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Disciplinary Code and Procedures


1. Agreement

The employer and the employee agree to follow these rules to make sure:

  • There is order and fairness at work

  • Problems are handled in the right way

  • Everyone is treated with respect

2. What Happens if There’s a Problem (Misconduct)

2.1 Serious Problems (Disciplinary Hearing)

If the employee does something serious:

  • They will get a letter asking them to come to a disciplinary hearing (a formal meeting)

  • A fair and neutral chairperson will lead the meeting

  • The employee can bring a co-worker or union representative to help them

  • The employee can tell their side of the story and show any proof

  • If the employee does not come to the hearing, it can still go ahead

  • The employee can appeal (ask for a second look) after the decision is made

2.2 Small Problems (Warnings)

  • If the problem is small, the employer will give a Verbal, Written or Final Written Warning

  • The employee can write a comment on the warning if they disagree

  • Each warning is only valid for 6 to 12 months, then it falls away




2.3 Suspension

  • If the problem is serious, the employee might be suspended (stay at home)

    • With no pay for 1 week as a punishment (only if the employee agrees)

    • Or with full pay while waiting for a disciplinary hearing

2.4 Demotion

  • After a hearing, the employee may be moved to a lower position

  • If they agree, their pay will also be changed

3. Appeals (Asking for a Review)

  • If the employee thinks the decision is unfair, they can appeal in writing

  • They must do this:

    • Within 7 days of the hearing decision

    • Or within 1 month if they were fired for being away from work

  • An independent person who was not at the first hearing will read everything and make a final decision

  • There is no second hearing

5. Sorting Out Disagreements (Dispute Resolution)

If there is a disagreement or the employee feels something is unfair, it can be sorted out through arbitration (a formal process guided by the law).

This includes:

  • Problems with the contract or being fired

  • Feeling unfairly treated

  • Not being consulted before being dismissed

  • Discrimination at work

An independent arbitrator will:

  • Listen to both sides

  • Look at the facts and the law

  • Decide if what happened was fair or unfair

The Disciplinary Code

These offences are considered severe and usually result in a disciplinary hearing on the first offence. Depending on the outcome, the employee may be suspended, demoted, or dismissed.

Very Serious Offences

  • Giving false documents or lying during a job application
  • Hiding past disciplinary or criminal history
  • Damaging company property or people (on purpose or by serious carelessness)
  • Fighting or assault at work
  • Theft, dishonesty, or fraud
  • Sabotaging the employer or the business
  • Gross insubordination (refusing serious instructions)
  • Sexual harassment
  • Giving false evidence or statements
  • Submitting a fake medical certificate
  • Threatening or influencing other workers to misbehave
  • Misusing phones, internet, or sharing confidential information without permission
  • Any action that damages the employer’s trust or reputation
  • Using drugs or alcohol at work or arriving under the influence
  • Endangering the safety of others
  • Rude, aggressive, or offensive behaviour

Action:
 Disciplinary Hearing on 1st offence

Serious Offences

These are misconducts that may not lead to immediate dismissal but are still serious. They may result in a warning first and a disciplinary hearing if repeated.

Examples include:

  • Poor quality or careless work
  • Refusing to work overtime
  • Failing to follow instructions or duties
  • Ignoring company rules or procedures
  • Abusing sick leave or taking leave dishonestly
  • Being absent without permission
  • Misusing work phones or internet for personal use
  • Being disrespectful to a client or co-worker
  • Sleeping on duty (case-by-case basis)

Action:
 1st offence – Written Warning
2nd offence – Final Written Warning
3rd offence – Disciplinary Hearing

Minor Offences

These are less serious problems but still require correction. They start with a verbal warning and escalate if repeated.

Examples include:

  • Not informing the employer about an absence
  • Returning late from lunch or tea breaks
  • Working too slowly without reason
  • Not providing a sick note when required
  • Arriving late for work
  • Leaving early without permission
  • Using rude or offensive language

Action:
 1st offence – Verbal Warning
2nd offence – Written Warning
3rd offence – Final Written Warning or Hearing

Health and Safety Offences

Very Serious:

  • Interfering with or damaging health and safety equipment
  • Misusing safety tools or equipment
  • Being seriously careless about safety

Less Serious:

  • Not following safety instructions or rules
  • Not reporting dangers, incidents, or unsafe behaviour

Action:
 1st offence – Written or Final Written Warning
2nd offence – Final Written Warning or Hearing
3rd offence – Disciplinary Hearing

The Employer will apply this code fairly and will always consider the full circumstances before taking action. This code does not limit the Employer’s right to take immediate action for serious misconduct.