Page 24 - JDE Electrical Employee Handbook V1.1
P. 24

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.









                                                      Page 23 of 71
               ORC.DOC.JDE.V1.1
   19   20   21   22   23   24   25   26   27   28   29