 KEITUMETSE SEPOE

 EMPLOYEE RELATIONS UNIT

 MINISTRY OF HEALTH &
WELLNESS

1
2
PRESENTATION ON
DISCIPLINARY PROCESS

11 SEPTEMBER 2018

3
LEARNING OUTCOME

Be able to conduct a disciplinary

hearing

4
 What is Discipline?
Discipline is training especially
of the mind and character
aimed at producing self-control,
obedience e.t.c.
A set of rules for conduct
the practice of training people
to obey rules or a code of
behaviour, using punishment to
correct disobedience (
www.google.bw).
Why the need for discipline?

 To enforce compliance with the

rules and regulations
 If there was no discipline there
would be chaos as people would
have no limits or boundaries
Reasons for having a Disciplinary Procedure

For purpose of uniformity in the

application of the disciplinary
process
To promote fairness for both
employee and employer
There is therefore a need for those
officers tasked with the responsibility
to discipline subordinates to apply it
evenly i.e. punishment for similar
offences should be the same except
in exceptional cases but in general
 Disciplinary Process
 Disciplinary action against an employee who
commits an act of misconduct shall be prompt and in
accordance with the rules of natural justice (Public
Service Act No. 30 of 2008 39 (1)

 The rules of natural Justice are common – law rules

aimed at ensuring fairness, honesty, and
transparency in administrative hearings.

 These common law rules are applicable to

administrative inquiries and hearings and their
purpose is to ensure that public and/or
administrative bodies do not act arbitrarily
 Charging an employee (Inquiry
Letter)

1. When a supervising officer

becomes aware of any allegations
against an employee, he/she shall
make all necessary investigations
to establish whether or not an
offence has been committed.
2. The employee concerned should
be informed in writing of the
allegations and be required to
show cause why under the
circumstances, disciplinary action
Cont.
1. Where the investigation(s) indicates that the employee has
committed a criminal offence, the supervising officer shall
immediately notify the Police.
• Where the employee is convicted and sentenced to a prison
term without any option of a fine, the employee shall be
summarily dismissed from the service for impossibility of
performance, the procedure should be followed. Charge the
officer and deliver the letter were he is or his known
address. ( At NRH an officer was detained, he was charged,
the facility delivered the letter to him in prison, invited him
for a disciplinary hearing and he attended. Make every
arrangement to ensure that he sees the all letters in cases
were it comes back to us that we did not inform the officer)
• In a situation where an employee is sentenced to an
imprisonment term with the option of a fine and given a
suspended sentence, a disciplinary hearing shall be
conducted and appropriate disciplinary action taken in
accordance with the terms and conditions of employment.
Cont.
 The employee must sign one copy of the show
cause letter, as proof of having received it.
Where the employee refuses to sign, it has to
be recorded on the letter.
 Where an employee has deserted from work,
the notification letter shall be mailed to the
employee’s last known address through
registered mail. (challenge – facility using the
hospital address whereas the employee has
deserted)
 The employee must respond in writing to the
accusation(s) within a reasonable time.
 CHALLENGES

1. Failure to take action promptly and in accordance

with the rules of natural justice as outlined in
section 39 (1) of Public Service Act.
2. Not quoting the right statutes when charging
officers.
3. Not clearly outlining the offence to the employee
4. Sometimes accused not charged by immediate
supervisor. Example: an officer can be charged by
the Hospital Manager and later on the same
offence the Matron charges the offender
DISCIPLINARY HEARING
 INVITING AN EMPLOYEE TO A HEARING
1. If complainant is not satisfied with the offender’s
response then he/she should be invited to a
disciplinary hearing
 The invitation letter must clearly state the following:-

1. The exact date, venue and time of the disciplinary

hearing
2. The employee’s right to be accompanied by a co-
worker or trade union representative (the union rep
should show their ID)
3. The employee’s right to bring witnesses if any
4. And that hearing will be held in his/her absence
CHALLENGES

1. Postponement - when a hearing is

postponed the offender must be
informed in writing
2. Do not invite the employee verbally
about the hearing, everything
should be done in writing.
COMPOSITION OF A
DISCIPLINARY HEARING PANEL
The disciplinary hearing shall normally be
composed of the following:-
Chairperson (who is neutral)
Secretary
Employee (Accused/Respondent)
Union representative/colleague
Complainant
Interpreter (if need be).

Witnesses will be called in as and when required.

Cont.
Chairperson:
 The Chairperson of a disciplinary hearing shall be a
member of staff who is senior to the employee
charged and who has no first hand knowledge of the
alleged misconduct.
 Where it is not possible to get an independent
Chairperson, an officer from another Department or
Ministry may be requested to chair the hearing.
Complainant:
 Must be the immediate supervisor of the accused

Secretary:
 Should capture all the important points.
 Should be signed by all in attendance
DURING THE HEARING.
Where an employee fails to attend a
disciplinary hearing, the Chairperson shall
consider the following:-
• Whether or not the employee has
received the notification letter;
• Whether or not the accused employee
has tendered any apology as to why
he/she cannot appear before the
disciplinary hearing and reasons therein;
• Whether or not the accused employee
was informed that the disciplinary
hearing may be held in his/her absence,
if he fails to appear;
Cont.
If it appears that the accused employee was not aware of the
above points, the disciplinary hearing may be postponed
and re-scheduled.
1. If it is proved that the accused employee was aware of
the notification of the disciplinary hearing, the
Chairperson of the disciplinary hearing panel may give
him a second and last chance to appear before the
disciplinary committee.
2. The minutes should reflect the considerations which have
been taken into account in deciding to proceed with or to
postpone the hearing;
3. If the employee fails to attend the disciplinary hearing for
the second time without valid reasons, disciplinary
hearing shall proceed and disciplinary action taken in
his/her absence and he/she shall be notified of such in
writing.
Disciplinary Hearing
 Thechairperson welcomes and introduces everyone
present, and explains the purpose of the hearing;

 The Chairperson confirms the right of the accused

employee to representation; and the right to call
his/her witness(es) to give evidence;

 The Chairperson also informs the parties that each

party will be allowed to cross examine any witness(es)
called by the other party to give evidence;

 The Chairperson reads the statement of the alleged

offence(s) as captured in the show cause letter and
asks the employee whether or not she/he pleads
guilty to the offences;
Cont.
Where the employee pleads guilty
 the Chairperson shall then ask the employee to mitigate, by
bringing in factors that could be considered for a lighter
sanction;

 Chairperson then adjourns the hearing to consider mitigation

and makes a decision. The Chairperson may request the
complainant to give a background of the offence(s) so that
he/she makes an informed decision;

 Hearing reconvenes and the Chairperson pronounces the

sanction, giving reasons for such decision

Where the employee does not plead guilty

 the Chairperson shall then invite the complainant to state
his/her case;
Cont.
 The employee and complainant are afforded the
opportunity to cross examine witnesses from both
sides;

 The hearing adjourns to allow the Chairperson to make

a determination on whether or not the employee is
guilty;

 The hearing reconvenes and a verdict is announced and

reasons for such finding(s) are also stated for each of
the offences;

 Where the employee has been found guilty, he/she is

given an opportunity to mitigate (for a lighter penalty);
Cont.
 The hearing adjourns to allow the Chairperson to consider
the employee’s mitigation as well as other mitigating and
aggravating factors, if any, for an appropriate sanction;

 The hearing reconvenes and the Chairperson pronounces

the sanction/penalty imposed and the reasons for such;

 The Chairperson’s role is to merely recommend the

punishment to the Permanent Secretary and does
not have the authority to impose it.

 The employee is informed of his right to appeal as

stipulated in the conditions.
 The minutes should be be signed by all in attendance
CHALLENGES
1. Sometimes the officer is not informed of his/her rights invited
to a disciplinary hearing e.g. to bring a co-worker or union
representative
2. Not awarding the accused an opportunity to mitigate
3. Complainant who charged the offence is not the same as the
one at the hearing
4. Panel consist of the same cadre example if the accused is
under the administration cadre – the chairperson holds a
position in Admin and secretary are all from same unit
5. Minutes not signed by all parties concerned especially
Chairperson and accused
6. Not properly constituted disciplinary committee
7. Improperly summarised minutes
8. No clear recommendations by the Chairperson
PUBLIC SERVICE CHARTER
The Public Service Charter sets out the basic
principles of Public Service, by which Officers
are guided, both in their relations with each
other and in their dealings with the public
which they serve.

• Regard for the public interest

• Neutrality

• Accountability

24
PUBLIC SERVICE CHARTER CONT.

Freedom from corruption

Continuity

The duty to be informed

Due diligence

25
DEFINITION: CONDUCT
The manner in which a
person behaves,
especially in a particular
place or situation (Oxford
Dictionaries).

26
Public Service Act No 30 of
2008: Part IV: section 6
 EveryPublic Officer shall:
Provide effective and efficient service
to the public and to Government and
endevavour to give their best to meet
performance standards and other
organizational requirements
 utilise Government resources at their
disposal in an efficient, responsible and
accountable manner
Continuously improve their
performance in delivering services.

27
Public Service Act No 30 of
2008: Part IV: section 7
 Inmaking decisions every Supervising
officer shall:
have regard, primarily, to the
effectiveness and efficiency of the
public service
Prevent nepotism and patronage
Treat employees fairly and shall not
subject any employee to any arbitrary
or capricious administrative decision
Afford every employee a reasonable
avenue of redress against any improper
or unreasonable administrative decision
Not discriminate against any employee 28
 Grievance Procedure
Grievance Defined
 Real or imagined cause for complaint or
protest.
 Real because there is a valid reason to be
aggrieved
 Imagined because it is not correct that you
have been unfairly treated.
NB: Employee grievances are wide-ranging
and vary from general dissatisfaction with
wages and condition of service,
dissatisfaction regarding promotions or
training and lack of:
 facilities or inadequate equipment. 29
 Grievance Procedure Map

Supervisor
Grievance reported Grievance Appeal to
investigate Appeal
to immediate escalated to Permanent
circumstance in 5 to DPSM
supervisor HOD/Division Secretary
days

Grievance
End resolved
Resolution form
completed
End

Appeal to Public
Service
Commission or
DPSM Grievance Grievance
communicates Advise on the hearing
Department of
to the
heard by
case to DPSM panel
Labour employee the panel
appointed
Definition: Misconduct
In law, misconduct is
wrongful, improper, or
unlawful conduct
motivated by
premeditated or
intentional purpose or by
obstinate indifference to
the consequences of one's
31
 Particular Types of
Misconduct
a) Absent from duty without leave or
reasonable excuse
b) Sleep on duty
c) Engage in any activity outside his or her
official duties which is likely to involve
him/her in political controversy or to lead to
his/her taking improper advantage of
his/her position in the public service
d) Engage in any gainful occupation outside
the public service without the consent of
the prescribed authority
e) Sexual harassment of one employee by
another or by person in authority over
another in the public service 32
Continu…
e) Appoint or promote any person on a
course of training on the basis of
affinity, amity, amorous relationship,
tribe, favouritism or any other than on
merit based on fair and open
competition
f) Otherwise conduct himself/herself in a
disgraceful, improper or unbecoming
manner, or, while on duty, is grossly
discourteous to members of the public
or any person

33
 Serious Misconduct
a) Habitual or wilful neglect of duty
b) Wilful disobedience of lawful or
reasonable orders given by the employer
c) Wilful, expressed or implied,
misrepresentation by the employee in
respect of his or her skills or qualifications
d) While on duty, the employee is under the
influence of an intoxicating, unauthorized,
habit forming and and/or stupefying
drugs, including alcohol
e) wilful refusal to obey or comply with
any safety rules or practices for the
prevention or control of accidents or 34
 Continua…Serious
f.
Misconduct
Refusal to obey security regulations
g. Work performance below average despite
warnings
h. Persistent absence from work without
permission
i. Wilful disclosure of confidential information
where such disclosure has not been
authorised by Government
j. Offering or receiving bribes
k. Acts of theft, misappropriation or wilful
dishonesty against government, another
employee, or a client of Government
l. Serious damage to Government property
caused by wilful gross negligence 35
 Continua…Serious Misconduct
n) Loss of Government funds caused by wilful
or gross negligence
o) Accepting a gift without declaration
p) Assaulting, or attempting to assault, or
threatening to assault another employee or
person while on duty
q) Performing work for compensation in a
private capacity during or outside working
hours, without authority from the employer
r) Carrying or keeping firearms or other
dangerous weapons on Government
premises, without authority from the
employer
s) Falsifying records or any other 36
 Punishments for
Misconducts
a) A reprimand
b) Stoppage on increment
c) Deferment of increment
d) Reduction of salary to a lower point
on the salary scale attached to the
post in question
e) Demotion
f) Suspension from duty without pay
for a period not exceeding one
month
g) dismissal 37
END OF PRESENTATION!!!

THANK YOU

38