Disciplinary Procedure

1. Committing misconduct either minor or grave by an employee.

2. Conducting a preliminary investigation to ascertain whether there is a bona fide case against the employee.

3. If the misconduct committed is of a serious nature suspend the accused employee from the service with pay, half pay or without pay.

Note: There are two reasons to suspend an employee on disciplinary grounds.

1. The misconduct is of serious nature warrants dismissal/termination.
2. The presence of the accused employee in service might hamper the disciplinary process.

4. Issuing a show-cause letter/charge sheet.

5. Awaiting a reply from the accused employee.

6. If there is no reply from the accused employee within the specified period giving him another chance to reply.

7. If a reply is received accepting or rejecting the reasons given by the accused employee for vindicating himself/herself from the preferred charge/charges.

8. In the event of rejecting the reply fixing the matter for a domestic inquiry.

9. Sending a letter to the accused employee regarding the fixation of the domestic inquiry.

Note: The letter must contain the following.

• Date and time of the inquiry
• Venue
• Whether the accused employee is permitted to bring in a lawyer or a co-worker to represent him at the domestic inquiry.
• If the accused employee has any witness/es to inform their names to the management.
• If the accused employee wishes any particular document/s to be produced at the domestic inquiry inform the management about it.

10. Appointing an inquiry officer.

Note: If the appointee is from within an officer who is two ranks higher than the accused employee and should be from outside the accused employee department. Ideally an outside independent qualified person with hands-on experience in the conduct of domestic inquiries.

11. Appointing a prosecution officer either from inside or outside to lead the prosecution on behalf of the company.

12. Facilitating the inquiry officer with logistic support to conduct the inquiry without any disturbance.

13. Receiving the inquiry report from the inquiry officer.

14. Taking a decision on a punishment to be meted out to the employee based on the findings of the domestic inquiry. 

Note: If the accused employee has not been found guilty to any of the charges, he/she should be exonerated from (all or any of the charges) and reinstate him/her in work (if he/she is suspended from work) with back wages.

If the accused employee has been found guilty to all or any of the charges to punish him and convey the punishment to him/her by letter under registered cover. 

Note The punishments that could be given in the mercantile sector.

• Termination/dismissal
• Suspension from work with half pay or without pay. If the employee is under suspension

deprive him/her of the wage/salary for the imposed period of suspension. In this instance, the employee should be warned against a repetition of similar or any other misconducts in the future.

• Demotion from the present position. Here it should be noted that the salary cannot be reduced but benefits and privileges which are not statutory in nature.
• Suspension, stoppage, or deferment of annual increment
• Transfer from the current workstation.
• Letter of warning