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• The action complained of/alleged requires investigation and it is considered by the Company that it is
undesirable for the employee to remain on duty.
• During the period of suspension, the employee will not be entitled to access to any of the Company's
premises except with the prior consent of the Company and subject to such conditions as the Company
may impose.
For the avoidance of doubt, by the signing of your written contract of employment and/or the signing of this
Handbook, you hereby give your prior consent and authority in writing for any deduction from your
remuneration of whatever nature to be made pursuant to the terms of your employment contract whether such
term or terms be oral, written, express, or implied, pursuant to Section 5 of the Payment of Wages Act, 1991,
and in particular for a deduction consisting in whole or in part of a deduction of wages or other remuneration
by reason of your suspension without pay.
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.
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