Page 27 - ITM Employee Handbook September 2020

3.1.6 Appeals
The employee has the right to appeal against any disciplinary action taken against him/her. An
employee wishing to appeal should lodge a Notice of Appeal in writing within 5 working days after the
date of effective termination of their employment or receipt of written warning or disciplinary action,
stating whether or not they wish to be represented at the hearing and giving the name of their
representative and also naming any witnesses who they wish to call, and no disciplinary sanction shall
take effect until after the time for lodging an Appeal has expired, or until after the Appeal has been
determined as the case may be.

Appeals will be heard by a MANAGER or (at the Company's election) by any other suitable person who
has had no previous involvement in the case. Within 5 days of the receipt of such a notice of appeal
the Company will write to the employee and his/her representative, giving not less than 3 working
days’ notice of the hearing.
The proceedings will normally take the following form:

• The Company representative who sanctioned or dismissed the employee shall briefly outline
the grounds for the sanction or dismissal. They will then submit any documentary evidence
and call any witnesses necessary in support of his/her action, and after questioning them, the
employee and person conducting the proceedings may question them further.

• The employee or their representative will briefly state the grounds of appeal.

• The employee will submit any documentary evidence and call any witnesses necessary to
support their appeal.
• The Company representative will summarise the evidence for disciplinary sanction.

• The employee will summarise the grounds for their appeal.

• The person conducting the proceedings will consider their conclusions and write to the
employee to convey the Company's decision, following the hearing.

An appeal can be made on the following grounds;
a) Where the employee believes that the disciplinary decision is unjust or;

b) Where the employee contends that a matter of fact has been omitted or, if referred to at the
disciplinary meeting, that fact has not been properly taken into account in reaching the
decision or;
c) Where the employee contests the appropriateness of the type of disciplinary action decided
upon.

3.1.7 Disciplinary Rules
The disciplinary rules set out hereunder are provided to indicate the standards of performance and
behaviour at work, which can reasonably be expected from employees. It is impossible to list all
possible acts of indiscipline, which could occur in any employment, and it should therefore be noted
that the rules indicated below are not exhaustive and can serve only as a guide.

3.1.8 Misconduct
Except in trivial cases which will be treated as misdemeanours the following are examples of actions
which constitute misconduct and may lead to summary dismissal: -

• Refusal to carry out reasonable instructions from a MANAGER, Manager or Supervisor.

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