Language

Use of language and/or signs that Use of abusive language in that on Disciplinary Enquiry
is insulting, foul or abusive whilst the (date) you used abusive
on duty. language while addressing
(victims name)

3.2 Discrimination/ Racist Remarks

Any word, expression, gesture, or Behaved in a discriminatory/racial Disciplinary Enquiry
behaviour which is constructed or manner in that on (date) you
interpreted as being (describe the event)
discriminatory and/or racial.

3.3 Sexual Harassment Sexual harassment in that on the Disciplinary Enquiry
(date) you (describe incident)
Sexual harassment is unwelcome
sexual advances, requests for
sexual favours, and other verbal
or physical conduct of a sexual
nature.

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DEFINITION SAMPLE CHARGE STEPS TO FOLLOW 1ST 2ND 3RD 4TH

3.4 Engaging in sexual activity on Company premises Disciplinary Enquiry DISM
DISM
Refers to sexual interaction in any On (date) you sexually engaged DISM
form of sexual activity on with another employee or any DISM
company premises or company other person on company
events (off premises). premises or company events. DISM

3.5 Threatening behaviour DISM
DISM
Behaviour that constitutes a Threatening behaviour in that on Disciplinary Enquiry
threat of harm on another person (date) you threatened (person
and / or property. Could be verbal threatened) by (describe
or physical. incident).

3.6 Assault

The physical harming of someone Assault in that on (date) you Disciplinary Enquiry
through physical contact and/or assaulted
violence (victim) by (describe incident)

3.7 Incitement/ Intimidation

Refers to incite and/or intimidate Incitement in that on (date) you Disciplinary Enquiry
other employees to: intimidated and/or influenced Disciplinary Enquiry
other employees by (describe the
 Use violence incident or behaviour).

 Damage Company property

 Partake in unlawful
Industrial action or indulge
in any other disorderly
action.

3.8 Abuse of position and/ authority within the company

Refers to using a position in the Misconduct in that on (date) you
company for personal gain or for abused your position (job title)
the benefit of others (This within the company in that you
includes family, friends, and (describe incident)
persons or organisations that the
employee is affiliated with).

3.9 Damage to company property

Refers to wilful or malicious Misconduct in that on (date) you Disciplinary Enquiry
damage to company property. wilfully damaged property of the
Company in that
(Describe event).

3.10 Unprotected strike action

Refers to employees partaking in a Misconduct in that on (date) you Disciplinary Enquiry
strike action that LRA [Labour participated in strike action that
Relations Act] defines as was unprotected as defined in the
unprotected. LRA [Labour Relations Act].

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DEFINITION SAMPLE CHARGE STEPS TO FOLLOW 1ST 2ND 3RD 4TH

3. ALCOHOL AND/OR ILLEGAL SUBSTANCE RELATED OFFENCES DISM

The Company adopts a strict zero- Misconduct in that on (date) you Disciplinary Enquiry FWW DISM
tolerance approach towards any breached the Company’s zero DISM
employee who tests positive for tolerance substance abuse policy in WW FWW DISM
alcohol and/or illegal substances that you have been tested positive
on the Company’s premises or for illegal substance. DISM
whilst on duty

Refer to alcohol and substance
abuse policy.

4. DISOBEDIENCE AND OFFENCES OF A DISRESPECTFUL NATURE

4.1 Insolence

Insolence refers to employee’s Insolence in that on (date) you Disciplinary Enquiry
disrespectful behaviour towards showed disrespect or acted in a
the employer. Insolence consists disrespectful manner toward your
of impudence, cheekiness, manager by (describe incident)
disrespect or rudeness.

4.2 Gross Insolence Gross insolence in that on (date) Disciplinary Enquiry
A serious act of insolence. you showed disrespect toward your Disciplinary Enquiry
manager by (describe incident)
Example: Swearing at a manager
4.3 Insubordination Misconduct in that on (date) you
When an employee fails to refused to obey a reasonable and
obey a reasonable and lawful lawful work instruction in that
instruction. (describe the situation).

Example:
Victor is employed as a driver,
Manager: Sarah's car has broken
down, please use my car to fetch her.
We need to finalise the budget report.
Victor: I don't have time to go fetch
her. I have my own work to do.
Manager: It's more urgent for you to
fetch Sue so she can finish the report.
Stanley: I'm I won’t fetch her.

4.4 Gross insubordination

Refers to an employee's deliberate Gross insubordination in that on (date), Disciplinary Enquiry
defiance of your authority. He you refused to obey a reasonable and
breaches a basic duty to be compliant lawful instruction relating to (details of
and refuses to follow reasonable instruction /incident)
instructions. He intentionally
challenges your authority and makes
continued employment unbearable.

Example:
Victor: (shouting) I've already fetched
her twice this month. I'm not a taxi
service! If you want Sarah fetched –
do it yourself! I'm not your slave.
Manager: (shocked) Victor – who do
you think you're talking to?
Victor: The idiot who thinks I have to
do everything he says because he pays
my pathetic salary. You're wrong
and I won't fetch her. I've had enough
of you pushing me around.

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DEFINITION SAMPLE CHARGE STEPS TO FOLLOW 1ST 2ND 3RD 4TH

4.5 Breach of company policy and procedure The sanction will depend on the
nature of offence.
Refers to breach of Company’s Breach of (name of policy) policy Informal discussion/ DISM
policy and procedure and procedure in that on (date) you Disciplinary Enquiry
failed to abide to the policy by DISM
(describe event or conduct)
FWW DISM
5. DISHONESTY OFFENCES DISM

5.1 Dishonesty relating to making a false statement

The creation of a false document Gross dishonesty /fraud in that Disciplinary Enquiry
with the intent to mislead and/or misleading the Company in that on
defraud the Company for (date) you made a false statement,
personal gain, e.g. altering a etc.
medical certificate, making of a
statement, verbally or in writing,
with the intent to act without
honesty, cheat, lie, be corrupt,
deceive or conceal the truth

5.2 Fraudulent timekeeping

A deception deliberately Fraudulent time keeping in that on Disciplinary Enquiry
practiced to create the (date) you (describe incident)
impression that an employee was
at work while the employee was
not at work. This includes using
another employee’s access card
and/or permitting/ requesting
another employee to use your
access card with the intention to
commit fraudulent timekeeping.

6. OFFENCES DETRIMENTAL TO THE COMPANY

6.1 Bringing the Company’s name into disrepute

Any conduct that is detrimental to Bringing the company name into Disciplinary Enquiry
the image and/or good standing disrepute in that on (date) you
of the company within the (describe incident) thereby bringing
perception of the public the company name into disrepute
/customers; thereby creating a
negative image of the company

6.2 Competing with the Company and/or conflict of interest

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

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DEFINITION SAMPLE CHARGE STEPS TO FOLLOW 1ST 2ND 3RD 4TH

7. PROPERTY RELATED OFFENCES DISM

7.1 Theft

Theft can be described as an act Theft, in that on the (date), you Disciplinary Enquiry
by a person who intentionally and were found in possession of
fraudulently takes the (describe the item) being the
personal/Company property of property of the company/client/
another without permission or colleague without authorization and
consent. or permission.

7.2 Unauthorized and /or Excessive use of company property

Refers to where an employee is Unauthorized use of company WW FWW DISM
using company property / property in that on (date) you used
equipment for other than (property / equipment to (describe
business purposes. incident).

Note 1:

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

• Should the employee still be dissatisfied with the result, he/she may make use of the statutory dispute resolution procedure by

referring the matter to the CCMA or a bargaining council where such exists.

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INCAPACITY POLICY AND PROCEDURE

1. DEFINITION
Incapacity is the inability of an employee to perform his
duties and functions consistently at a level or standard
required by the employer due to the employee’s
incompetence, poor performance, ill health or injury.

2. TYPES OF INCAPACITY
 Incapacity can be as a result of poor work performance
or incapacity due to ill health or injury resulting in the
employee failing to meet his contractual obligations.
 Incapacity may be temporary or permanent but could
ultimately result in the termination of the employee's
services.

3. MANAGER’S RESPONSIBILITY
 Poor performance, whatever the reason may be, should not be ignored and should be addressed as soon
as it becomes apparent. Failure to address incapacity creates a risk to the company since the maintenance
of performance standards is critical to the survival of the business.
 Incapacity is a separate process from discipline and may be identified by noting that the employee is not
performing or ignoring informal / verbal advice to the standard of work.
 The manager may find it difficult to determine the reason for the incapacity; there may even be an overlap
between discipline and incapacity.
 The manager must discuss the matter with the Human Resources for advice and guidance.
 Poor performance may be caused by inter alia personal problems, relationship problems, motivational
problems or structural problems or inability to do the work.
 The manager shall ensure that Human Resources is involved in this process.

4. INCAPACITY DUE TO POOR WORK PERFORMANCE
 Employees must be aware of the levels and objective standards of performance required of them.
 The Company shall ensure that every employee is given adequate training, instruction, evaluation, guidance
and counseling to ensure that the employee is able to perform in accordance with the levels and standards
of performance required of him.
 A job description of an employee is not fixed and may change and develop, as the business needs changes.
 All allegations of poor performance must be discussed with the employee prior to the Company taking a
decision to follow the incapacity process.
 Counseling is essential and of the utmost importance.
 Every employee shall be afforded a reasonable period of time within which to improve his performance to
acceptable levels and standards. The period of time will be determined by the nature of the work.
 The Company shall conduct an investigation, including consultation with the employee, to establish the
reasons for the employee's poor performance.
 The Company shall consider ways, short of dismissal, to remedy the matter and shall give the employee
reasonable assistance in his efforts to improve his performance.

Page 45

 The employee shall be entitled to the assistance of a fellow employee at any consultation regarding his
alleged poor performance. Neither legal representation nor any outside representation shall be allowed.

 If the poor performance continues, the employee must be afforded a further opportunity to present
reasons. Unless such reasons are sufficient to award the employee an opportunity to improve, he/she may
be dismissed in accordance with the procedure contained in this document, although an alternative
position within the company should first be considered and discussed. (New positions cannot be created).

 The employee must be advised in writing of the seriousness of his/her poor performance and that the
continuance thereof could result in his/her dismissal.

5. POOR WORK PERFORMANCE PROCESS
There is also a sequence of events applicable to performance counselling, as is the case with the traditional
approach of progressive discipline.
The employee’s direct superior should initiate performance counselling as soon as possible on identification
of the problem. The nature of the counselling session is that of a two-way discussion. The two parties discuss
the problem at hand and the objective is to identify possible causes for poor performance and also solutions
to improve performance.
It is essential that the manager explain the problem in as much detail as possible, grant the employee the
opportunity to give reasons for his/her behaviour and then elaborate on the performance and/or outcomes
expected.
The official performance counselling form must be used as the aspects contained therein serves as guidelines
for conducting a counselling session. The relevant party as indicated on the form must complete all fields
contained in the form. This procedure will ensure an objective assessment of the problem and realistic
solution(s).
3.3 Stage One
 The counselling process may involve the employee’s representative who should be asked to
personally involve himself/herself to attempt to assist with the problem. The process itself should
be approached constructively and not in an antagonistic and adversarial fashion.
 The employee and his/her representative should be called aside and in discussions asked to review
the issue of the employee’s continued poor performance. Notice of such “review” is not required
since the Employee is merely being asked to comment on a factual situation.
 The counselling process should involve three distinct stages:
a) Provide employee with facts: Firstly, the employee should be informed of why it is considered
that his/her performance is inadequate and unacceptable e.g. “You have continued to perform
in the last ............ weeks under the specific targets that have been set for you in your department.
Your continued non-performance has a serious disruptive effect on the normal operations of your
department”; or you have not met the following deadlines;
b) Listen to employee’s explanation/restrictions: Secondly, the employee must be asked to
provide an explanation for his/her poor performance
and to suggest reasonable ways in which the problem
may be rectified;

Page 46

c) Prepare an action plan: The final stage requires the supervisor/manager to clarify the extent or
nature of the problem regarding the poor work performance, the effects of the poor
performance and thereafter decide on the relevant action plan to remedy the problem. It
should be specifically brought to the employee’s attention that the company cannot allow poor
work performance to continue. In this process you should provide appropriate evaluation,
instruction, training, guidance and/or counselling and a reasonable time period for the
employee to improve.

 Monitor performance: The parties should agree that the employee’s poor performance shall be
monitored over the following six-to-eight-week period and will meet on a four weekly basis to review
the performance. (These time periods can be adapted to suit the specific situation).

 Record Action and Results: The gist of the above approach should be recorded/summarised in
writing, using the Performance Counselling Form, a copy of which should be given to the employee
and a copy placed in his/her personnel file.

3.4 Stage Two
 If, within the period agreed upon in the first stage, the employee’s performance continues to indicate
a negative trend and the supervisor/manager are of the view that the employee is showing no ability,
inclination to improve his/her work performance, the stage two of the counselling process should be
involved.
 Stage two is in its essence, a repeat of the procedure involved in stage one. In addition, the
supervisor/manager should highlight to the employee:
a) The basis of their previous discussion in which the problems were identified and a commitment
made to remedy it and why the employee has failed to meet the required standards;
b) It is important at this stage that the employee be clearly informed that unless he/she is able to
show an ability to meet the required performance standards, the Company will consider taking
more serious action to prevent disruption to the operation of the Company, which action may
include the termination of the employee’s services.
 Again, the gist of the process should be recorded in writing, a copy of which should be given to the
employee and a copy placed in the employee’s personnel file.

3.5 Stage Three (Formal Enquiry)
 Where the situation persists and the supervisor/manager is of the view that the employee is either
unable to remedy it or has shown no positive inclination to do so, an enquiry should be convened in
keeping with the Company’s requirement for conducting a fair disciplinary enquiry.

To this end, the employee should be:
a) Given adequate notice of the enquiry and advised of the charge of incapacity arising out of
repeated poor work performance.
b) Specifically informed that the purpose of the enquiry is to investigate his/her repeated poor
work performance, stressing that it is not a case of misconduct.
c) Informed of the availability of an interpreter should he/she so require that he/she be entitled
to a representative at the enquiry by a co-worker of his/her choice.
d) Informed to bring any witness/witnesses, that the employee may deem appropriate, to lead
evidence on his/her behalf; and
e) Informed of his/her right to be represented by an employee of choice.

 The employee must be allowed to state his/her case and challenge the evidence lead on behalf of
the Company. At this stage in the process, the employee bears the onus to motivate reasons and
submit evidence indicating why the Company should not resort to termination of his/her services.

-- END --

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ILL HEALTH OR INJURY

1. PROCEDURE
1.1 The first thing that needs to be established is whether the ill health or injury is temporary or permanent.
1.2 If the employee is temporarily unable to work the Company should:
 Investigate the extent of the capacity or the injury.
 If the Employee is likely to be absent for an unreasonably long period the Company should Investigate
all possible alternatives short of dismissal.
 Factors such as nature of the job, period of absence, seriousness of illness or injury and the possibility
of securing a temporary replacement must be investigated.
1.3 If the employee is permanently unable to work the Company should:
 Look into the possibility of securing alternative employment.
 Adapting the duties or work circumstances of the employee to accommodate the disability.
1.4 The process to be followed above should allow the employee an opportunity to state a case in response
and be assisted by a fellow employee.
1.5 Before dismissal of an employee arising from ill health or injury the enquiry must consider:
o Whether or not the employee is capable of performing the work; and
o If the employee is not capable:-
o The extent to which the employee is not able to perform the work.
o The extent to which the employee’s work circumstances might be adapted to accommodate the
disability or the extent to which the employee’s duty must be adapted.
o The availability of any suitable work.
o The procedure in regard to the regulation of absenteeism can be involved in conjunction with this
procedure.
o The Company reserves the right to refer the employee for medical tests by an independent body to
determine or confirm if in fact the reason for non-performance is due to ill-health / injury.

-- END --

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GRIEVANCE POLICY AND PROCEDURE

The objective of the Grievance Procedure is to establish a formal channel of
communication to allow employees to bring their dissatisfaction to
management’s attention and to propose a possible resolution through internal
channels.

1. PRINCIPLES
1.1 Employees are valuable to the company and their productivity is essential to the success of the company.
1.2 The Grievance procedure creates a formal process of dispute resolution to resolve a dispute
expeditiously that relates to an actual or perceived infringement of a matter of right.

2. POLICY
2.1 A grievance includes a complaint or dissatisfaction an employee may experience in their work or in their
relationship with colleagues or management.
2.2 The company will, in cooperation with the aggrieved employee attempt to resolve a grievance in a
reasonable and fair manner.
2.3 Any employee of the Company: permanent or temporary may submit a grievance.
2.4 An employee will not be victimized, prejudiced or penalized in any way whatsoever for lodging a
grievance.
2.5 The grievance procedure cannot be followed to retard a disciplinary enquiry. The procedures are
separate and may run concurrently.
2.6 A collective grievance occurs when a group of employees who feel aggrieved submit a grievance. All the
aggrieved employees will select two employees to represent the group in the grievance procedure.

3. PROCEDURE

Stage 1:
 An aggrieved employee may submit a grievance by completing the grievance form within 20 days of the

occurrence or event that gave rise to the grievance.
 The referral document will be submitted to the employee’s line manager who will register the grievance

with Human Resources.
 If the grievance is submitted against the direct line manager, the aggrieved employee will submit the

grievance form to the next level of management who will register the grievance with Human Resources.
 Management should attempt to resolve the grievance within 5 working days from the date that they

receive the grievance.
 Management will schedule a meeting with the aggrieved party. Minutes should be kept of the meeting.
 The direct line manager, the aggrieved person, and the person against who the grievance was submitted

will attend the grievance meeting. Should the aggrieved person require a representative he may
nominate a fellow employee to fill this role.
 The grievance should be resolved at the lowest level possible in the Company.
 If the aggrieved employee is dissatisfied with the outcome of the grievance hearing the employee will
indicate his option to refer the grievance to stage two of the grievance procedure.

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Stage 2:
 The aggrieved will refer the grievance to stage two of the grievance procedure by submitting the

grievance form to his line manager as well as Human Resources.
 Human Resources representative will attend the grievance meeting.
 The next line of management will hear the grievance and consider the possible solution proposed by the

employee and the input of the company within 5 working days from receipt of the grievance.
 In the event that the aggrieved maintains that the grievance has not been resolved, the grievance may

be referred in writing to the Director of the division.
 The direct line manager, the aggrieved person, and the person against who the grievance was submitted

will attend the grievance meeting. Should the aggrieved person require a representative he may
nominate a fellow employee to fill this role.
Stage 3:
 The aggrieved will refer the grievance and supporting documentation to stage three of the grievance
procedure by submitting it to his line manager as well as Human Resources.
 The Director of the division will consider the grievance based on the documents submitted to the Human
Resources representative and may implement or dismiss the suggested outcome in writing to all
relevant parties within 5 working days following the receipt of the grievance.
 The Human Resources Representative may be consulted on all aspects of the grievance but will only be
required to attend stage 2 of the process.
 In the event that the aggrieved maintains that the grievance has not been resolved, the grievance may
be referred to the Commission for Conciliation, Mediation and Arbitration.

-- END --

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SEXUAL HARASSMENT POLICY AND PROCEDURE

1. POLICY OBJECTIVE
 The objective of the Sexual Harassment Policy is to facilitate a workplace that is free of sexual harassment.
 Employees must respect their own integrity, dignity and that of all job applicants, colleagues, customers
and service providers.
 All employees have a right to equity in the workplace and the Company aims to maintain an atmosphere
of mutual respect in the workplace.
 Allegations of sexual harassment will be dealt with seriously, expeditiously, sensitively and confidentially.
 Employees will be protected against victimization and/or retaliation for lodging grievances and from false
accusations.

2. APPLICATION
2.1 The Company recognises that the people who harass others, as well as the victims of harassment, could
be non-employees such as clients, suppliers, independent contractors and/or their employees, and
other third parties that have dealings with the Company.
This Policy applies to-
(a) All employees in the Company, within and outside of South Africa where applicable;
(b) Job applicants and interns/learners;
(c) Clients;
(d) Suppliers / business partners;
(e) Independent contractors and/or their employees; and
(f) Other stakeholders who deal with the Company.

2.2 Disciplinary and / or other corrective action will be taken against anyone found guilty of harassing an
employee or work associate, such as clients, consultants, interns, learners, suppliers and/or service
providers, amongst others.

2.3 Whilst the Company cannot take disciplinary action against a non-employee, it will take action that is
within its scope such as terminating a contract or business relationship, holding external parties
accountable to follow their own internal policies, and the Company will assist the person reporting the
harassment with regard to advice and counselling as well as the procedure to be followed in dealing with
the alleged complaint of harassment.

2.4 This protection extends to work-related functions or events that are conducted off Company premises,
including travelling with colleagues / clients / business partners / others for work or to and from work /
work-related events. Conferences, work functions, accommodation at work functions, team building
events are all regarded as being within the scope of this Policy.

2.5 In addition, the Policy applies to social media posts, tweets, Instagram and similar social media
applications, that are about or may be seen by employees, clients, customers, amongst others.

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