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Employee disciplinary POLICY

SECTION 11: EMPLOYEE DISCIPLINARY POLICY

11.1 Introduction

11.1.1 Disciplinary procedures shall be used as a corrective measure to foster
improvement of individual conduct. It is expected that no punishment shall
be inflicted on an employee if it would be contrary to any provision of the
law.
11.1.2 In this manual “discipline” means conforming to set rules and regulations
which prescribe expected conduct and behaviour of individual employees.
It is intended to contribute to performance improvement and
productivity.
11.1.3 The purpose of rules and regulations is to ensure compliance and
discipline in Panafrican Renewable Energy Solutions Limited and to correct
any conduct that may not conform to such rules. While Panafrican
Renewable Energy Solutions Limited reserves the right to impartially
administer disciplinary action, the employee has the right to be granted a
fair hearing.
11.1.4 This policy applies to all employees and includes remedy for noncompliance of this policy and other Institute policies.
11.2 Disciplinary Procedure
11.2.1 The disciplinary procedure provides a framework for dealing with
instances where employees are alleged not to have met the required
standards of conduct. The aim is to ensure prompt, consistent and fair
treatment for all staff.
11.3 Guiding Principles
Panafrican Renewable Energy Solutions Limited shall be guided by the following
principles in handling disciplinary matters:
a) The rules of natural justice;
b) Procedural fairness, where an employee must be allowed adequate
opportunity to prepare and present his/her defence;
c) The deciding authority must be unbiased when hearing and making
decisions
d) Decisions must be based upon logical proof or evidence provided;
e) Fair administrative action, which is expeditious, efficient, lawful,
reasonable and procedurally fair.
f) Every employee to whom disciplinary action is taken has a right to:
• Written reasons for any disciplinary action that is taken against
him;
• Prior and adequate notice of the nature and reasons for the
intended disciplinary action;
g) An opportunity to be heard and to make representations in that
regard;
h) An opportunity to attend proceedings in person or in the company
of an expert of their choice from Panafrican Renewable Energy
Solutions Limited, cross examine persons who give adverse evidence
against them and request for adjournment of proceedings where
necessary;
i) Notice of a right to an appeal or review against a disciplinary
decision;
j) Information, materials and evidence to be relied upon in making a
decision or taking a disciplinary action.
k) To be supplied with information that the employee may require for
his /her defence. Such information shall be supplied before hearing
commences.
11.4 General Provisions

11.4.1 The following shall be observed while processing discipline cases:
a) Disciplinary cases shall be processed through Panafrican Renewable
Energy Solutions Limited HR Committee.
b) If criminal proceedings are instituted against an employee or where
an employee has been acquitted of a criminal charge in a court of
law, the CEO shall not be prevented from dismissing them or
otherwise punishing them on any other charge arising out of the
conduct in the matter.
c) Where an employee has been charged with desertion of duty, the
letter shall be addressed to his/her last known address by registered
mail as provided in the Personal Information Form.
d) The employee should be notified in writing, be given the particulars
of the misconduct as preferred and reasonable opportunity to
respond to theallegations.
e) Thorough investigation of an alleged offence shall be done before
any disciplinary action is taken.
f) Application of other interventions in resolving discipline cases like
counselling and alternative dispute resolution mechanisms.
g) Disciplinary cases shall be dealt with promptly and finalized within a
period of six (6) months.
11.5 Alternative Interventions in the Discipline Process
11.5.1 Alternative interventions are an effort, undertaken by an employer, to
address employee misconduct using a method other than traditional
disciplinary action.
11.5.2 Alternative discipline interventions in Panafrican Renewable Energy
Solutions Limited can take many forms such as counseling, guidance,
training or dispute resolution.
11.5.3 The first step in a disciplinary procedure for all minor offences should be
counseled. The supervisor should discuss the matter with the employee
and advise the employee to reform.
11.6 Disciplinary Offences
11.6.1 There are three types of offences; minor, major and gross misconduct.
(i) Minor Offences:
Any of the following, among others, shall amount to a minor offense:-
• Lateness to work;
• Idling and loitering during working hours;
• Misuse of telephone and other Resources;
• Causing unnecessary commotion in the office or in publicplaces;
• Giving false information; and
• Hawking goods and wares in offices.
(ii) Major Offenses:
Any of the following, among others, shall amount to a major offense: –
• Absence from work for a period of more than two days without
permission or acceptable excuse;
• Repetition of minor offences;
• Dressing provocatively or inappropriately;
• Contravention of traffic laws while using Company’s vehicles;
• Deliberate negligence, go-slow or obstructive work;
• Dishonesty reflecting adversely on the honesty and moral integrity
of an employee’s duties;
• Deliberate mis-posting of payments;
• Inefficiency in work performance;
• Any other conduct in breach of policies, procedures and set
regulations;
(iii) Gross Misconduct Offences:
Any of the following, among others, shall amount to gross misconduct:-
• Negligence of duty;
• Being under the influence of alcohol or harmful drugs during
workinghours;
• Use of abusive language or behaviour deemed inappropriate to
both Panafrican Renewable Energy Solutions Limited and the public;
• Insubordination;
• Criminal conviction;
• Making a false statement or declaration in any matter on which one
is required to respond to by Panafrican Renewable Energy Solutions
Limited
• Unauthorized use or disclosure of confidential information;
• Sexual harassment;
• Willful misuse or damage of Company property;
• Soliciting, giving or accepting bribes or secret profit ;
• Misappropriation and theft of company property;
• Fraud and obtaining money by false presence;
• Writing or publishing any official information which has not been
cleared for publication by the CEO
• Colluding with accused persons to defeat the cause of justice;
• Tampering with files and other official documents;
• Tampering with and destroying evidence;
• Irregular awarding of tenders;
• Tampering with tender documents;
• Irregular payments;
• Fraud;
• Failure to take and execute lawful instructions issued by person in
authority; and
Any other as
11.1 Dismissal

11.1.1 In the event of failure to heed a final written warning, an employee will
be advised that he may face summary dismissal.
11.1.2 Summary dismissal shall be considered in the event that an employee
displays gross misconduct as defined under the Employment Act 2007.
11.1.3 A letter narrating the facts of the case and giving reasons why dismissal is
recommended will be sent to the employee and a copy of the letter placed
in his or her personal file. The employee will be provided with an
opportunity to respond within twenty one (21) days.
11.1.4 In conveying the decision of the dismissal, the employee shall be informed
of his right of appeal within six (6) weeks from the date of the letter
signifying dismissal.
11.1.5 An employee whose termination is through summary dismissal will be
entitled to payment of any terminal benefits in accordance with the
provisions of the pension scheme and prevailing laws may consider gross
misconduct.
11.2 Forms of Punishment

11.2.1 The following forms of punishment may be meted out by Panafrican
Renewable Energy Solutions Limited against an employee who commits an
offence:
a) Verbal warning
b) Written warning
c) Surcharge/Recovery of cost of any loss or breakage
d) Stoppage/Withhold/Deferment of annual increment
e) Termination of employment
11.3 Formal Procedure

11.3.1 In the event an employee commits a minor offence, a first warning letter
should be given to the employee by his or her immediate supervisor. The
employee will be required to signify in writing that he has read and
understood the contents of the letter.
11.3.2 A warning letter shall be in force for six (6) months.
11.3.3 The warning letter should state the exact nature of offence(s) and indicate
future disciplinary action which will be taken against the employee if the
offence is repeated within a specified time limit.
11.3.4 A copy of the written warning, signed by the employee upon receipt,
should be placed in the employee’s personal file.
11.3.5 A second and final written warning shall be given to an employee who
having committed a minor offence earlier, shall repeat a similar offence
during the period when a first warning shall still be in force.
11.3.6 The warning will be deemed invalid after six (6) months from the date of
the second and final warning and following satisfactory improvement in
performance or behaviour, but will not be removed from the
employee’sfile.
11.3.7 Where an employee fails to reform despite or where he or she commits an
offence of similar severity even after receiving the second and final warning
letter the supervisor shall report in writing to the HR Manager who shall
then forward the report to the Directors. The report shall state the nature of
the offence, the date and time of occurrence, place and persons involved.
11.3.8 In event of major vent or gross misconduct, the misconduct might be
serious enough to justify dismissal without any warning. In such a case, the
HR Manager may direct that the culprit be required to show cause why a
severedisciplinary action should not be meted against him.
11.3.9 The Head of Human Resource shall issue the employee with a show cause
letter stating the particulars of the alleged misconduct and invite him/her to
respond in writing to the allegations and the grounds, if any, on which
he/she relies to exonerate himself/herself;
11.3.10 Where an employee deserts duty or their whereabouts are unknown, the
show cause letter will be addressed to the employee’s last known contact
address by registered mail and he will be given at least seven days to
respond.
11.3.11 An employee shall be given reasonable opportunity to respond to the
charges against him/her and the period within which to respond shall be
specified inthe statement;
11.3.12 On expiry of the period specified above, whether or not the employee has
responded, the case shall be presented to Panafrican Renewable Energy
Solutions Limited’s management to deliberate, conduct disciplinary hearing
and make recommendations.
11.3.13 If in the opinion of management there is need for investigation prior to
the hearing, the CEO will constitute a committee to investigate the matter.
11.3.14 While constituting a team the CEO shall observe the following conditions:-
a.) Constitute a team of not less than three (3) employees to investigate the matter (where the team
is more than three members, the team shall consist of an odd number).
b.) The employees conducting the investigation shall be senior to the accused employee and
should not have dealt with the case before.
11.3.15 The disciplinary hearing shall be conducted expeditiously, efficiently,
lawfully, reasonably and in a procedurally fair manner.
11.3.16 The committee after hearing the matter shall prepare a report consisting
of the following:
a.) Background information leading to the relevant incident;
b.) Input from the witness or witnesses;
c.) The employee’s response to the allegation(s);
d.) An analysis of the facts;
e.) A statement that all the entitlement of employee facing the disciplinary action have been
observed and
f.) Recommendations
11.4 Conduct of investigations
11.4.1 In investigating an alleged misconduct, the investigation team
shall:
a.) Establish and record the issues for investigation;
b.) Give every party involved especially the affected employee a chance to
produce relevant documents, call and examine witnesses, and,peruse documents produced
against him;
c.) Record all relevant material oral and documentary evidence;
d.) Record details of any matter which may aggravate or mitigate the case;
e.) Sum up the case and record their comments so as to clearly show their findings and opinion
on the issues under investigation in view of the evidence on record.
f.) The report of the investigation shall be submitted to the committee and shall contain:
i. Evidence collected by the team, including any statements by
witnesses;
ii. Analysis of the evidence and statements;
iii. A statement on whether the charges against the employee have
been proved; and
iv. Details on any matter that may affect the gravity of the case, if any.
v. The report shall not contain any recommendation on the form of
punishment to be inflicted on the accused employee.
11.5 Informal procedure

11.5.1 Supervisors shall bring to the attention of staff the standard required and
the consequences for failure to meet those standards.
11.5.2 Cases of minor misconduct shall be dealt with by an employee’s
immediatesupervisor informally without delay. The supervisor may speak
to the employee in private and encourage them to conduct themselves in
accordance with the required standards.
11.5.3 The purpose of the discussion is to ensure the employee understands the
nature of the concerns, and expectations of improvement in his/her
conduct.
11.5.4 The supervisor shall confirm the outcomes of any discussions to the staff in
writing and retain any note of this informal discussions or meetings.
11.5.5 Following satisfactory outcome, the matter shall be deemed resolved.
However, in case of unsatisfactory outcome where the problem persists;
required improvement in conduct has not been achieved; and further
information becomes available during discussions which make the matter
sufficiently serious, the formal procedure shall be invoked.
11.6 Suspension
11.6.1 An employee may be suspended from duty under the following
circumstances:
a.) When disciplinary proceedings have been instituted against the employee
as a result of which, the CEO through the advice of disciplinary committee considers that the
employee ought to be dismissed; or
b.) When an employee has been convicted of a serious criminal offence.
11.6.2 Where an employee is suspended he will not receive the basic salary but
will be entitled to medical benefits if they had.
11.6.3 An employee on suspension will be required to report to their supervisor
weekly.
11.6.4 Where disciplinary or criminal proceedings have been taken or instituted
against an employee under suspension and such an employee is neither
dismissed nor otherwise punished under these provisions, the whole or any
salary withheld shall be restored to them upon the termination of such
proceedings with effect from the date the salary was stopped.
11.7 Surcharge

11.7.1 Panafrican Renewable Energy Solutions Limited may resolve to surcharge
an employee on account of misappropriation of money, loss of property/
inventory, malicious damage or misuse of the same.
11.7.2 The disciplinary committee may resolve to surcharge the employee in full
or an amount proportionate to the offence.
11.7.3 In all surcharge cases, a show cause letter must be issued and the employee
allowed to submit their defence.
11.7.4 Surcharge cases should be implemented as follows;
a.) In monthly instalments that shall not exceed 25% of employee’s monthly basic salary;
b.) At termination or expiry of contract, any outstanding amount of surcharge will be settled from
the employee’s terminal dues; and
c.) The employee will sign an undertaking to the effect that on termination or expiry of the
contract period, any outstanding amount will be recovered from their terminal dues. The
undertaking will remain in force afterthe separation of the employee from Alville Royal, until
the full amount of surcharge is paid.
11.8Dismissal

11.8.1 In the event of failure to heed a final written warning, an employee will
be advised that he may face summary dismissal.
11.8.2 Summary dismissal shall be considered in the event that an employee
displays gross misconduct as defined under the Employment Act 2007.
11.8.3 A letter narrating the facts of the case and giving reasons why dismissal is
recommended will be sent to the employee and a copy of the letter placed
in his or her personal file. The employee will be provided with an
opportunity to respond within twenty one (21) days.
11.8.4 In conveying the decision of the dismissal, the employee shall be informed
of his right of appeal within six (6) weeks from the date of the letter
signifying dismissal.
11.8.5 An employee whose termination is through summary dismissal will be
entitled to payment of any terminal benefits in accordance with the
provisions of the pension scheme and prevailing laws
Chief Executive Officer: Date: 4th J

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