Disciplinary Action

Any employee, who commits misconduct or a breach of rules established by the Company, shall be subject to disciplinary action.

7.1 Misconduct

  1. Misconduct relating to duty such as carelessness, fraud, misappropriation, insubordination etc.
  2. Misconduct relating to discipline such as fighting, assault, quarrel, gambling damage to Company property, drug abuse etc.; and
  3. Misconduct relating to morality such as committing an indecent act, sexual advancement, pornography, keeping or distributing indecent or pornographic literature at the workplace, etc.

Appendix 1 provides a list of minor & major misconducts.

7.2 Inquiries

A panel appointed at the discretion of the Company shall conduct all inquiries. The inquiry panel shall not include a member (s) whose presence may affect the impartiality of the panel in its conduct of the proceedings and its recommendations.

The proceedings of an inquiry shall be duly recorded by the panel for submission to the HR Manager or to the appropriate higher authority for decision.

The Company may suspend an employee on half pay for a period of not exceeding two (2) weeks pending an inquiry.

7.3 Action by the Company

All disciplinary actions taken by the Company shall comply with the Company’s established procedures and current legislation. Where there is any conflict between the two, current legislation shall prevail.

Head of Departments may issue written warnings on the advice of the HRD. All written warnings shall be recorded in the employee personnel file. In the event where three (3) warning letters for a similar offense have been issued within a period of twelve (12) months, the employee shall be subject to an inquiry to determine further disciplinary action.

Depending on the gravity of the offense committed and after due inquiry, the employee may be subject to any of the following punishments:

  1. Dismissal without notice
  2. Downgrading
  3. Suspension without pay up to a maximum of two (2) weeks
  4. Stoppage / Withholding of increment
  5. Withholding of bonus
  6. Withholding of promotion
  7. Written warning

7.4 Summary Dismissal

The Company reserves the right to dismiss an employee for misconduct after due inquiry including but not limited to dishonesty, insubordination, gross neglect of duty, bankruptcy and criminal conviction, within reasonable time after the misconduct in question without notice, salary or other forms of compensation.

This right is in addition to and does not prejudice its other rights under law.

7.5 Grievance Procedure

  1. Employee should, whenever possible try to resolve disputes and minor problems amicably and informally between themselves or together with their immediate supervisors.
  2. If such informal means do not bring a resolution, an employee may bring to the HR Manager’s attention any grievance or complaint within fourteen (14) days from the date of occurrence of the event causing or giving rise to such grievance or complaint. The filing of a formal grievance in writing should be done only if such grievances or complaints cannot be resolved through these informal discussions.
  3. A member of the HRD shall be assigned by the HR Manager to attend such grievances or complaints and to discuss and offer suggestions for resolution. Due consideration shall be given to all grievances and complaints and the HRD shall make all efforts to resolve them promptly and fairly.
  4. The HR Manager may at its discretion and depending on the seriousness of the grievances and complaints, bring the matter to the attention of the Managing Director for his consideration.

7.6 Termination of service

Notice of termination of service shall be made in writing and in accordance with the Employee Terms and Conditions of Service. In lieu of such notice, the employee or the Company shall pay a sum equivalent to the salary for the notice period required. An employee shall surrender all Company documents, files, vehicles, keys and other Company property in his possession upon his termination of service in the Company. The employee shall reimburse the Company the value of the replacement cost for any item (s) or the Company property that is lost or destroyed while under his custody. The employee shall settle all outstanding liabilities and obligations with the Company before any monies due to him are to be released.

Disciplinary Action

Any employee, who commits misconduct or a breach of rules established by the Company, shall be subject to disciplinary action.

7.1 Misconduct

  1. Misconduct relating to duty such as carelessness, fraud, misappropriation, insubordination etc.
  2. Misconduct relating to discipline such as fighting, assault, quarrel, gambling damage to Company property, drug abuse etc.; and
  3. Misconduct relating to morality such as committing an indecent act, sexual advancement, pornography, keeping or distributing indecent or pornographic literature at the workplace, etc.

Appendix 1 provides a list of minor & major misconducts.

7.2 Inquiries

A panel appointed at the discretion of the Company shall conduct all inquiries. The inquiry panel shall not include a member (s) whose presence may affect the impartiality of the panel in its conduct of the proceedings and its recommendations.

The proceedings of an inquiry shall be duly recorded by the panel for submission to the HR Manager or to the appropriate higher authority for decision.

The Company may suspend an employee on half pay for a period of not exceeding two (2) weeks pending an inquiry.

7.3 Action by the Company

All disciplinary actions taken by the Company shall comply with the Company’s established procedures and current legislation. Where there is any conflict between the two, current legislation shall prevail.

Head of Departments may issue written warnings on the advice of the HRD. All written warnings shall be recorded in the employee personnel file. In the event where three (3) warning letters for a similar offense have been issued within a period of twelve (12) months, the employee shall be subject to an inquiry to determine further disciplinary action.

Depending on the gravity of the offense committed and after due inquiry, the employee may be subject to any of the following punishments:

  1. Dismissal without notice
  2. Downgrading
  3. Suspension without pay up to a maximum of two (2) weeks
  4. Stoppage / Withholding of increment
  5. Withholding of bonus
  6. Withholding of promotion
  7. Written warning

7.4 Summary Dismissal

The Company reserves the right to dismiss an employee for misconduct after due inquiry including but not limited to dishonesty, insubordination, gross neglect of duty, bankruptcy and criminal conviction, within reasonable time after the misconduct in question without notice, salary or other forms of compensation.

This right is in addition to and does not prejudice its other rights under law.

7.5 Grievance Procedure

  1. Employee should, whenever possible try to resolve disputes and minor problems amicably and informally between themselves or together with their immediate supervisors.
  2. If such informal means do not bring a resolution, an employee may bring to the HR Manager’s attention any grievance or complaint within fourteen (14) days from the date of occurrence of the event causing or giving rise to such grievance or complaint. The filing of a formal grievance in writing should be done only if such grievances or complaints cannot be resolved through these informal discussions.
  3. A member of the HRD shall be assigned by the HR Manager to attend such grievances or complaints and to discuss and offer suggestions for resolution. Due consideration shall be given to all grievances and complaints and the HRD shall make all efforts to resolve them promptly and fairly.
  4. The HR Manager may at its discretion and depending on the seriousness of the grievances and complaints, bring the matter to the attention of the Managing Director for his consideration.

7.6 Termination of service

Notice of termination of service shall be made in writing and in accordance with the Employee Terms and Conditions of Service. In lieu of such notice, the employee or the Company shall pay a sum equivalent to the salary for the notice period required. An employee shall surrender all Company documents, files, vehicles, keys and other Company property in his possession upon his termination of service in the Company. The employee shall reimburse the Company the value of the replacement cost for any item (s) or the Company property that is lost or destroyed while under his custody. The employee shall settle all outstanding liabilities and obligations with the Company before any monies due to him are to be released.