In the event or less serious misconduct, the supervisor may invoke any one of he procedures:
| (1) | Corrective counselling |
In instances where the nature of the misconduct warrants counselling, the supervisor of the employee must—
| (a) | interview the employee and bring the misconduct to the employee's attention; |
| (b) | determine the reasons for the misconduct and give the employee an opportunity to respond to the allegations; |
| (c) | seek to get agreement on how to remedy the conduct; and |
| (d) | take steps to implement the agreed course of action. |
In instances where the nature ofthe misconduct warrants a verbal warning, the supervisor of the employee must —
| (a) | bring the misconduct to the attention of the employee and inform the employee that he or she is of the opinion that the misconduct warrants a verbal warning; |
| (b) | allow the employee an opportunity to respond to the allegations; |
| (c) | if the employee admits to having committed the misconduct, give the employee a verbal warning and inform the employee that further misconduct may result in harsher disciplinary action being taken; |
OR
| (d) | if the employee denies having committed the misconduct, initiate a disciplinary hearing as set out in regulation 11. |
| (e) | The verbal warning must be recorded on the conduct sheet, |
| (a) | In instances where the nature of he misconduct warrants a written warning, the supervisor must— |
| (i) | bring the misconduct to the attention of the employee and inform the employee that he or she is of the opinion that the misconduct warrants a written warning; |
| (ii) | allow the employee an opportunity to respond to the allegations; |
| (iii) | if the employee admits to having committed the misconduct, give the employee a written warning in the form determined by the National Commissioner and inform the employee that further misconduct may result in harsher disciplinary action being taken; |
OR
if the employee denies having committed the misconduct, initiate a disciplinary hearing as set out in regulation 11.
| (b) | The supervisor must give a copy of the written warning to the employee if he or she admits to the misconduct in terms of this regulation and he or she must acknowledge receipt thereof. |
if the employee refuses to acknowledge receipt, the supervisor must hand over the warning to the employee in the presence of another employee, and both the supervisor and the other employee serving as witness must sign to confirm that the written warning was handed to the employee.
| (c) | The written warning must be filed in the personnel file of the employee. |
| (d) | A written warning remains valid for six (6) months and at the expiry thereof the written warning must be removed from the personal file of the employee and destroyed. |
| (e) | Should the employee commit a similar or related act of misconduct before the expiry of the six (6) months' period, the written warning may be taken into account. |
(4) Final written warning
| (a) | In instances where the seriousness of the misconduct warrants a final written warning, the supervisor must— |
| (i) | bring the misconduct to the attention of the employee and inform the employee that he or she is of the opinion that the misconduct warrants a final written warning; |
| (ii) | allow the employee an opportunity to respond to the allegations; |
| (iii) | if the employee admits to having committed the misconduct, give the employee a final written warning in the form determined by the National Commissioner and inform the employee that further misconduct may result in a disciplinary hearing |
OR
if the employee denies having committed the misconduct, initiate a disciplinary hearing as set out in regulation 11.
| (b) | The supervisor must give a copy of the final written warning to the employee who must acknowledge receipt thereof if the employee admits the misconduct if the employee refuses to acknowledge receipt, the supervisor must hand over the final written warning to the employee in the presence of another employee, and both the supervisor and the other employee serving as witness must sign to confirm that the warning was handed to the employee. |
| (c) | The final written warning must be filed in the personnel file of the employee. |
| (d) | A final written warning remains valid for six (6) months and at the expiry thereof, the final written warning must be removed from the personal file of the employee and destroyed. |
| (e) | Should the employee commit a similar or related act of misconduct before the expiry of the six (6) month period, the final written warning may be taken into account. |
| (5) | The employee may at any stage be represented during the abovementioned procedures. |
| (6) | In the event that the employee who has denied commission of the misconduct decides to admit at any stage before the commencement of the format proceedings the matter must immediately be returned to the supervisor of the employee concerned who must immediately invoke the informal process and finalise it. |
