Nazareth Care Logo - Landscape Version - Medium-res - white

Nazareth Care
Resource Centre

Human Resources Guide

This guide is issued on the understanding that the employee will read, thoroughly understand, and uphold its contents. This Human Resources Guide is available online to every permanent employee and will be updated as and when necessary. It supersedes all previous “Policies” and “Codes” issued within the Nazareth House fraternity.

This guide sets out the terms and conditions of your employment with Nazareth House African Region. Any reference in this guide to the Manager (HR department / HR) should be read to refer to the relevant Manager/member or her/his duly authorised subordinate, tasked with overseeing the Human Resources function of Nazareth House.

As a responsible employer, Nazareth House African Region continually reviews its terms and conditions of employment. Accordingly, Nazareth House African Region may vary the contents of this Human Resources Guide, the Contract of Employment and the documents referred to in them, from time to time, to take account of changes in statutory, commercial, operating or other circumstances.

Any variation will be effected and implemented within the parameters set by any legislation in place at the time. Details of any variation will be set out in written notices issued by Nazareth House African Region.

CHANGES IN PERSONAL CIRCUMSTANCES

It is vital that Nazareth House‘s records are kept up-to-date. It is your responsibility to notify (and to ensure that you obtain acknowledgement of receipt) in writing or by e-mail from the Manager of any change in your personal details. For example, any change of address, marital status, next-of-kin, details of the bank account into which your salary is paid, additional qualifications, etc.

CONTRACT OF EMPLOYMENT

Your Contract of Employment with Nazareth House comprises the following:
• Offer Letter or Service Agreement; and
• Staff handbook.
These documents form the legal basis of your employment with Nazareth House.

TERMS AND CONDITIONS OF EMPLOYMENT

The date of commencement of your employment is either as stated in your Offer Letter or Service Agreement or in any other written notification. Unless otherwise notified to you in writing, no period of employment with any previous employer counts as part of your continuous employment with Nazareth House African Region.

PROBATION

Unless otherwise stated in your Offer Letter, you will be subject to a probationary period of 3 (three) months. During the probationary period your performance, reliability and compatibility will be assessed and scrutinised.

Should your performance, reliability and compatibility be found to be unacceptable, Nazareth House African Region may extend your probationary period or it may terminate your employment, entirely in the discretion of Nazareth House. Should your employment be terminated it will be in accordance with the provisions of the clause dealing with termination.

YOUR DUTIES AND OBLIGATIONS

During your employment with Nazareth House African Region you are required to: –
perform all and any such duties and functions as are from time to time assigned to you and you acknowledge and accept that the nature and scope of the duties and functions may be altered and/or varied and/or extended by Nazareth House African Region from time to time;
comply with all and any reasonable instructions issued by any of your superiors;
not engage in any activities that would detract from the proper performance of your duties nor to be engaged in any other kind of business in competition with or conflicting with the business of Nazareth House African Region;
be true, faithful and loyal to Nazareth House African Region in all dealings and transactions relating to the business and interest of the organization and to endeavour to protect and promote Nazareth House African Region’s business, reputation and goodwill;
always act in the best interests of Nazareth House and not ever do anything that would be to the detriment of the organization;
devote the whole of your time and attention during Nazareth House’s working hours and such additional time as may require, to the business affairs of Nazareth House and to your duties in terms of your employment with Nazareth House African Region;
provide Nazareth House upon acceptance of the terms of the Offer Letter with –
o Certified copies of your qualifications,
o Salary payment instructions – bank account details,
o Personal particulars, and
o Certified copies of the first page of your ID Book and your driver’s license.
undertake not to use and/or make use of, in whatsoever way, the Nazareth House’s brand, name, facilities and equipment, in any way other than in furtherance and/or support of the aims and obligations set out in your contract of employment and this Staff handbook. You specifically undertake not to use the Nazareth House African Region’s brand, name, facilities and equipment for personal, private, or other business (other than Nazareth House) promotion.

ORGANISATION POLICY REGARDING ADDITIONAL EMPLOYMENT

Employees have a contractual agreement with Nazareth House African Region and must refrain from participating in any other business venture and/or render services to any other entity (other than Nazareth House), without first having obtained Nazareth House’s written permission to do so. This prohibition is applicable to all work performed by you on any day or night of any week whilst in the employ of Nazareth House African Region. Source: HR Policy written on Moonlighthing.

INFORMATION AS PER THE BASIC CONDITIONS OF EMPLOYMENT ACT, ACT 75 OF 1997 (BCEA)

ANNUAL LEAVE

Basic Conditions of Employment legislation requires that workers get a minimum of 15 consecutive days of annual leave each year. Nazareth House does not pay workers instead of granting annual leave and can only do so when employment is terminated.

The provision for annual leave does not apply to 
• workers who work less than 24 hours a month
• leave over and above that provided for by the Act.

Number of Leave Days
Workers must get annual leave of at least –
• 15 consecutive days, or
• 1 day for every 17 days worked, or
• 1 hour for every 17 hours worked.

Timing of Leave
Both the employer and worker should agree to the timing of leave. If they cannot agree, the employer makes the final decision. Leave must be granted not later than 6 months after the end of the annual leave cycle (12 month periods from date of employment).

Pay Instead of Annual Leave
Employers may not pay workers instead of granting leave, except on termination of employment.

FAMILY RESPONSIBILITY LEAVE

Number of Leave Days
Full time workers may take 3 days of paid family responsibility leave during each annual leave cycle (12 month periods from date of employment). Family responsibility leave expires at the end of the annual cycle.

Workers Excluded from Family Responsibility Leave
The provisions for family responsibility leave do not apply to workers who work less than –
• 4 months for their employer;
• 4 days a week for one employer;
• 24 hours a month, or to
• leave over and above that provided for by the Act.

Reasons for Family Responsibility Leave
You may take family responsibility leave:
• when your child is born;
• when your child is sick;
• in the event of the death of your
o spouse or life partner;
o parent or adoptive parent;
o grandparent;
o child or adopted child;
o grandchild; and
o sibling.

Proof
Employers may require reasonable proof of the birth, illness or death for which a worker requests leave.

MATERNITY LEAVE

Pregnant women may take 4 consecutive months of maternity leave.

Timing of Leave
Workers may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. Workers may not go back to work within 6 weeks after the birth unless their doctor or midwife says it is safe.

Safety of pregnant or Nursing Workers
A worker who is pregnant or nursing may not do work that is unsafe for her or her child. This must and can only be certified by a qualified medical practitioner.

 

NAZARETH HOUSE-SPECIFIC LEAVE

SICK LEAVE

Number of sick days
Workers may take the number of days they would normally work in a 6-week period for sick leave on full pay in a 3-year period. For example, if you work 5 days in one week (5×6=30) you will be entitled to 30 days over a period of 3 years. However, during the first 6 months of employment, workers are only entitled to 1 day of paid sick leave for every 26 days worked.

Proof of Illness
Nazareth House requires a medical certificate before paying workers who are absent for more than 2 consecutive days, or who are often absent (more than twice in an 8-week period).

WORKING ON SUNDAYS

The section of the BCEA Act that regulates working hours does not apply to:
• employees in senior management;
• employees who work less than 24 hours in a month; and
• employees who earn more than R 205,433 per year.

The earnings threshold is significant as employees who earn in excess of the threshold (now R17 119.41 gross per month) are excluded from the protection offered by the BCEA in terms of sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3).

Pay for Work on Sundays
Employees, who do not usually work on a Sunday, must get double the normal hourly wage.
Employees who usually work on a Sunday must get 1.5 times the normal hourly wage.
Employeess who usually work on a Sunday, but work less than their ordinary shift, must get their normal daily wage.

Paid Time Off
Instead of getting a higher rate, workers may agree to get paid time off in-lieu in exchange for working on a Sunday.

PUBLIC HOLIDAYS

Public Holidays shall be granted in accordance with the Basic Conditions of Employment Act’s provisions; where and as published in the relevant Government Gazette(s).

 

PROTOCOL FOR COIDA (FORMERLY KNOWN AS WCA) INJURIES

The purpose of Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993 is to provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.
The Compensation for Occupational Injuries and Diseases Act (COIDA) applies to:
All employers; and casual and full-time workers who, as a result of a workplace accident or work-related disease:
 are injured, disabled, or killed; or
 become ill.

Process
• Any injury on duty must be reported within 24 hours from date of accident.
• Employees making use of vehicles during business hours to travel will be covered for Occupational Injuries and Diseases (WCA) as this is regarded as on duty time.
• Any injury outside the premises of the insitution cannot be regarded as an injury on duty (injury to or from work is excluded).
• Nazareth House African Region will determine whether the case must be referred to a Doctor.
• A witness is required to verify the accident/injury.
• A Report of the accident must be completed by the Facilty Manager. This report must be submitted to the Doctor.
• A certified copy of I.D. of the staff member concerned is also required.
• The specified General Practitioner must be consulted.
• A Doctor must issue a First Medical Report for Nazareth House with the first consultation and this must be handed to the Unit Manager
• Please note that follow up visits to the Doctor are very important.
• With each visit to the Doctor, a Medical Report must be issued and handed to the Facility Manager: (Progress Report, Final Report and Resumption Report).
• The Resumption Report must be completed by Nazareth House after the Doctor has finalised the case.
• The Compensation Commissioner can only finalise the case upon receipt of all relevant documentation has been submitted.
• The WCA facility may not be abused and should a member of staff be found guilty of this, they will face a disciplinary enquiry
• Nazareth House African Region will at their discretion make transport available to employees who have to be transported after an injury on duty. Employees should in no way expect such transport as an entitlement.

The following will apply
• If the employee is booked off due to an IOD for 3 days or less, the Compensation Fund does not pay compensation. Therefore, the employer does not need to pay the injured employee any payment. (Sick leave)
• If the employee is booked off due to an IOD for 4 days or longer, but less than 3 months, the employer pays the injured employee at a rate of at least 75% of the workers earning, from the first day, until the employee returns to work.
• If the employee is booked off due to an IOD for a period longer than 3 months, the employer pays the injured employee at a rate of at least 75% of his/her earnings, for the first 3 months. Once the 3 month period expires, the injured employee must claim his/her money from the Compensation Fund himself/ herself

The objective of this section is to provide a uniform disciplinary code of practice for Nazareth House African Region to ensure that all employees are treated in a fair and consistent manner in circumstances where disciplinary action is required.

It is the responsibility of Management to maintain discipline within the organisation and the code recognises the right of Management to initiate disciplinary action against any employee where circumstances so warrant.

The disciplinary procedure will be initiated against any employee who contravenes the disciplinary code, or who acts against the interests of Nazareth House African Region and/ or resident of Nazareth Houses or who commits any social, criminal or other offence.

The disciplinary measures include a verbal warning, a written warning, a final written warning and dismissal. Punitive suspension and demotion may only be given as alternatives to dismissal.

Terminations of employment for reasons of incapacity, incompatibility, retrenchment, ill health or retirement are excluded from this procedure.

A disciplinary code, setting out a schedule of offences and possible penalties formulated by Nazareth House African Region is below.

The authority to initiate disciplinary action is vested in management. Such management will be referred to as authorised officials. Authorised officials are those staff members with the equivalent or senior status to Chief Executive Officer.

Procedure
a) In cases where, prima facie, it appears as if the appropriate penalty may be a dismissal, a disciplinary enquiry must be convened.
b) The authorised officer must determine whether there is adequate proof to suggest that the offence has been committed before taking the appropriate disciplinary action.
c) Other disciplinary procedures shall be less formal. No decision regarding disciplinary action will be taken without first providing the employee with the opportunity of defending himself/ herself, unless Nazareth House African Region cannot reasonably be expected to provide this opportunity.
d) For record purposes the presiding officer may use the “Disciplinary Enquiry: Minutes of Proceedings” form in cases where a dismissal appears to be the appropriate penalty.
e) In all cases of organisational discipline, only in-house representation from Nazareth Houses employees will be allowed.

TYPE

NR

NATURE OF OFFENCE

CATEGORY

DISCIPLINARY ACTION

 

 

 

 

 

 

 

 

 

 

 

Minor /

Less Serious / Serious

 

FIRST OFFENCE

 

SECOND OFFENCE

 

THIRD OFFENCE

 

FOURTH OFFENCE

1.             ATTENDANCE OFFENCES

1.1

Late for work or leaving work early without good reason or failing to sign in / out

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

1.2

Unwarranted absence from place of work without good reason

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

1.3

Absence – away from work for three or more working days without permission, or without good reason (Desertion / Abscondment)

Serious

Dismissal

 

 

 

 

1.4

Absence from work without proper authorization from your superior / manager.

Serious

Final Written Warning

Dismissal

 

 

 

1.5

Fraudulent timekeeping or signing another employee’s attendance register

Serious

Dismissal

 

 

 

 

1.6

Failure to produce a medical certificate for illness on a Monday or a working day just before or after a public holiday.

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

1.7

Leaving the premises without permission

Serious

Final Written Warning

Dismissal

 

 

 

1.8

Abuse of sick leave

Serious

Final Written Warning

Dismissal

 

 

 

1.9

Failure to return for  duty timeously after lunch or tea breaks

Minor

Counselling

Written Warning

Final Written Warning

Dismissal

 

1.10

Absent without notification to superior / manager

Serious

Written Warning

Final Written Warning

Dismissal

 

2.        WORK OUTPUT OFFENCES

2.1

Poor performance (low quantity of output and unsatisfactory attitude to such performance)

Minor

Counselling

Written Warning

Final Written Warning

Dismissal

 

2.2

Sleeping on duty

Serious

Final Written Warning

Dismissal

 

 

 

2.3

Indulging in any go-slow practices

Serious

Final Written Warning

Dismissal

 

 

 

2.4

Incitement to strike or industrial action

Serious

Dismissal

 

 

 

 

2.5

Intimidation or sabotage

Serious

Dismissal

 

 

 

 

WORK OUTPUT OFFENCES CONTINUE

2.6

Refusal to obey reasonable instructions related to work / insubordination

Serious

Final Written Warning

Dismissal

 

 

 

2.7

Refusal to work

Serious

Dismissal

 

 

 

 

2.8

Failing to comply with any provisions contained in the policies of the employer

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

2.9

Using      cellphone                during business hours

Minor

Verbal Warning

Written Warning

Final Warning

Dismissal

 

2.10

Moonlighting (having two jobs without permission from manager / superior)

Less Serious

Final Warning

Dismissal

 

 

3.             QUALITY OF WORK OFFENCES

3.1

Poor quality of and / or not working to standards or carelessness

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

3.2

Proof of inadequate performance

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

3.3

Poor maintenance of vehicle / machinery / equipment

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

3.4

Wastage of supplies or material

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

3.5

Abuse of the organisation’s property

Serious

Final Written Warning

Dismissal

 

 

 

3.6

Negligent or malicious damage to equipment or material

Serious

Final Written Warning

Dismissal

 

 

 

3.7

Injury to others through negligence or horseplay

Serious

Final Written Warning

Dismissal

 

 

 

3.8

Negligent and / or malicious harm / assault caused to another employee

Serious

Dismissal

 

 

 

 

3.9

Unauthorized possession of the organis ation ’ s property

Serious

Dismissal

 

 

 

4. SOCIAL OFFENCES

4.1

Possession of dangerous weapons at work on the organisation’s premises without permission

Serious

Dismissal

 

 

 

 

4.2

Assault, violence or fighting on duty

Serious

Dismissal

 

 

 

 

4.3

Threat of assault or violence towards a resident or employee

Serious

Dismissal

 

 

 

 

4.4

Threat of assault to supervisor / manager

Serious

Dismissal

 

 

 

 

4.5

Intimidation or incitement to violence

Serious

Dismissal

 

 

 

 

4.6

Racial or sexual discrimination

Serious

Dismissal

 

 

 

 

4.7

Sexual assault or harassment

Serious

Dismissal

 

 

 

 

4.8

Committing unsanitary acts

Serious

Final Written Warning

Dismissal

 

 

 

4.9

Any action considered detrimental to the interests of the employer

Serious

Final Written Warning

Dismissal

 

 

 

4.10

Intentional endangering of other’s safety

Serious

Final Written Warning

Dismissal

 

 

SOCIAL OFFENCES CONTINUE

4.11

Adopting an insolent attitude towards any superior / manager

Serious

Final Written Warning

Dismissal

 

 

 

4.12

Distribution of inappropriate, obscene, or degrading publications

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

4.13

Displaying discourtesy towards any person / client in the execution of duties

Less Serious

Written Warning

Final Written Warning

Dismissal

 

4.                     ATTITUDINAL OFFENCES

5.1

Smoking in a “No Smoking” area

Serious

Final Written Warning

Dismissal

 

 

 

5.2

Being in an “out of bounds” area without authorization or without good reason

Serious

Final Written Warning

Dismissal

 

 

 

5.3

Use of abusive and / or derogatory and / or offensive language or signs or insulting behavior towards colleagues, superiors and / or residents

Serious

Final Written Warning

Dismissal

 

 

 

5.4

Gross insubordination, serious disrespect, impudence or insolence

Serious

Dismissal

 

 

 

 

5.5

Gross negligence

Serious

Dismissal

 

 

 

 

5.6

Breach of employees’ duty of good faith to the organisation

Serious

Final Written Warning

Dismissal

 

 

 

5.7

Failure to wear protective clothing, equipment or uniform where supplied

Serious

Final Written Warning

Dismissal

 

 

 

5.8

Conduct unbecoming of an employee resulting in actual / or potential harm to a client or the employer or a resident

Serious

Dismissal

 

 

 

 

5.9

Failure to observe security and safety regulations

Serious

Final Written Warning

Dismissal

 

 

 

5.10

Elderly / Child Abuse as per Elderly / Children’s Act

Serious

Dismissal

 

 

 

5.                     PROPERTY OFFENCES

6.1

Willful damage to the organisation’s materials, equipment, possessions or property

Serious

Dismissal

 

 

 

 

6.2

Industrial sabotage

Serious

Dismissal

 

 

 

 

PROPERTY OFFENCES CONTINUE

6.3

Driving the organisation’s vehicle without authority

Serious

Dismissal

 

 

 

 

6.4

Driving the organisation’s vehicle whilst under the influence of alcohol or drugs, or dur ing th e conviction of a

serious traffic offence

Serious

Dismissal

 

 

 

 

6.5

Unauthorized use and / or abuse of telephone or internet facilities

Less Serious

Written Warning

Final Written Warning

Dismissal

 

7. DISHONESTY & TRUST RELATED OFFENCES

7.1

Submitting false documentation, information, or CV during application for employment

Serious

Dismissal

 

 

 

 

7.2

Submitting of false information regarding previous misconduct or criminal offences

Serious

Dismissal

 

 

 

 

7.3

Giving false evidence or making of a false statement

Serious

Dismissal

 

 

 

 

7.4

Gross dishonesty

Serious

Dismissal

 

 

 

 

7.5

Submitting of false medical certificate

Serious

Final Written Warning

Dismissal

 

 

 

7.6

Revealing of confidential information to unauthorized person

Serious

Final Written Warning

Dismissal

 

 

 

7.7

Submitting of false information to obtain family responsibility leave

Serious

Final Written Warning

Dismissal

 

 

 

7.8

Dishonesty during employment

Serious

Final Written Warning

Dismissal

 

 

 

7.9

Divulgence of confidential organizational information

Serious

Dismissal

 

 

 

 

7.10

Deliberately  supplying incorrect or falsified information on documentation

Serious

Dismissal

 

 

 

 

7.11

Any other reason recognized in law as being sufficient grounds for instant dismissal

Serious

Dismissal

 

 

 

 

7.12

Theft of organizational or another employee’s or resident’s property

Serious

Dismissal

 

 

 

 

7.13

Victimization

Serious

Final Written Warning

Dismissal

 

 

 

 

8.             SUBSTANCE OFFENCES

8.1

Possession of illegal drugs and / or substances while on duty

Serious

Final Written Warning

Dismissal

 

 

 

8.2

Reporting for duty while under the influence of liquor / narcotics or the use of alcohol / narcotics while on duty

Serious

Final Written Warning

Dismissal

 

 

9.                OCCUPATIONAL HEALTH & SAFETY OFFENCES

9.1

Intentional or reckless interference with health and safety measures or the serious abuse of health and safety equipment

Serious

Final Written Warning

Dismissal

 

 

 

9.2

Negligence regarding health and safety, non-compliance with a safety or health measure or with a lawful instruction regarding health and safety or failure to report an incident or unsafe situation

Less Serious

Final Written Warning

Dismissal

 

 

10. NURSING

PROFESSION OFFENCES

10.1

Non-completion of daily medical chart / report in advance

Serious

Final Written Warning

Dismissal

 

 

 

10.2

Not reporting child or elderly to hospital after an accident occurs

Serious

Dismissal

 

 

 

 

10.3

Elderly or Child abuse, disrespect towards resident or children

Serious

Dismissal

 

 

 

 

10.4

Leaving resident or children unattended

Less Serious

Final Written Warning

Dismissal

 

 

 

10.5

Resident / Child handled with excessive force

Serious

Dismissal

 

 

 

 

10.7

Alleged theft of resident’s or children’s property / belongings

Serious

Dismissal

 

 

 

 

10.9

Failure to record medicine chart when issuing resident’s medicine

Less Serious

Written Warning

Final Written Warning

Dismissal

 

 

10.10

Uncounted medicine

Serious

Dismissal

 

 

 

 

10.11

Failure to follow protocol / policy when counting drugs / medicine

Less Serious

Final Written

Dismissal

 

 

 

10.12

Failure to be observant over elderly

/ children

Serious

Final Warning

Dismissal

 

 

 

10.13

Fraudulent recordkeeping

Serious

Final Warning

Dismissal

 

 

 

10.14

Nursing Documents (Record at daily care, pressure care etc.) not done on time,

Serious

Final Warning

Dismissal

 

 

 

10.15

Unauthorized usage of resident property for own private use

Serious

Final Warning

Dismissal

 

 

 

10.16

Non-completion of medical routine checks on residents / children

Serious

Final Warning

Dismissal

 

 

11. COVID-19

OFFENCES

11.1

Not wearing PPE – face shield, mask, gloves, mop cap, gowns, shoe covers, aprons – as per organizational COVID-19 protocols

Serious

Final Written Warning

Dismissal

 

 

 

11.2

Not keeping 1.5m social distancing at all-times (even during lunch / tea times) – as per organizational COVID-19 protocols

Serious

Final Written Warning

Dismissal

 

 

 

11.3

Not adhering to any other organizational COVID-19 policies / protocols

Serious

Final Written Warning

Dismissal

 

 

Any misconduct not specifically covered in the code will be dealt with according to the seriousness of the offence.

Note
The code makes provision for progressive disciplinary actions in each category of offence. Discipline will therefore be taken progressively in each category of offence and not necessarily only in regard to a specific offence. The disciplinary action prescribed by the code may be deviated from where justified by the particular circumstances of the case. Accordingly, such action may be more severe than the prescribed guideline where aggravating circumstances exist, or less severe where mitigating circumstances exist. In certain circumstances and in the case of certain offences, dismissal even for a first offence would be appropriate.

STAGE 1: BEFORE THE ENQUIRY
• Employee to be notified in writing of the pending disciplinary enquiry (Annexure IV)
• The following requirements must be met:
• Notification to be given 48 hours before the actual hearing
• Charge(s) against the employee to be specified
• Employee informed of right to representation by a fellow employee/ adduce evidence/ lead witnesses

STAGE 2A: THE PLEA AND DETERMINATION OF GUILT
• Charge(s) put to the employee who must plead guilty or not guilty
• If he/ she pleads guilty, ensure that the charge is understood and if it is, move to stage 3
• If the employee pleads not guilty, evidence must be led as follows:
1. Complainant’s statement followed by cross-examination (if appropriate)
2. Witnesses in support of the case give evidence, followed by cross-examination
3. Employee’s statement followed by cross-examination
4. Employee witnesses lead by employee, followed by cross-examination
STAGE 2B:
• A decision concerning guilt must then be made (Presiding Officer to consider proven evidence on a balance of probabilities) and the Presiding Officer may adjourn in order to consider the information gained
• If an employee is guilty, proceed to stage 3. If found not guilty, the employee is excused and the incident may not be taken into consideration again.

EXAMINE THE ALLEGATIONS AND THE EMPLOYEE’S RESPONSE IN THE LIGHT OF:
• Whether or not the employee contravened a rule/ standard regulating conduct in or of relevance to the workplace;
• Whether the rule/ standard was valid and reasonable;
• Whether the employee was aware/ could reasonably be expected to be aware of the rule/ standard
• Whether the rule/ standard has been consistently applied;
• Whether dismissal is an appropriate sanction

STAGE 3: PENALTY CONSIDERATION
• The employee should be requested to plead in mitigation and the Presiding Officer is to take due consideration of:
• Employee length of service
• Previous disciplinary record
• Personal circumstances
• Whether a continued employment relationship has become intolerable due to the employee’s conduct

STAGE 4: NOTIFICATION OF PENALTY
The employee must be notified in writing of the decision taken and the reasons for the finding. If dismissal is decided on, the employee is to be informed of his/ her right to refer the matter to the CCMA within 30 days of the date of dismissal.

A grievance is defined as any cause of dissatisfaction or feeling of injustice on the part of an employee or group of employees arising out of the work situation, or the application of conditions of employment other than that occasioned by a penalty confirmed in terms of the disciplinary procedure.  To facilitate the management of grievances, a series of procedural steps are defined which have to be adhered to by all relevant parties in order to conclude the grievance.  If this procedure is not adhered to, it may lead on to further complications in the employee-employer relationship.

OBJECTIVE

The main purpose of implementing the procedure will be to prevent and resolve conflict in the workplace, to protect the interest of management and the employees and to recognise the rights of an employee.

INTENTION

  • The parties agree that it is to their mutual interest to observe a grievance procedure by which issues arising between them can be resolved.
  • It is the intention of both parties that grievances can be resolved as soon as possible and within set time limits.
  • Employees have the right to be accompanied by a representative (i.e. a fellow employee) of their   choice at any stage.  Both the employee and the employee’s representative are free to submit a grievance without prejudice whatsoever regarding employment conditions and without fear of victimisation.

 

PROCEDURE

Step 1

  • An employee who has a grievance must first report such a grievance to his/ her Head of Department (first reporting level) and discuss the matter with him/ her on an informal basis.  The employee may be accompanied by a co-employee if he/ she so wishes.  (The employee concerned submits this without prejudice).  In the event of the grievance not being resolved during these discussions, the employee must inform his/her Head of Department that he/she wishes the matter to be treated as a formal grievance by completing a grievance form in writing.
  • The Head of Department must, to the best of his ability:-
  • Listen to the employee in private.
  • Encourage the employee to express his grievance freely and openly.
  • Obtain all relevant facts about the grievance (distinguishing facts from    opinion).
  • The Head of Department must endeavour to resolve the grievance as speedily as possible and resolve this within, at most, three working days.

(d) In the event of the grievance not being resolved by the Head of Department, Step 2 becomes effective, and the supervisor must advise the employee of the subsequent stages of the procedure and of the employee’s right to seek the assistance of a representative.

Step 2

  • If the employee elects to proceed with his grievance he/ she must, with the assistance of his representative, record the relevant details on the grievance form.
  • The signed form must be handed to the Head of Department, who must record his/ her findings on the grievance form and return it to the employee.
  • If the employee is not satisfied with the outcome, he/ she may proceed to Step 3.

Step 3          

  • The employee will hand the grievance form to the Manager/sister superior, who shall hold an enquiry into the matter within four (4) working days of receipt thereof.
  • The Manager, Sister Superior, Head of department, , , the employee and his representative shall attend the enquiry.  A record of the enquiry must be kept.
  • The Manager/Sister Superior must give his/ her decision within one working day of the enquiry.
  • The decision must be recorded on the grievance form and a signed copy handed to the employee.
  • If the employee is not satisfied with the outcome, he/ she may proceed to Step 4.

Step 4

  • The employee will hand the grievance form to the Chairman of the Managerment Committee who shall hold an enquiry into the matter within four (4) working days of receipt thereof.
  • The Chairman must give his/ her decision within one working day of the enquiry.
  • The Chairman’s decision must be recorded on the grievance form and a signed copy handed to the employee.
  • If the employee is still not satisfied with the outcome, he/ she may proceed to Step 5.

Step 5

The employee may refer the matter to the CCMA/ Bargaining Council.

 

Any employee wishing to swop shifts, are to ensure that he/she get permission from the direct line Manager.  Once the Manager agrees that the employee may swop his/her shift the onus is on the employee to find a person to swop with and to ensure that the applicable, swopping of shift form are completed and signed off by the direct line Manager.

The onus is then on the direct line Manager to ensure that this form is handed to the Facility Manager to sign off.  The Facility Manager must keep this form on file for record purposes.

Only once the above are finalised the swopping of the shift(s) will be deemed approved.

Employees not adhering to this policy will be held accountable for any contravention of the Facility Disciplinary Code



The purpose of this policy is to:
• Provide guidelines/information regarding the Facility policy on Provident Fund, which is managed by BDO Consultants.
• Ensure that all future and current employees are aware of the policy in place.
• Ensure that all employees belong to the fund.

INTRODUCTION
At BDO Employee Benefits, we know that your employee benefits can often seem confusing. We also know that the better you understand them, the better you will be able to plan for your retirement and to look after your loved ones when you’re gone.
That’s why we’ve put together this leaflet for you. In it, you’ll find all you need to know about how your benefits work, how you access them – and what a difference they can make in your life. In short, it’ll ensure you understand the many benefits of having employee benefits. The increasing complexity of the retirement fund industry requires specialist knowledge and expertise. BDO Employee Benefits (Pty) Ltd have been appointed as the Consultants to the fund and should you require any assistance you may contact them.
The Provident and Risk fund is administered by Momentum Funds at Work. The Consultants to the fund are BDO Employee Benefits.

ELIGIBILITY
At the onset of the scheme, members had the option to join the Provident fund. The Scheme has been in place with Momentum since 01 October 2011. As per the Legislation, all permanent full time employees since the date of inception who are between the ages of 18 and 65 years will become members of the Provident Fund.
CONTRIBUTIONS
The employer contribution rate to the Provident fund is 5% of monthly pensionable salary. The administration fee is included in this rate. The Employee contribution rate is 5% of the monthly pensionable salary. Over and above the Provident fund, Nazareth House also pays an additional 3.26% of your monthly pensionable salary towards the Risk Benefits Fund which is held with Momentum Funds At Work. A total of 8.26% of monthly pensionable salary is paid by Nazareth House. A benefit statement is issued to all members on an annual basis.

ADDITIONAL CONTRIBUTIONS
You may arrange with your employer to deduct extra contributions from your salary if you wish to add to your Provident fund account.

WITHDRAWAL
Upon resignation, dismissal, retrenchment or redundancy, your total Share of the Fund will become payable. This benefit is subject to tax in accordance with the Income Tax Act of 1968. Should you take this as a Cash Lump sum, tax will be levied on this.

Lump sum on withdrawal Rate of tax
R 0 – R 25 000 = 0%
R 25 001 – R 660 000 = 18%
R 660 001 – R 990 000 = 27%
R 990 001 and more = 36%

Amounts transferred to Preservation funds or other approved Provident funds will not be subject to tax. If you choose to transfer your Provident proceeds to a Pension fund or to a Retirement Annuity fund, there are also no tax implications.

RETIREMENT
At retirement, you may take the full value in cash or you may purchase a pension from an insurance company. Prior to retirement from the Provident Fund, it is important to seek professional advice before selecting a retirement product. We have experts who are available to assist in this regard.

TAXABLE INCOME FORM LUMP SUM BENEFITS: DEATH OR RETIREMENT
Taxable income from lump sum benefits: death or retirement Rate of tax

Not Exceeding R 500 000 0%
Exceeding R 500 001 but not exceeding R 700 000 18% of taxable amount exceeding R 500 000
Exceeding R 630 001 but not exceeding R 1 050 000 R 36 000 plus 27% of taxable amount exceeding R 700 000
Exceeding R 1 050 001 R 130 500 plus 36% of taxable amount exceeding R 1 050 000

FUNERAL BENEFIT
While you are employed with Nazareth house you and your Spouse as well as Biological children have funeral cover under the Provident fund as follows:

Member R 20 000
Spouse R 20 000
Children R 10 000
(From Retirement Risk Fund)
DEATH BENEFIT
Should you die whilst working for Nazareth House prior to the age of 65, your dependants will receive a benefit equal to 3 times your annual salary. As well as the Funeral benefit payment.

Plus
Your share of the Provident Fund

It is extremely important for you to complete a Nomination of Beneficiary form which will be kept in your employment file.

DISABILIY BENEFITS – PERMANENT HEALTH INSURANCE
If you are disabled by sickness or accident and the insurers of the benefit decide, on medical evidence provided, that you are unfit to return to the position you held before your illness or
accident, you will receive the following benefit:
• 75% of your monthly earnings.
• This is payable until you recover, die or reach the age of 65.
• This is subject to a 3-month waiting period.

CONCLUSION
It is very important that fund members monitor their Risk benefits in conjunction with their personal insurance. A Financial Needs analysis should be conducted by all members to ensure that the correct cover is in place. Employees need to understand what can be expected from the risk benefits and make provision for additional risk benefits in their personal capacity. Employees must ensure that Nomination of Beneficiary forms are updated when changes in personal circumstances, such as childbirth or divorce occur. Should you wish to amend these forms in the interim you may do so by contacting the Facility Manager. Please contact Cindy Wilson at BDO Employee Benefits Pty Ltd for any queries relating to the above.

APPLICATION FORM
All current and future employees must be part of this fund. Employees are to ensure that they have signed the deduction form and very importantly have completed the Momentum Beneficiary Nomination Form. Facility Managers are to ensure that these forms, once forwarded to the Payroll Department and BDO are filed on the employees’ personnel file.

Employees have a contractual agreement with Nazareth House African Region and must refrain from participating in any other business venture and/or render services to any other entity (other than Nazareth House), without first having obtained Nazareth House’s written permission to do so.  This prohibition is applicable to all work performed by you on any day or night of any week whilst in the employ of Nazareth House African Region.

Source: HR Policy written on Moonlighthing.

Employees will not be allowed during any business hours, to use their cellular phones for calls, SMS, MMS, MXIT or any other purposes.  Employees will only be allowed to utilise their cellular phones during tea and lunch breaks. Employees will furthermore not be allowed to use earphones for cellular phones or MP3 players during working hours.

In the event that any employee is found in contravention of this rule the necessary disciplinary action will be taken in accordance with Nazareth House African Region’s disciplinary code.

Source:

The employee acknowledges that during the course of employment with Nazareth House African Region, the employee will become familiar with its confidential information including commercial and technical secrets and/ or the confidential information of Nazareth House.  The employee consequently agrees that during the period of employment and subsequent thereto, the employee will not disclose to others (including employees of Nazareth House), or make use of directly or indirectly, any confidential information of Nazareth House or confidential information of a resident of Nazareth House or of others who have disclosed it to Nazareth House under conditions of confidentiality, unless for a purpose authorised by Nazareth House.  If there is any doubt whether any disclosure or use is for an authorised purpose, the employee is to obtain a ruling in writing from Nazareth House and is to abide by it.

For the purpose of this clause, confidential information will be deemed to extend to all confidential technical and commercial information, including, but not limited to the contents of reports, specifications, quotations, formulae, computer records, patient lists, cost manuals and price schedules, customer lists, customers and the like and including but not limited to trade secrets, know-how of any other tangible or intangible assets of Nazareth House and/ or its patients.

 

The employee is required to deliver to Nazareth House, whenever required to do so, or in any event when leaving the employment of Nazareth House, all books of account, records, correspondence, notes, computer disks, and the like concerning or containing any reference to the business of Nazareth House or the patient.

Employees of Nazareth House African Region agree that the information of Nazareth House and the patient remain the property of Nazareth House after termination of employment

INTRODUCTION

E-mail is now an indispensable business tool within Nazareth House African Region.  Despite its benefits, unrestrained e-mail usage can be a serious business liability. Employees can use Nazareth Houses African Region e-mail system to infringe copyrights, violate trade secrets and trademarks, defame people and businesses, harass co-workers, and commit Nazareth House African Region to contract.  This can cause massive damage to the organisation, as it is generally liable for the acts of employees if they are committed within the course and scope of employment.  In order to protect both your and Nazareth House’s interest, it is important that you be made aware of the limitation placed on your access to the organisational  E-mail system, which is the purpose of this policy.

Forbidden content of communications

You are strictly prohibited from using Nazareth House African House e-mail access for gaining access to, viewing, transmitting, retrieving or storing any communication that included language, remarks, pictures or graphics that may be construed as:

  • discriminatory, harassing or defamatory;
  • obscene, abusive, profane or offensive;
  • derogatory, disparaging, insulting or inflammatory;
  • disruptive or harmful to morale; or
  • constituting a trademark violation.

Forbidden use of the system

In addition to the above, you are strictly prohibited from using Nazareth House African Region e-mail and Internet for:

  • soliciting for commercial ventures, religious, political or personal causes or outside organisations;
  • gossip, including personal information about yourself or others;
  • emotive responses to business correspondence or work situations;
  • forwarding messages likely to embarrass the sender or recipient;
  • personal purposes in breach of the limitations set out below; or
  • transmitting organisational information without the permission of the relevant organisation official.

Limitations on personal usage

Nazareth House African Region’s e-mail access is available to you for the purposes of assisting you in the performance of your job and is aimed at the conducting of official organisational business.  Personal use of organisation e-mail and Internet access is prohibited.  The following controls shall be strictly enforced in relation to personal usage:

  • the conditions applicable to the forbidden content of communications set out above;
  • the conditions applicable to the forbidden use if access set out above;
  • the conditions applicable to monitoring set out below;
  • it shall be restricted to incidental and occasional use;
  • it shall not entail any amount of personal activity or pleasure;

 

The laptop/desktop computer is the property of Nazareth House African Region and as such it can be requested access to a Laptop / PC at any stage to investigate possible abuse, negligence and/or do maintenance on the equipment.

Copyright and license agreement

You must respect all copyrights over materials belonging to entities other than Nazareth House African Region and are prohibited from copying, retrieving, modifying or forwarding such materials on Nazareth House’s e-mail system except with the permission of the copyright holder.  You are, however, entitled to save a single copy for reference purposes only.

You must also respect license agreements over computer software and are prohibited from downloading and using any software in breach of a license agreement.

Computer Viruses

You are obliged to take all possible precautions to avoid a virus attachment, including:

  • the continuous updating and running of protective software provided to you;
  • the rejection of messages from unidentified or suspicious sources; and
  • refraining from downloading software or opening an “.exe” file from an outside source without the permission of the relevant organisation official.

Reporting obligations

In the event of you receiving e-mail in breach of this policy, whether from a co-worker or an outside source, you shall immediately upon receipt thereof communicate your rejection of the transmission to the sender and request him/her to refrain from sending you any such material in the future.  Should you again receive e-mail in breach of the policy from the same sender, you must report this to your direct superior who shall take the appropriate action.

Security

Nazareth House African Regionroutinely monitors its e-mail usage patterns and reviews electronic files and messages to ensure that these media are being used in compliance with the law and organisation policy.  Nazareth House reserves the right to monitor access and disclose as necessary all communications created, transmitted or stored on the e-mail system, which is the property of the organisation.  Users should not have any expectation of privacy with respect to the materials and information stored on the system.

Disciplinary action

A breach of this policy may result in disciplinary action being taken against you, which may include dismissal.

 

Under the National Credit Act 2007employee loans are classified as credit agreements, and as Nazareth House is not a registered Credit provider as defined under the Act, we cannot give financial loans to employees.

In addition, SARS Income Tax Act paragraph 2(f) of the 7th Schedule prescribes that a taxable benefit shall be deemed to have been granted if an interest free or low interest loan (below the official rate) has been granted to the employee by the employer. Benefits tax would have to be calculated and deducted on such loans.

In view of the above legislation, the Facility policy is that we do not give financial loans or salary advancements to employees.

All staff needs to take note that it is against organisation policy to take any foodstuff from the kitchen. This includes left-over food/”dog food”.

Staff are also not allowed to make use of the kitchen for the purposes of preparing their own food. The only time when such “dog food” may be removed from the premises is when permission was given on paper by the Kitchen Manager and another permission slip was given by the Facility Manager/Sister Superior to provide authority to remove it from the premises.

Failure to abide by this rule will result in disciplinary action

Source:

The Employee hereby acknowledges that he / she is fully competent for their tasks. If it appears that the employee during his / her application was dishonest in providing information, this could result in disciplinary action.

Source:

 

All staff have to take note that no staff member of Nazareth House African Region is allowed to receive any gift from a resident or their families without adhering the necessary procedures.

Staff will be required to obtain a letter from the patient and/or family that clearly indicate the gift that was given. Such gifts are defined as any articles of food, clothing, furniture, monies and any other possessions belonging to the patient and/or their families. The said gift along with the letter has to be presented to the Manager/Sister Superior who will then also provide a permission slip before any such article can be removed from the premises.

Under no circumstances are staff allowed to buy items from or sell items to residents of the institution.  

Failure to adhere to this procedure will carry severe disciplinary action and will not be tolerated in any way.

Source: HR Policy on …

Applicants/personnel with HIV / AIDS have the same rights as all other applicants / personnel, and shall not be discriminated against.

HIV status won’t be a reason to prevent any person from working.

No applicant or personnel member will be asked to submit to a HIV test. Where a test is carried out at the request of an individual, it shall be with his / her considered permission and in conjunction with counselling.

Confidentiality with regards to the HIV status of any individual, will at all times be maintained.

HIV / AIDS shall be treated in the same manner as any other condition. No employee shall be dismissed purely on the strength of having AIDS or for testing positive for HIV.

ln order to create the necessary awareness and to dispel any false ideas, the Facility shall ensure that personnel are sufficiently informed about the nature and implications of HIV / AIDS.

 

  • All organisational vehicles have to be returned to workplace at the end of each workday.
  • No employee will be allowed to use any vehicle for any private use whatsoever.
  • Abuse or misuse of any organisation vehicle will be managed in accordance with the provisions of Nazareth Houses disciplinary code.
  • Permission to use a organisation vehicle has to be obtained from the Facility Manager/Sister Superior.
  • Employees making use of Nazareth Houses vehicles will be responsible for any traffic fines incurred. It also has to be noted that should an employee be found to be grossly negligent resulting in the incurrence of such fines disciplinary action will be taken against the said employee.
  • Any damage to organisations vehicles as a result of the actions or negligence of an employee will result in the insurance excess being recovered from the said employee and possible disciplinary action being taken.
  • Employees making use of organisations vehicles have to ensure that vehicles are clean and presentable at all times.
  • Employees need to ensure that any damage found to a vehicle prior to driving it must be reported to the Departmental Head, prior to driving the said vehicle.  Failure to do so could result in the employee being held accountable for the damage.
  • Employees need to ensure that they adhere to all traffic rules and speed limits as failure to do so can result in Nazareth House name being brought into disrepute.
  • No organisations petrol will be used for private use of any kind.
  • The designated driver of Nazareth Houses vehicle remains responsible to ensure that the relevant Departmental Head  is informed of routine vehicle services, maintenance and/or repairs at all times.
  • The driver of Nazareth Houses vehicle is under no circumstances allowed to deviate from his planned route without the prior approval of the departmental head. Failure to adhere to this rule will result in disciplinary action being implemented.
  • Employees making use of vehicles during business hours to travel will be covered for Occupational Injuries and Diseases (COIDA) as this is regarded as on duty time.

 

 

Source:

All employees need to take note that under no circumstances are they allowed to use any organisational laundry equipment for personal use. Staff will also not be allowed to take any personal clothing or washing into Nazareth Houses African Region’s laundry.

Failure to abide by this rule will result in disciplinary action.

 

Source:

 

The Facility wishes to bring to the attention of their employees that the nature of certain jobs are of a physical nature, and that failure to be able to perform such duties can result in incapacity procedures taken that could result in termination of employment if such light duty is of a permanent and/or on-going nature.

As an employee of Nazareth House you have contractually undertaken to perform certain physical job functions and failure to perform these can result in disciplinary action being taken.

 The employee hereby declares that there is no medical condition, either physical or psychological, of which he/she is aware that would impede his/ her performance on the job, or hold an actual or potential risk to the health and safety of the employee himself/ herself, a fellow employee or a member of the public.

Nazareth House African Region may at its discretion require the employee to undergo medical examinations from time to time should this appear to be necessary or justified.  Moreover, Nazareth House African Region reserves the right to compel an employee to retire at the age of 65.  Employees who wish to continue to work beyond the above mentioned retirement age would only be allowed to do so with the express written permission of management and  contracted under a limited duration agreement.

A needlestick injury is not viewed as an injury on duty by law until the employee cera convert.  If the employee should become HIV positive due to the needlestick then it will be considered as an injury on duty.

If a needle stick injury occurs as result of negligence i.e. re-capping a needle or incorrect disposal of sharps the employer WILL NOT be held responsible for any expenses incurred due to any negligence or failure to follow correct procedure.

The employee is responsible for, as per the policy, for all accounts and not the employer.

Source:

Any late coming will be managed in accordance with Nazareth House African Region’s disciplinary code.  Staffs are therefore required to be productive from the time that their shift is supposed to start and any refreshments should be consumed before the official starting time.

Employees are provided with a lunch break as per the provisions of the Basic Conditions of

Employment Act (BCEA).  Although tea breaks are not legislated by law, 15 minute breaks may be provided at the discretion of management during working hours.  Employees have contractually agreed to work overtime from time to time and it is therefore a reasonable expectation of the employer to expect that employees will work overtime when requested.

  1. To clarify the different circumstances under which a staff member may retire and the benefits associated with the retirement.
  2. To identify the circumstances under which an individual may be appointed after reaching the Facility retirement age (i.e. Age 65).

Definitions and approval Process

Retirement

This is normal retirement whereby the employment contract ends at the point of the year in which-the staff member turns 65.

Early retirement

Early retirement arises when a staff member applies for retirement before the year in which he/she turns 65. A staff member may elect to retire at any time after attaining the age of 55 years, provided that he/she gives the required notice, and that the Facility Manager approves such retirement, including specifically the date of commencement of retirement benefits.

Pre-early retirement (i.e. leave without pay pending retirement)

Pre-early retirement arises when a staff member applies for early retirement before the year in which he/she turns 55. Pre-early retirement is highly unusual and will ordinarily only be considered in situations of long service and outstanding performance. All applications must obtain the approval of the Facility Manager. An application must be submitted at least six months prior to the desired retirement date. This will be managed and administered as a case of leave without pay pending retirement.

During the period of dormancy the staff member will:

  • not be eligible for death or disability benefits during the period of dormancy;

Incentivised early retirement

Incentivised early retirement arises when, for operational and/or transformational reasons, a Facility Manager applies for the incentivised early retirement of a staff member, with the support of the staff member. This would take place any time after the staff member attains the age of 55 and before the year in which they turn 65. A package would be negotiated with the Facility Manager, and be subject to the approval of the Management Committee.

Reasons for incentivised early retirement:

  • To facilitate the reorganisation of an area or unit; and /or
  • ln order to retain or advance staff who are promotable; and / or
  • ln order to advance an employment equity plan, or for employment equity reasons.

Appointment post retirement

The appointment of an individual after the age of 65 may only take place on approval of the CEO, on the following grounds:

  • The post retirement contract must specify an end date in all cases, i.e. a limited duration contract.
  • The post retirement contract shall not be longer than one year, although the contract may be renewed annually.

Post retirement contracts will cease / not be allowed under any circumstances once an individual reaches the age of 65 years.

Appointment post early retirement

The appointment of an individual after early retirement is possible subject to the following conditions:

  • The individual has not attained the age of 65.
  • The contract will not extend beyond the year in which the individual turns 65.
  • The appointment is subject to normal recruitment and selection criteria including EE criteria.
  • Conditions of service pertaining to the contract will be adhered to

Appointment post incentivised early retirement

The appointment of an individual after an incentivised early retirement, will not take place unless as part of the contract of agreement of the incentivised early retirement as approved by the CEO.

The following conditions will apply:

  • The contract will not extend beyond the year in which the individual turns 65.
  • Conditions of service pertaining to the contract will be adhered to.

 

 

The employee expressly agrees to submit his/ her person and personal belongings to a search by any person designated by Nazareth House African Region whenever they deem it necessary.

No large bags only that of a small size handbag is allowed on to the property.  Larger items are to be kept at security.

Any person found in possession of any unauthorised organisation property will be formally charged in accordance with the provisions of the disciplinary code.

Source:

Nazareth House Afrivcan Region believes that you should be afforded the opportunity to work in an environment free of sexual harassment. Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcomed sexual overtures or conduct.

Sexual harassment refers to behaviour that is not welcome, that is personally offensive, and that debilitates morale and, therefore, interferes with work effectiveness.

Behaviour that amounts to sexual harassment may result in disciplinary action, up to and including dismissal.

Definition:
Nazareth House has adopted, and its policy is based on, the definition of sexual harassment set forth by ruling Labour Legislation. This defines sexual harassment as unwelcome sexual advances, requests for sexual favours, and other verbal or physical conduct of a sexual nature when:
• submission to such conduct is made either explicitly or implicitly a term or condition of your employment
• submission to or rejection of such conduct by you is used as the basis for employment decisions affecting you
• such conduct has the purpose or effect of unreasonably interfering with your work performance or creating an intimidating, hostile or offensive working environment.

Employer’s Responsibility:
Nazareth House wants you to have a work environment free of sexual harassment by management personnel, by your co-workers and by others with whom you must interact in the course of your work as a employee. Sexual harassment is specifically prohibited as unlawful and as a violation of Nazareth House’s policy. Nazareth House is responsible for preventing sexual harassment in the workplace, for taking immediate corrective action to stop sexual harassment in the workplace and for promptly investigating any allegation of work-related sexual harassment.

Complaint Procedure:
If you experience or witness sexual harassment in the workplace, report it immediately to the Fcaility Manager/Sister Superior. You may also report harassment to any other member of Nazareth Houses’ senior staff. . All allegations of sexual harassment will be quickly investigated. To the extent possible, your confidentiality and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. When the investigation is completed, you will be informed of the outcome of that investigation.

Retaliation Prohibited:
Nazareth House African Region will permit no employment-based retaliation against anyone who brings a complaint of sexual harassment or who speaks as a witness in the investigation of a complaint of sexual harassment.

Harassment Investigation Guide
Getting the employee to describe the claim:
 Listen to the charge. Do not make comments like, “You’re overreacting.”
 Acknowledge that bringing a harassment complaint is a difficult thing to do.
 Maintain a professional attitude.
 Gather the facts; do not be judgmental.
 Ask who, what, when, where, why, and how. Find out if the employee is afraid of retaliation. How does the employee want the problem resolved?
Conducting an investigation of the claim—general rules to follow:
 Investigate immediately. Delaying or extending an investigation can make witness testimony increasingly unreliable.
 Remember that the manner in which the investigation is handled can itself furnish grounds for a hostile environment claim, so carefully document every step.
 Treat all claims seriously—even those that seem frivolous—until you have reason to do otherwise.
 Keep the investigation confidential. Emphasize to those involved that your discussions are not to be shared with unconcerned parties. Warn of possible disciplinary action, if necessary.
 Limit the number of persons who have access to the information. Communicate strictly on a “need to know” basis.
 Ask questions so that information is not unnecessarily disclosed. For example, instead of asking, “Did you see Paul touch Joan?” ask “Have you seen anyone touch Joan at work in a way that made her uncomfortable?” Remember—the purpose of the investigation is to gather facts, not disseminate allegations.
 If there is more than one allegation, treat each separately.
 To avoid defamation liability, never broadcast the facts of a given situation or the results as an example to others or as a training tool.
Interviewing the complainant (Can be done when employee first reports charge):
 Get specific details.
 Find out whether there was a pattern of previous episodes or similar behaviour toward another employee.
 Get the specific context in which the conduct occurred. Where? What time?
 Determine the effect of the conduct on the complainant. Was it economic, non-economic and/or psychological?
 Determine the time relationship between the occurrence of the conduct, its effect on the complainant, and the time when the complainant made the report.
 Prepare a detailed chronology.
 Analyze whether there might have been certain events that triggered the complaint, i.e., promotion, pay or transfer denial.
 Determine whether there were any possible motives on the part of the complainant.
 Find out what the complainant wants.
 Explain to the complainant that the charges are serious, that you will conduct a thorough investigation before reaching any conclusion, and that he or she will not be retaliated against for making the complaint.
 Do not make any statements about the accused employee’s character, job performance, or family life.
Interviewing the accused:
 Obtain a statement from the accused.
 Identify the relationship of the accused to the complainant.
 Was there any prior consensual relationship between the parties? How long have they known each other? Is there a history of group or individual socializing?
 If the individual was a supervisor, indicate the individual’s job title, obtain a copy of the individual’s job description, and determine the individual’s specific duties at the time of the alleged harassment.
 Determine whether the accused directed, or had responsibility for the work of other employees or the complainant, had authority to recommend employment decisions affecting others or was responsible for the maintenance or administration of the records of others.
 You can expect the accused to deny the charges. Observe the reaction. Note whether there is surprise, anger, or disbelief. Describe the details of the allegation and note the areas of disagreement between the testimonies of both parties. If the accused denies the allegations, probe further to determine with the accused the background, reasons, and motivation that could possibly trigger the complaint.
Interviewing witnesses:
 Obtain statements from any witnesses who support or deny any of the complainant’s allegations. Be aware that witnesses are often reluctant to come forward out of fear of reprisal.
 Assure all witnesses that their cooperation is important, that their testimony is confidential and that they will not be retaliated against for testifying.
Resolving the complaint:
 Apologize for the incident occurring, if that is appropriate.
 When attempting to remedy the conduct, avoid requiring the claimant to work less desirable hours or in a less desirable location. If you offer to transfer the complainant, try to get the complainant’s consent and make sure the transfer position is substantially similar to the complainant’s prior position. This helps ensure that the complainant is not being illegally punished for reporting discrimination or harassment.
 Consider the severity, frequency and pervasiveness of the conduct when imposing discipline on the harasser. There are several disciplinary options available, including:
— verbal and written warning
— reprimand
— suspension
— probation
— transfer
— demotion
— dismissal
 When imposing discipline on the accused, any forms of discipline short of discharge should be accompanied by a warning that similar misconduct in the future may result in immediate discharge. If no discipline is imposed, document the reasons why.
 Provide remedial counselling and training on sexual harassment, if appropriate. Also, take the opportunity to re-communicate your policy.
 Carefully and fully document the investigation, the discipline imposed, and any remedial steps taken.
 Conduct follow-up interviews with the parties to inform them of Nazareth House African Region’s actions.

Nazareth House African Region disciplinary code clearly stipulates that an employee found sleeping whilst on duty will be disciplined and in line with the code the first offence carries a sanction of a Final Written Warning whereas the second time an employee is found guilty of this offence Nazareth House can terminate their employment.

All employees are requested to adhere to this organisation rule as failure to do so will result in very serious action being taken.

Source:

Nazareth House African Region maintains a smoke and tobacco-free office. No smoking or other use of tobacco products (including, but not limited to, pipes, cigars, snuff, or chewing tobacco) is permitted in any part of the building organisationWhen smoking outside, do not leave cigarette butts on the ground or anywhere else. Dispose of them properly in the receptacles provided for that purpose.

Failure to comply with all of the components of this policy will result in disciplinary action.

Source:

In general, Nazareth HouseAfrican Region views Internet social networking sites such as Facebook, MySpace, Twitter, YouTube and Linked In, as well as personal web sites, podcasts, wikis and blogs (individually and collectively “social media”) positively and respects the ability of employees to use them as a medium of self-expression. However, because social media can also be abused by some individuals who enter information on it or by those who access and read it, with a result that the organisation or its employees could be viewed in a negative light or be subject to other adverse consequences, the following guidelines apply to any Nazareth House African Region employee who engages in social media:

  •     Employees must be respectful in all social media communications. Employees should not use obscenities, profanity, or vulgar language, nor may they engage in threatening behaviour online or make defamatory statements.
  •     Employees may not comment through social media in any manner that conveys an impression that he/she is acting as a representative or spokesperson for Nazareth House.
  •     Employees must not use social media to disparage the products or services of Nazareth House.
  •     Employees must not use social media to disclose any confidential or proprietary information of Nazareth House, its employees, residents, suppliers or affiliates, including but not limited to confidential personnel information or financial information of Nazareth House. 
  •     Employees must not use social media to harass, threaten or intimidate other employees. Behaviours that are prohibited include, but are not limited to, comments that are derogatory as to race, sex, religion, colour, age, disability or any other protected status, or any sexually suggestive, humiliating, or demeaning comments. In addition, threats or bullying comments (such as threats to stalk, haze or physically injure another employee) are prohibited as well.
  •     Employees must not use social media to discuss engaging in conduct that is prohibited by Organisation policies, including but not limited to the improper or illegal use of drugs or alcohol, or any harassing, discriminatory or retaliatory behaviour that might violate Nazareth House’s policy against harassment and discrimination.
  •     Employees must not post pictures or videos of supervisors, managers or other employees, or of our residents, suppliers or affiliates, on a web site or other social media venue without first obtaining written permission from the person or entity whose picture or video is being used.
  •     Employees must comply with any applicable federal or state trademark, copyright, trade secret or other intellectual property laws. The use of Nazareth House name, logo or any copyrighted material of our organisation is NOT allowed.
  •     Employees must not access or use any of the social media sites during working time at Nazareth House.

Failure to adhere to this policy will carry severe disciplinary action and will not be tolerated in any way.

Should the employee terminate the employment contract without tendering the written contractual notice period, Nazareth House will deduct an amount equal to the period of notice not given from the final payment to the employee.

An employee’s notification of termination of service is subject to written notification, either way of:

  • 1 week for employment of 6 months or less
  • 2 weeks for employment of 6 – 12 months
  • 4 weeks for employment of 12 months or longer

 

Except –

  • where specifically agreed to the contrary or where other contractual obligations were concluded.

Should the employee terminate the employment contract without tendering the written contractual notice period, the Facility will deduct an amount equal to the period of notice not given from the final payment to the employee.

 

The onus of completing the attendance register rests with the employee and it will not be the responsibility of the Manager/Department heads to request the completion of such a register. Failure to complete the attendance register/use clock in machine timeously resulting in incorrect entries can be viewed as timesheet fraud and will be dealt with in accordance with Nazareth House African Region’s disciplinary code.

Failure to “sign in” and “sign out” will result in unpaid days as the payroll department will assume that the days were not worked.

Leave forms therefore also have to be completed and signed by the employee and their respective Manager. No employee will be allowed to commence with their annual leave unless their Facility Manager/Department Head has authorised their leave in writing. In the absence of leave forms the payroll department will assume that there was unauthorised absence and such days will remain unpaid.

 

Source:

All employees are reminded that Nazareth Houses African Region disciplinary code clearly state that any absence from work for three (3) days or more without good reason or authorisation will be addressed in a formal disciplinary hearing in accordance with Nazareth Houses disciplinary code. The appropriate sanction for such a transgression is also dismissal.

Please ensure that any absence from work is reported prior to the commencement of your shift and authorisation is obtained from the relevant manager/supervisor for any absence.

Source:

  • Any uniforms remain the property of Nazareth House African Region, the employee will be required to hand back any uniform pieces should they leave the organisation.
  • Uniforms are regarded organisations property and employees are therefore required to take proper care of such uniforms as failure to do so, outside of normal wear and tear will be regarded as abuse of organisations property.
  • Employees are required to be dressed in full uniform at all times when on duty and failure to meet this requirement will be regarded as disciplinary offence.
  • Where a uniform is not required or given, staff are requested to be suitably attired for work.  Outfits may not be low cut and short (above the knee) and must be respectable for the environment.  Jeans, strapless or thin strapped tops, see through garments, shorts, and hats are viewed as NOT SUITABLE.

 

Source:

Ask a question