Disciplinary Code and Procedure

Blueflame Technologies Ltd

[Last Edit: March 2025]

Disciplinary Processes and Procedures

Policy Overview

Our Disciplinary Action company policy explains how we address our employees’ misconduct or inadequate performance. Employees must be aware of the consequences of their actions. We use this policy to outline our disciplinary procedure(s).

Scope

This policy applies to all our employees.

Policy Details

The stages that may be followed when discipline is deemed necessary include the following:

1.       Verbal warning

2.      Corrective Actions/Counseling/Feedback (documented Process when the conduct subject of complaint is repeated)

3.      Official written reprimand to the offending employee

4.      Disciplinary meeting with appropriate supervisor or manager and HR Manager

5.      Final written warning

6.      Detraction of benefits

7.      Suspension or demotion

8.      Termination and ensuing procedures

Verbal Warning (Step 1)

This is a case where the offense warrants a formal warning. The nature of the offense must be explained to the employee from the beginning of any of the above procedures in the following manner where feedback model should be used by the supervisor:

1.       Offensive behavior identified

2.      Impact of the offensive behavior on the victim of such offending behavior (customer, partner, colleague, or host) explained

3.      Impact on interpersonal relationships explained

4.      Impact on the offender’s ability to execute their duties explained

5.      Desired behavior and applicable policies must be clearly explained

6.      Commitment from the employee of corrective action(s) should be obtained

The verbal warning may take the form of a simple oral reprimand but a full discussion if that is necessary for the offender to understand that a formal warning has been issued.

Documenting Feedback/ Warning Process (Step 2)

Where the offense is repeated and a verbal warning has been given, a documented formal feedback process should follow where the process in Step 1 above is documented.

Formal Reprimand (Step 3)

Where there is no change after steps 1 and 2 above, a formal reprimand should be issued. Step 2 above is followed with a formal warning and or reprimand to the offending employee.

The employee must read and sign the written reprimand and final written warning. These documents include the time limit in which an employee must correct their conduct before we take further disciplinary action. The following scenarios indicate where the disciplinary procedure starts depending on the violation:

Performance Issues.

Disciplinary procedure starts at stage 1. Where the performance issue has been handled under steps 1, 2 and 3 and there is no change, a formal disciplinary “Notice to Show Cause Why Employment Should Not be terminated” process may be commenced against the employee. The types of incidences warranting a formal process include but are not limited to:

1.       Failure to meet performance objectives agreed.

2.      Failure to satisfactorily perform agreed corrective actions agreed in steps 1 and 2. Evidence of such failure should be documented

3.      Failure to meet deadlines.

4.      Breach of appropriate performance related policy

Misdemeanors/One-time minor offense.

A misdemeanor is a minor offence or negligence scenario that affects the employee’s performance. Employees must understand that disciplinary procedures always start at step 1. It is applicable to but is not limited to the following scenarios where Steps 2 or 3 process(es) may be commenced against the employee:

1.       Rude behavior to customers or partners or Hosts.

2.      On-the-job minor mistakes that are considered sensitive and negatively impacting on client/victim relationships.

3.      Breach of dress code/code of conduct or any other policy.

4.      Negligence at the workplace

5.      Lateness

Misconduct/Frequent offender. 

Disciplinary procedure always starts at stage 1. However, where stages 1 and 2 have been exhausted and behavior has not changed, a formal disciplinary “Notice to Show Cause Why Employment Should Not be terminated” process may be commenced. Incidences warranting a formal disciplinary process includes but is not limited to the following incidences of gross misconduct and or negligence:

Lack of response to counseling and agreed corrective actions.

Lost temper in front of customers or partners or Hosts

On-the-job major mistakes and or negligence

Unwillingness to follow general health and safety standards.

Breach of any policy

3 to 5 incidences of negligence at the workplace (after stage 2)

3 to 5 incidences of lateness (after stage 2)

Severe offensive behavior. 

Disciplinary procedure starts at stage 1. However, where there is a severe offensive behavior, summary dismissal or a formal disciplinary “Notice to Show Cause Why Employment Should Not be terminated” process may be instituted against the Employee. Such scenarios include but are not limited to the following incidences of gross misconduct and or negligence:

1.       Breach of employment agreement and or gross negligence at work that render the employee liable to termination.

2.      Violation of any other existing policy that may be considered serious

3.      Embezzlement/Fraud/Theft by employee

4.      Substance abuse

5.      Insubordination

6.      Frequent cases of negligence at the workplace (after stage 2)

7.      Frequent cases of lateness (after stage 2)

Summary Dismissal

An employee may be summarily dismissed without notice or with less notice than is provided under the contract, where the employee has severely breached their contract of employment. In addition to the summary dismissal conditions indicated in the BT-MoH contract, the following breaches of duties warrant summary dismissal: -

1.       Absenteeism from work for 24 hours or more without leave or permission

2.      Intoxication or substance abuse during working hours or in the Host’s premises

3.      Exposing the host’s children to pornography

4.      Gross negligence or misconduct in the performance of one’s duties

5.      Where the Employee is violent or uses abusive language or conduct to the Host and or colleagues or person placed in authority over them

6.      Where the employee willfully refuses to follow instructions given

7.      Where the employee is arrested and charged for any cognizable offence under law

8.      Where the employee commits or on reasonable grounds is suspected of having committed a criminal offence against their Host or the Host’s property

9.      Where the employee has invited and or entertained their guest into the Host’s home without permission

Disciplinary Hearing and Procedure

Before termination of employment, other than cases of summary dismissal, whenever there is an issue of misconduct or negligence warranting termination of employment, an employee will be provided with a Notice to Show Cause why their employment should not be terminated. Notice to Show Cause may also be given to employees where: -

There is poor performance

Insubordination

Physical inability to perform their duties

Breach of policy warranting termination of employment

The Notice to Show Cause will be: -

In written form

Detail the behavior and offence, date, evidence, impact and policy/policies breached

State the reason(s) why BT is considering termination

State date of the formal hearing which should not be less than 14 days from the date of service where the employee will be expected to have: -

Filed a written response to the allegations leveled against them within 7 days of receipt of the Notice to show cause.

Provided evidence in support of their position

Indicated their preference not to file a written response but instead make a verbal representation

Disciplinary Hearing procedures

The Disciplinary Committee will comprise, the HR Manager and 2 other Officials of the Company one of whom will chair the process while the other document the process as secretary for purposes of the Hearing.

Attendance: The Complainant will be present. The Employee, who is expected to be present may bring a person of their choice to witness the process and or represent them such as a legal counsel

The Hearing: The issue(s) subject of the hearing will be read to the Employee by the Secretary of the process in a language that the employee understands and explained to them. They will indicate their understanding of the issues subject of the proceedings.

The employee will be given an opportunity to articulate their response to the issues raised. Counsel may represent the employee which may include an admission and or apology and request for reconsideration where the Employer may set terms thereof.

Clarifications of the Employee’s response many be sought by the chair of the Committee where appropriate and at the conclusion the Hearing will be adjourned for adjudication.

The Committee will deliberate and communicate their findings to the Employee at a date not later than 7 days from the date of the hearing which may be: -

Terminate the employment citing findings and reasons thereof

Discharge the Employee of the charges and continue with the employment

Discharge the Employee but set terms and conditions of continued service

Where there is a Termination, terms will be indicated whether the same shall be with or without any benefits accruing to the Employee stating reasons for such determination. In all instances the employee will be issued with a certificate of service indicating the start date and end date of service to BT.

End