Purpose and scope

This policy outlines the steps Cybexo, Inc. will take to handle any disciplinary issues.

Disciplinary issues include allegations and/or complaints made about a staff member, a breach or breaches of Cybexo, Inc. policies and procedures, including the Code of Conduct and/or non- performance of duties where performance improvement planning has concluded and has not been successful.

This policy applies to all Cybexo, Inc. employees, and will be applied consistently and fairly. Where an employee’s conduct is not described in this policy, the employee’s conduct may still be subject to disciplinary action, up to and including dismissal.

Accountabilities

Managers of Cybexo, Inc. will address non-performance and potential disciplinary issues in a prompt and timely manner and in accordance with this policy.

Procedural Fairness

To ensure procedural fairness where an allegation may lead to a formal disciplinary process, Cybexo, Inc. will ensure;

  • The employee is informed of his/her right to be represented or bring a support person at any stage of the process.
  • The employee receives notification of the specific allegation.
  • The employee is notified of the possible consequences should the allegation be substantiated.
  • An employee receives notice of the specific allegation, the seriousness of the allegation, and ofthe possible consequences should the allegation be substantiated.
  • The employee has the opportunity to provide an explanation in relation to the allegation.
  • The employee’s explanation is given full consideration.

Any matters discussed by the Manager and an individual employee in relation to a disciplinary matter will be kept strictly confidential.
For every disciplinary matter that is discussed, a record should be kept on the personnel file.

Procedure
Preliminary Investigation / Interview

During any instances of misconduct or unsatisfactory performance, a management representative will conduct a preliminary investigation to determine the extent of the allegation. This could involve but is not limited to interviewing anyone who may be able to act as a witness to the allegations, including the employee concerned, and reviewing any CCTV footage that may be available.

The employee will be advised that, while the preliminary interview is not a formal disciplinary meeting, depending on the information they provide, a disciplinary process may be instigated as a result.

Following the investigations, If the allegations are lacking substance and no further action is warranted, a note will be made as to why the matter was not taken further. If the allegations are not deemed to be serious of nature, the corrective action may be informal coaching and will be documented on the employees file.

Formal Meeting

A formal disciplinary process may be invoked following the investigation.
In instances where this occurs:

  • The employee will receive written advice detailing the specific allegation(s) or grounds for disciplinary action.
  • The employee will be provided with copies of any documents which it intends to use in the disciplinary meeting, this includes but is not limited to, witness statements, investigation report, CCTV footage (if available).
  • The employee will be given reasonable notice of the meeting to seek advice and/or representation.
  • During the meeting the employee will be given the opportunity to respond to allegations. Should the employee choose not to attend the meeting, the meeting will take place in their absence and the outcome will be based on the facts of the investigation.
  • Should the employee request another date/time to hold the meeting to allow their representative / support person to attend Cybexo, Inc. will allow this, so long as the timeframe is considered to be reasonable.
  • Meetings will be conducted with 2 representatives of Cybexo, Inc., this will normally be the employee’s manager and another senior manager or colleague.
  • Notes will be taken at the meeting by one of the Cybexo, Inc. representatives. These are not verbatim notes.
  • All responses, evidence and other relevant information will be considered by the decision maker(s).
  • The outcome will be delivered at a separate meeting, after full consideration of the facts and explanation provided. The employee will be provided with another opportunity to seek their views at this meeting prior to the final decision being communicated.
  • Written confirmation of the outcome will be in written format, following the outcome meeting.

Warnings / Summary Dismissal

Misconduct and poor performance related issues will go through a stepped warning process before dismissal can occur.

Where it has been determined that serious misconduct has occurred, Cybexo, Inc. can summarily dismiss the employee without any prior warnings.

Misconduct:

  • Fraudulent timekeeping.
  • Absence from work without good reason.
  • Unsatisfactory work performance.
  • Refusal to obey reasonable and lawful instruction.
  • Poor maintenance of tools of trade for which he/she is responsible.
  • Damage as a result of negligence.
  • Failure to wear protective clothing or equipment where supplied.
  • Failure to observe security and safety regulations.
  • Smoking in a “No Smoking” area.
  • Being in an “out of bounds” area without authorisation or without good reason.
  • Failure to observe company policies or procedures.
  • Use of abusive and/or derogatory and/or offensive language or signs.

Serious Misconduct:

  • Injury to others through negligence.
  • Un-authorised possession of alcohol or non-medicinal drugs on work premises or during working hours.
  • Possession of dangerous weapons on work premises.
  • Assault
  • Threat of Assault / Intimidation or incitement to violence.
  • Committing unsanitary acts.
  • Willful damage to company and/or customer property or equipment.
  • Unlawful possession of company property.
  • Under the influence of alcohol or drugs.
  • Driving company vehicle/equipment without authority.
  • Dishonesty during the course of employment.
  • Divulgence of confidential company information.
  • Deliberately supplying incorrect or falsified information.