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Welcome to Stingray Group - Staff Handbook 

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 The Stingray Group
Business Policy Handbook
LAST UPDATED: Printed on: 19 August 2021
  1. Introduction
 Welcome to The Stingray Group
 Staff Handbook
 Our aim in producing this document was to create a one-stop information point where you would be able to access all the information you are likely to need in relation to your employment with us. The Handbook and corresponding policy documents form part of your contract of employment with The Stingray Group.
The document gives an overview of the terms and conditions of your employment, and outlines what you can expect from us as your employer. In return we ask you for a high degree of commitment, dedication and loyalty to help us achieve the aims and objectives of the Company.
I hope you find this a useful guide during your employment with us. However, if you are unable to find the answer to your question here, please feel free to contact your line manager who will certainly be able to find an answer for you.
Matthew Gruzd
Managing Director 
  1. Contents
 
  1. Introduction....................................................................................................................................................................... 2
  2. Contents:............................................................................................................................................................................ 3
  3. Starting with The Stingray Group........................................................................................................................................ 5
  4. Your induction.............................................................................................................................................................. 5
  5. Your Attendance at Work............................................................................................................................................. 5
  6. i) Notification of Absence............................................................................................................................................ 5
  7. Hours of Work............................................................................................................................................................... 5
  8. Conflict of Interest........................................................................................................................................................ 6
  9. Standards of Performance and Behaviour at Work......................................................................................................... 6
  10. i) Appearance.............................................................................................................................................................. 6
  11. ii) ..…...………………………………………………………………………………………7
iii)       Company Premises................................................................................................................................................... 7
  1. iv) Personal Property.................................................................................................................................................... 7
  2. v) Telephones & Correspondence................................................................................................................................ 7
  3. vi) Smoking and Other Substances at Work................................................................................................................... 8
vii)      Confidentiality......................................................................................................................................................... 8
viii)     Computer, email and Internet use........................................................................................................................... 8
  1. ix) Bribery and other Corrupt Behaviour......................................................................................................................... 9
  2. x)     Trackers………………...……………………………………………………………………………9
  3. xi) Usage of Equipment………………………..………………………………………………………9
  4. Changes in Personal Information for Employment Purposes........................................................................................ 10
  5. Valuing Diversity and Dignity at Work.............................................................................................................................. 10
  6. Valuing Diversity......................................................................................................................................................... 10
  7. i) Statement.............................................................................................................................................................. 10
  8. ii) Key Actions............................................................................................................................................................ 11
  9. Dignity at Work........................................................................................................................................................... 11
  10. i) Statement.............................................................................................................................................................. 11
  11. ii) What and How of Harassment................................................................................................................................ 11
iii)       What should I do if subjected to Harassment?....................................................................................................... 12
  1. Pay, Benefits & Pensions.................................................................................................................................................. 12
  2. Salary Arrangements.................................................................................................................................................... 12
  3. Overtime..................................................................................................................................................................... 13
  4. Provident Fund........................................................................................................................................................... 13
  5. Leave Arrangements......................................................................................................................................................... 13
  6. Annual Leave............................................................................................................................................................... 13
  7. Public Holiday..........................................................................................................................14
  8. Timing of leave........................................................................................................................14
  9. Sick leave................................................................................................................................14
  10. Maternity Leave.......................................................................................................................................................... 15
  11. Family Responsibility Leave......................................................................................................................................... 15
  12. Parental Leave………………..………………………………………………………………………16
  13. Health and Safety............................................................................................................................................................. 17
  14. Introduction................................................................................................................................................................ 17
  15. Procedure in the event of an accident........................................................................................................................ 17
  16. First Aid....................................................................................................................................................................... 17
  17. Fire Safety................................................................................................................................................................... 17
  18. Personal Safety............................................................................................................................................................ 18
  19. Reporting of Medical Conditions ……………...……………………………………………………19
  20. Training and Development............................................................................................................................................... 19
  21. Training and Development Policy**............................................................................................................................ 19
  22. Leaving The Stingray Group.............................................................................................................................................. 19
  23. Notice Periods............................................................................................................................................................ 19
  24. Working Notice........................................................................................................................................................... 20
  25. Other Conditions on Leaving....................................................................................................................................... 20
  26. Exit Interview………………………………………………………………...………………………..21
  27. Appendix 1 Disciplinary and Grievance Procedures.......................................................................................................... 22
  28. Appendix 2 Freedom of Association and Collective Bargaining Policy.............................................................................. 31
  29. Appendix 3 Internet and Computer use Policy…………………...........................………..….…...32
  30. Appendix 4 Debt acknowledgement with regards to training and development…………............36
  31. Appendix 5 CCTV Policy and Procedure.....................................................................................37
  32. Appendix 6 Homeworkers, subcontrators and outworkers .........................................................42
  33. Appendix 7 Environmental Policy................................................................................................45
  34. Appendix 8 Human rights Policy..................................................................................................46
  35. Appendix 9 Drug and Alcohol Policy ………………………………………………………………….48
  36. Appendix 10 HR Warning guide ..................................................................................................55
  37. Appendix 11 Confirmation of handbook form ..............................................................................62
 
  1. Starting with The Stingray Group
a.       Your induction
 
The Stingray Group believes their employees are their greatest asset and recognises their responsibility to ensure they are afforded appropriate development throughout their employment.  This development begins at the Induction stage when a new employee join.
 
Our aim is to support and develop employees in their role so that they feel confident to undertake the responsibilities placed upon them and ultimately are able to contribute to the success of the organisation.
 
 
b.       Your Attendanceat Work
 
The Stingray Group values good attendance at work and is committed to improving the general wellbeing of its employees to achieve this.  Although we aim to secure regular attendance, we do not expect employees to attend when they are unwell.
 
  1. Notification of Absence
 
Your line manager should be notified as early as possible if absence from work is anticipated for hospitalisation and other medical treatment.
 
If you are unable to attend work due to sickness or injury, your line manager must be notified by telephone before your normal start time or as soon thereafter as possible on the first day of absence, indicating a date of return.  Notification should be made by you personally unless impossible due to the nature of the illness where you should arrange for someone else to call on your behalf.  During prolonged periods of absence, your manager should be kept informed of progress and an expected date of return. Sick notes are required for any time off work lasting longer than 2 days or on a Monday or Friday.
 
Any employee who has been absent due to sickness and is found not to have been genuinely ill will be subject to disciplinary action, which could include dismissal.
 
c.        Hours of Work
 
Your normal hours and working pattern will be specified in your Statement of Terms and Conditions of Employment. 
 
The full-time contracted hours for all posts within the organisation are per week excluding daily meal breaks.  A daily unpaid lunch break of a maximum of 30 minutes can be taken.
 
The Stingray Group reserves the right to vary your hours and pattern of working, following consultation and agreement with you.
 
Persistent poor timekeeping means that colleagues are put under pressure to cover your duties. This is not acceptable and will therefore be treated as a potential disciplinary offence under our disciplinary procedures.
 
d.       Conflict of Interest
 
You should not, directly or indirectly, engage in, or have any interest, financial or otherwise, in any other business enterprise which interferes or is likely to interfere with your independent exercise of judgement in The Stingray Group’s best interest.
 
Generally, a conflict of interests exists when an employee is involved in an activity:
 
  • Which provides products or services directly to, or purchase products or services from The Stingray Group
  • Which subjects the employee to unreasonable time demands that prevent the employee form devoting proper attention to his or her responsibilities to The Stingray Group
  • Which is so operated that the employee’s involvement with the outside business activity will reflect adversely on The Stingray Group.
 
Should you be in doubt as to whether an activity involves a conflict, you should discuss the situation with your manager.
 
e.       Standards of Performance and Behaviour at Work
The Stingray Group is an ISO 9001 accredited business. Copies of our policies and objectives are readily available and all staff are encouraged to familiarise themselves with these and remain abreast of any changes.
 
  1. Appearance
 
The Stingray Group does not seek to inhibit individual choice in relation to your appearance. However, you are expected to dress appropriately at all times in relation to your role, and to ensure that your personal hygiene and grooming are properly attended to, prior to presenting yourself at work. This is a factory environment, and anyone exposed to the production and warehouse floor is required to wear closed shoes.
 
**If we have supplied you with a uniform or other apparel, then you must wear this at all times when required to do so; it is your responsibility to ensure that this is clean and presentable.
 
If you have any queries about what is appropriate, these should be directed to your line manager.
  1. Hygiene
 
It is an inherent requirement of the job that employees are required to maintain high standards of hygiene pertaining particularly to the cleanliness of hands and clothing. The environment you will be employed in manufactures items required to remain clean throughout the production process. The employee will be required to adhere to this policy at all times. Failure to do so may result in removal from the premises and further disciplinary action.
 
 
  • Company Premises
 
**You must not bring any unauthorised person on to The Stingray Group property without prior agreement from your line manager, unless you are authorised to do so as part of your job. In these circumstances you are responsible for ensuring that your visitors are appropriately monitored during their stay, and that they do not access areas or company property inappropriately.
 
**You must not remove The Stingray Group property from the organisation’s premises unless prior authority from your line manager has been given. A permission letter signed by an executive manager is required. QAD 8.1
 
**The Stingray Group has the right to search all staff entering and leaving its premises, without notice. Female staff will be searched by females and male staff by males.
 
  1. Personal Property
 
Any personal property such as jewellery, cash, credit cards, clothes, cars, motorbikes or bicycles etc. left on The Stingray Group premises is done so entirely at your own risk. You are strongly advised not to leave any valuables unattended, either on our premises, our vehicles or in your own vehicle.  The Stingray Group does not accept liability for loss or damage to any personal property whatsoever.
 
  1. Telephones & Correspondence
 
Company telephone / mobile phone or postal facilities must not be used for private purposes without prior permission from your line manager. If, for any reason, personal use is made of these items then arrangements must be made to pay the cost price of all services used. Abuse of these facilities will be considered a potential disciplinary matter.
 
  1. Smoking and Other Substances at Work
 
Legislation is in force which makes it illegal to smoke in enclosed public spaces. Smoking is therefore strictly prohibited on all The Stingray Group premises (including entrances and exits) and vehicles.
 
** Strictly no smoking allowed on the premises.
 
Bringing alcohol or any unlawful drugs to the workplace, and / or imbibing them there is strictly prohibited both during work time or during a period prior to work where the effects carry over to the workplace. Any such instances will be dealt with under the disciplinary procedure and may lead to your summary dismissal.
 
In addition, please refer to the Drug and Alcohol Policy contained herein. (Refer to Appendix 9)
 
 
  • Confidentiality
 
It is a condition of your employment that you have a duty of confidentiality with regards to The Stingray Group.
 
During the course of your employment you may find yourself in possession of sensitive information, the disclosure of which could be construed as a breach of confidentiality.  It is a condition of your employment that you have a duty of confidentiality to the Company, and you must not discuss any Company sensitive or confidential matter whatsoever with any outside organisation including the media.
 
Any such breach of confidentiality would be deemed as gross misconduct and could lead to your dismissal.
 
  • Computer, email and Internet use
 
If you have access to the Company’s computers including email and access to the internet as part of your job, you must not abuse this by using these facilities for purposes unrelated to Company business.
 
**Limited personal use of the internet is permitted during your formal breaks. All internet use is monitored and accessing pornographic or other unsuitable material, including auction or certain social networking sites is strictly prohibited and would be considered a serious disciplinary offence which may result in dismissal.
 
Only software packages properly authorised and installed by the Company may be used on Company equipment, you must therefore not load any unauthorised software onto Company computers.
 
If you have a Company email address, this is provided for responsible use for Company business and should not be used in any other way whatsoever.
 
Staff must make themselves familiar with the Company’s Internet & Email Policy available in Appendix 3.
 
  1. Bribery and other Corrupt Behaviour
 
The Company has a strict anti-bribery and corruption policy. A bribe is defined as: giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so.
 
If you bribe (or attempt to bribe) another person, intending either to obtain or retain business for the company, or to obtain or retain an advantage in the conduct of the company's business this will be considered gross misconduct. Similarly accepting or allowing another person to accept a bribe will be considered gross misconduct. In these circumstances you will be subject to formal investigation under the Company’s disciplinary procedures, and disciplinary action up to and including dismissal may be applied.
 
  1. Trackers
 
 
  1. Usage of Equipment
Any employee using any company equipment or machinery must adhere to the following:
  1. It is the responsibility of the employee to only carry out reasonable instructions. A reasonable instruction would mean an instruction given to you by your manager and / or similar person in a managerial position, asking you to carry out a task within your scope of work for which you have been trained. Should you be asked to carry out a task for which you have not been trained and / or have protective clothing, if it was so required, it is your responsibility to alert your supervisor, manager and / or managerial person.
  2. Should you be found using equipment for which you are not trained and have caused damage and / or perceived damage; you will be subjected to a hearing and may be held liable for such damage.
  3. Damage to company property.
  4. It is the responsibility at the end of each shift to report any damage to equipment and / or machinery. Failure to do so may result in you being held responsible for the damage.
  5. Usage of company equipment will also include the use of company vehicles. Company vehicles will be subjected to fleet inspections for possible damage. Any damage to vehicles will be assessed and the driver may be held accountable for damages. Damages should be reported after every trip and / or shift. Failure to do so may result in disciplinary action.
f.        Changes in Personal Information for Employment Purposes
 
It is important that our records are correct, as inaccurate or out of date information may affect your salary or cause difficulties in situations where contact is required for emergencies.  You must notify your Line Manager immediately of all changes in the following personal information:
 
  • Name
  • Home address
  • Telephone number
  • Bank account details
  • Examinations passed/qualifications gained
  • Emergency contact
  • Driving licence penalties (if you are required to drive on Company business)
  • Criminal charge, caution or conviction
  • Conflict, or potential conflict of interest
 
Personal data on employees is considered confidential and will not be shared unlawfully.
 
 
  1. Valuing Diversity and Dignity at Work
 
a.       Valuing Diversity
 
  1. Statement
 
The Stingray Group is committed to valuing diversity and seeks to provide all staff with the opportunity for employment, career and personal development based on ability, qualifications and suitability for the work as well as their potential to be developed into the job.
 
We believe that people from different backgrounds can bring fresh ideas, thinking and approaches which make the way work is undertaken more effective and efficient.
 
The Company will not tolerate direct or indirect discrimination against any person on grounds of age, disability, gender / gender reassignment, marriage / civil partnership, pregnancy / maternity, race, religion or belief, sex, or sexual orientation whether in the field of recruitment, terms and conditions of employment, career progression, training, transfer or dismissal.
 
It is also the responsibility of all staff in their daily actions, decisions and behaviour to endeavour to promote these concepts, to comply with all relevant legislation and to ensure that they do not discriminate against colleagues, customers, suppliers or any other person associated with the Company.
 
  1. Key Actions
 
In adopting these principles The Stingray Group:
 
  1. Will not tolerate acts that breach this policy and all such breaches or alleged breaches will be taken seriously, be fully investigated and may be subject to disciplinary action where
  2. Fully recognises its legal obligations under all relevant legislation and codes of practice.
  3. Will allow staff to pursue any matter through the internal procedures which they believe has exposed them to inequitable treatment within the scope of this policy.
  4. Will ensure that all managers understand and maintain their responsibilities and those of their team under this
  5. Will provide equal opportunity to all who apply for vacancies through open competition.
  6. Will select candidates only on the basis of their ability to carry out the job, using a clear and open process.
  7. Will provide all employees with the training and development that they need to carry out their job effectively.
  8. Will provide all reasonable assistance to employees who are or who become disabled, making reasonable adjustments wherever possible to provide continued employment. We will ensure an appropriate risk assessment is carried out and that appropriate specialist advice is obtained when necessary.
 
b.       Dignity at Work
 
  1. Statement
 
The Company believes that the working environment should at all times be supportive of the dignity and respect of individuals. If a complaint of harassment is brought to the attention of management, it will be investigated promptly and appropriate action will be taken.
 
  1. What and How of Harassment
 
Harassment can be defined as conduct, which is unwanted and offensive and affects the dignity of an individual or group of individuals.
 
Sexual harassment is defined as “unwanted conduct of a sexual nature, or other conduct based on sex, affecting the dignity of women and men at work”.  This can include unwelcome physical, verbal or non-verbal conduct. 
 
People can be subject to harassment on a wide variety of grounds including:
 
  • race, ethnic origin, nationality or skin colour
  • sex or sexual orientation
  • religious or political convictions
  • willingness to challenge harassment, leading to victimisation
  • disabilities, sensory impairments or learning difficulties
  • status as ex-offenders
  • age
  • real or suspected infection with a blood borne virus (AIDS/HIV)
  • membership of a trade union or activities associated with membership
 
Forms may include:
 
  • physical contact ranging from touching to serious assault
  • verbal and written harassment through jokes, offensive language, gossip and slander, sectarian songs, letters and so on
  • visual display of posters, graffiti, obscene gestures, flags and emblems
  • isolation or non-cooperation at work, exclusion from social activities
  • coercion ranging from pressure for sexual favours to pressure to participate in political/religious groups
  • intrusion by pestering, spying, following someone
  • bullying
 
  • What should I do if subjected to Harassment?
 
If you feel you are being harassed you are strongly encouraged to seek early advice/support from your line manager. If your feel your line manager is harassing you, then you should contact his / her immediate line manager.
 
You should also keep a written record detailing the incidents of harassment and any requests made to the harasser to stop.  This written record should be made as soon as possible after the events giving rise to concern and should include dates, times, places and the circumstances of what happened.
 
 
 
 
  1. 5. Pay, Benefits & Provident fund
 
a.       Salary Arrangements
 
** Your salary will be paid monthly in arrears each month by direct credit transfer to your designated bank account.
Your wage will be paid in arrears each week by direct credit transfer to your designated bank account for wages.
 
Your basic pay was outlined in your letter of appointment / statement of terms and conditions. Any subsequent amendments to your basic pay will be notified to you in writing by the Company.
 
Part-time employees will be paid on a pro rata basis based on the hours they work. In all other aspects, their salaries will be paid in accordance with the pay arrangements for full-time employees of the Company.
 
If any queries arise with regard to pay, or if it looks as if a mistake has been made, speak to your line manager immediately so that they can take appropriate action. Unless agreed otherwise, any pay errors, whether of over or underpayment, will be rectified in the next salary payment.
 
The company considers all salary related information to be highly confidential and urge all employees to treat the information related to their own salaries the same. Any and all salary related queries must be directed to your line manager. Any sharing of information pertaining to your salary will be deemed as incitement of staff and the appropriate disciplinary measures will apply.
 
Appropriate deductions will be made from pay including income tax and UIF, which are subject to each employee's earning level and the number of hours worked.
 
b.       Overtime
 
Overtime is defined as all hours worked in excess of your full-time contracted hours, which has the prior explicit approval of your manager.
 
Overtime is payable to posts which have been specifically designated as qualifying for overtime payment. Overtime must always be pre-approved. Posts from supervisors upwards do not qualify for overtime benefits.
 
c.        Provident fund
 
**All permanent staff are required to join the company Provident fund – this is a statutory requirement; A minimum contribution is made to the fund monthly with the salary run. You may elect to invest a greater amount than the minimum in the fund and are also allowed to select the fund class that you would like to invest in on an annual basis.
 
 
 
  1. 6. Leave Arrangements
 
 
a.       Annual Leave
Annual leave may not be less than 21 days (15 working days) for full-time Employees.
This leave must be taken no later than six months after completion of the period of 12 consecutive months of employment, starting January 2010 or on date of appointment, whichever comes earlier.
This leave may not be used in conjunction with any period of sick leave, nor with a period of notice of termination of the contract of employment.
The Stingray Group may waive the restriction with respect to termination entirely at its discretion.
The Stingray Group will not pay employees in lieu of taking leave, except on termination of employment.
 
b.       Public Holidays
 
Work on a public holiday is entirely voluntary and an employee cannot be forced to work on a public holiday.
 
The official public holidays are:
New Years Day, Youth Day, Human Rights Day, National Woman’s Day, Good Friday, Heritage Day, Family Day, Day of Reconciliation, Freedom Day, Christmas Day, Employees Day, Day of Goodwill.
 
Pay for work on Public Holidays

  • Employees will be paid time off for any public holiday that falls on a working day.
  • Working on a public holiday is by agreement only.
  • Employees will be paid extra for working on a public holiday (double normal daily rate).
  • A public holiday can be exchanged with another day by agreement.
  • A public holiday cannot be counted as annual leave.
 
c.        Timing of Leave
 
Both The Stingray Group and the employee should agree to the timing of leave. This is to be done in consultation with your line manager will be treated fairly and where possible on a first-come-first-served basis. Employees must note that they cannot apply for leave when a member of their team has leave approved for the same period.
 
If they cannot agree, The Stingray Group will make the final decision.
 
The process for annual leave is as follows:
  • Employee completes and signs applicable leave form
  • Line supervisor/manager initials form (indicating agreement to request in relation to work volume and other staff back up availability)
  • Line executive manager signs form   
  • Form to be given/sent to MD’s PA
 
d.       Sick leave
During every sick leave cycle of 36 months an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of 6 weeks (30 days).
During the first 6 months of employment, an employee is entitled to 1 day’s paid sick leave for every 26 days worked.
 
The Stingray Group is not required to pay an employee if the employee has been absent from work for more than 2 consecutive days or on more than 2 occasions during an 8-week period and if the employee does not produce a bone fide medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury.
The provisions for sick leave do not apply to Employees who work less than 24 hours a month, Employees who receive compensation for an occupational injury or disease.
The Stingray Group may require a medical certificate before paying Employees who are absent for more than 2 consecutive days, or who are often absent (more than twice in an 8-week period).
 
The employee agrees that in the event of follow-up appointments relating to the well-being of the employee such as clinic visits, physiotherapy, optometry, therapy; that the employee undertakes to take half day sick leave for the period of such appointments due to the disruptive nature to the business.
 
e.       Maternity leave
 
Employees are entitled to at least 4 consecutive months’ unpaid maternity leave.
An employee who is pregnant or nursing may not do work that is unsafe for her or her child.
 
Employees may take maternity leave 1 month before their due date, or earlier or later as agreed or required for health reasons. Employees may not return to work within 6 weeks after the birth unless their doctor or midwife has approved this.
 
f.        Family responsibility leave
Employees employed for longer than four months and for at least four days a week are entitled to take 3 (three) days’ paid family responsibility leave during each leave cycle when the employee’s child is born, or when the employee’s child is sick or in the event of the death of the employee’s spouse or life partner or parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. The Stingray Group may require reasonable proof of the birth, illness or death for which an employee requests leave. The provisions for family responsibility leave do not apply to employees who have worked less than 4 months for The Stingray Group, or less than 4 days a or 24 hours a month.
Family responsibility leave expires at the end of the annual cycle and does not accumulate.
 
Process for Sick and Family responsibility leave as follows:
  • Employee completes, attaches sick certificate (or any other required document i.e. death certificate if family leave taken) and signs form
  • Line supervisor/manager initials form
  • Form to be given/sent to Line Manager
 
The following leave referred to will be unpaid leave and will be funded by UIF. This leave does not replace any other form of responsibility leave and / or maternity leave. It is merely an amendment relating to the birth of a child, whether it is by means of natural birth, adoption and / or surrogacy.
 
1.Parental Leave:
The below leave is only applicable and will only replace the existing family responsibility leave which regulates the leave allowed regarding birth of a child. The rest of the section (s) regulating the other aspects of family responsibility will remain as is.
  1. An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave.
  2. An employee may commence parental leave on –
  3. The day the employee’s child is born; or
  4. The date that the adoption order is granted; or
  5. That a child is placed in the care of a prospective adoptive parents by a competent court, pending the finalization of an adoption order in respect of that child, whichever date occurs first.
  • An employee must notify an employer in writing, unless the employee is unable to do so, of the date which the employee intends to:
  1. Commence parental leave; and
  2. Return to work after parental leave.
  3. Notification in terms must be given at least one month before the –
  4. Employee’s child is expected to be born; or
  5. Date referred to adoption order is granted.
  6. If it is not reasonably practicable to do so, as soon as is reasonably practicable.
 
  1. Adoption Leave:
  2. i) An employee, who is an adoptive parent of a child who is below the age of two, is entitled to:
  3. a) Adoption leave of at least ten weeks consecutively; or
  4. b) The parental leave referred to under Parental Leave.
  5. ii) An employee may commence adoption leave on the date:
  6. That the adoption order is granted
  7. That a child is placed in the care of the prospective adoptive parents, whichever date occurs first.
 iii) An employee must notify an employer in writing at least one month before the date of which the employee intends on going on leave and returning from leave.
  1. iv) Payment of adoption leave will fall under UIF claims.
 
  1. Commissioning Parental Leave:
  2. i) A parent who will be entitled to go on commissioning parent leave will be applicable where a surrogate motherhood agreement is in place.
  3. ii) One of the parents of the child born by means of a surrogate, will be entitled to take 10 weeks consecutive commissioning parental leave.
 iii) The other parent will have to take parental leave as was refer to above.
  1. iv) The parent taking commissioning parental leave will be entitled to take such leave upon the birth of the child, born as a result of a surrogate motherhood agreement.
 
 
 
 
 
  1. 7. Health and Safety
 
a.       Introduction
 
The Stingray Group recognises and accepts its responsibility as an employer to maintain, so far as is reasonably practicable, the safety and health of its employees, and of other persons who may affected by its’ activities.
 
It is your duty as an employee not to put at risk either yourself or others by your acts or omissions. You should also ensure that you are familiar with the Company health and safety arrangements. Should you feel concern over any health and safety aspects of your work, this should be brought to the attention of your line manager immediately.
 
b.       Procedure in the event of an accident
 
It is the responsibility of each individual employee to report and record any accident involving personal injury. Any accident or near miss occurrence (i.e. no one was injured but the incident had the potential to injure or kill) at work should be reported immediately to your line manager.
 
All employees who are absent from work following an accident must complete and clearly state the nature and cause of the injury on the leave form.
c.        First Aid 
 
The Company believes that best practice is to ensure staff have access to a trained First Aider or Appointed Person (someone who can take charge in the event of an accident). Details of these trained staff will be displayed on your local notice board or from your line manager and you should familiarise yourself with names and contact details.
 
d.       Fire Safety
 
Employees should follow these steps to help prevent fires:
 
  • Before you use any electrical appliances carry out a quick check to make sure that the cables, plugs etc are not damaged.
  • Do not use any electrical equipment that shows signs of damage, even if you think it is only minor.  Report any faults you find to your line manager and find an alternative appliance.
  • Ensure that you place your rubbish in the proper waste bins. Do not overfill the bins, and ensure that your waste bin is accessible to the cleaners at the end of each day.
 
Action to take when the fire alarm goes off:
 
  • Immediately stop what you are doing and walk (do not run) to the nearest available safe fire exit. If your nearest exit/route is obstructed, choose another route.  Make sure that you are aware of the fire exits and routes in your area.
  • Follow the instructions of your designated Fire Warden.
  • Direction signs should indicate the route to your fire exit. These comprise a white arrow on a green background sometimes accompanied by the words 'FIRE EXIT' and also a pictogram of a running man. The arrows indicate the direction of the nearest fire exit.
  • Make your way to the appropriate assembly point.
  • Once you are at the assembly point you should report to the Fire Warden, so that they can account for the people in their designated area.
  • Do not leave the designated assembly point, or attempt to re-enter the building, until you have been instructed to do so by the Fire Warden.
 
Action to take if you discover a fire:
 
  • RAISE THE ALARM! This can be achieved by shouting the instruction “Fire – call the fire brigade”.
  • Raise the alarm even if your building is fitted with an automatic fire alarm system, which has not yet activated - you must not wait for it to do so of its own accord. The alarm must be raised for every occurrence of a fire, no matter how small it appears to be. This will ensure that people in the building have adequate notice to evacuate should it begin to spread quickly. In addition, modern furnishings may allow the fire to develop unnoticed, so time is of the essence if everyone is to get out safely.
  • Call the fire brigade at the earliest available, and safe, opportunity and do not attempt to tackle the fire unless you have been appropriately trained and can safely do so e.g. a small fire in a waste paper basket. Unless you have been trained you could be putting yourself or somebody else at risk.
 
e.       Personal Safety
 
**Generally, you should try to avoid working alone whenever this is possible. However, if you have to work alone, then you need to develop an awareness of the risks and how to minimize them.
 
Prior to making an appointment with someone you do not know, obtain as much information as possible about the person you are meeting and arrange to meet the person in Company premises.  Always ring back the telephone number you have been given to confirm that it is legitimate.  If a mobile number is given you should always ask for an alternative fixed line number.
 
If visiting, let your colleagues know where you are going, with whom and what time you are expecting to return.  If you think that you are going to run over your original timescales, let your colleagues know. 
       
If you are at all concerned that you are being placed in a dangerous situation through your employment, you must discuss this with your line manager.
 
f.        Reporting of medical conditions
 
 
 
 
 
 
 
 
  1. 8. Training and Development
 
a.       Training and Development Policy**
 
 The Company aims to provide training opportunities which will provide:
 
  • An induction programme which all staff will be required to undertake and will assist staff settling into their new role/job.
 
  • A progressive training and development scheme to enable staff to develop, relevant skills and acquire knowledge to underpin their current role and career aspirations.
 
  • Company will sponsor courses and training provided a debt acknowledgement form has been completed
 
  1. 9. Leaving The Stingray Group
a.       Notice Periods
 
Unless your employment is terminated by agreement or specified otherwise in your principal statement of terms and conditions, you or the Company are required to give notice in writing. Refer to your letter of appointment or contract with The Stingray Group for the signed and agreed notice period.
 
If your employment is not terminated before you reach retirement age 60 your contract of employment will come to an end without the need for notice to be given by either party, and your employment will terminate automatically when you reach that age.
 
These periods of notice will apply if you are dismissed on grounds of inefficiency or if your dismissal is the result of disciplinary proceedings in circumstances where summary dismissal is not justified. Your employment may be terminated without notice where dismissal follows disciplinary proceedings.
 
b.       Working Notice 
 
In all cases the Company reserves the right to enforce your full notice period.  Your full remaining annual leave entitlement should be taken during your notice period in agreement with your line manager. Exceptionally, if this is not possible, your manager may agree to make a payment in lieu of this. If you leave any day other than the last working day of that month, that month will not count for annual leave purposes.
 
If you resign and are in possession of Company property (including computer files), you should make your manager aware of these, and arrange how they will be handed back to the Company. You remain bound by the confidentiality arrangements outlined in your contract of employment during this period.
 
In exceptional circumstances, if deemed appropriate and as an alternative to working your notice, the Company reserves the right either to transfer you to other suitable duties during your notice period or to require you to accept payment in lieu of any entitlement to notice.
 
c.        Other Conditions on Leaving
 
On leaving, the Company will deduct from any money due to you such sums as you may owe to the Company.  These may include, but are not restricted to, any loans, , court orders and payment made for holidays taken in excess of entitlement.
 
If you leave without giving notice and without the Company’s agreement, you are in breach of your contract and you may forfeit some or all of any salary due to you.
 
Before leaving, you must hand over to your manager all articles belonging to The Stingray Group including your ID badge and any documents, equipment and computer software used at home.  Documents and software include (but are not limited to) correspondence, diaries, address books, databases, files, reports, plans, records or any other medium for storing information.  You should not retain any copies, drafts, reproductions, extracts or summaries of documents and software.
 
After you have left the Company, you must not:
 
  • Solicit or seek to entice away any Company staff
  • Use or divulge to any person or organisation any confidential information relating to the business of The Stingray Group.
 
Should your employment be terminated following disciplinary action it is likely you will receive payment in lieu of notice.  However, as there are numerous reasons as to why someone is dismissed, payment in lieu of notice will be reviewed on an individual basis taking into consideration the reasons behind the dismissal.
 
Should you be dismissed for reasons of gross misconduct, your employment will be terminated immediately without the benefit of notice or payment in lieu of notice.
 
d.       Exit Interview
Upon your notification of termination of employment, you need to ensure you schedule an exit interview with the HR Manager. This exit interview will be a specific term and condition of your finalization of all matter with the company which will include a communication on your final remuneration. Failure to do so may delay the payment process.
  1. 10. Appendix 1 Disciplinary and Grievance Procedures
 
DISCIPLINARY PROCEDURE
SCOPE
 
The Company Disciplinary Procedure will be used only when necessary and as a last resort. Where possible, informal and/or formal counselling or other good management practice will be used to resolve matters prior to any disciplinary action being taken. The procedure is intended to be positive rather than punitive but takes cognisance of the fact that sanctions may have to be applied in some circumstances.
An employee can discuss any part of this policy with their Line Manager. They can help clarify an employee’s rights as well as give guidance and support where it may be needed. Every individual has the right to representation at any point during the disciplinary process.
 
SUSPENSION
 
Suspension is not disciplinary action. The purpose of suspension is manifold and can be used when it is necessary to remove a member of staff from the workplace pending an investigation for example, to allow time for a 'cooling down period' for both parties, for their own or others protection, to prevent them influencing or being influenced by others or to prevent possible interference with evidence. Only the Manager in charge of that individual, at that time or their superior, have the authority to suspend an individual.
An employee suspended from duty will receive written confirmation within three days of:
  • the reason for the suspension
  • the date and time from which the suspension will operate.
  • the timescale of the ongoing investigation.
  • the right of appeal to the immediate manager of the suspending manager should the suspension last more than 7 days
 
COUNSELLING
 
Counselling is an attempt to correct a situation and prevent it from getting worse without having to use the disciplinary procedure. Where improvement is required, the employee must be given clear guidelines as to:
  • what is expected in terms of improving shortcomings in conduct or performance
  • the time scales for improvement
  • when this will be reviewed
  • the employee must also be told, where appropriate, that failure to improve may result in formal disciplinary action.
 
A record of the counselling should be given to the employee and a copy retained in their personnel file. It is imperative that any counselling should be followed up and improvements recognised and recorded. Once the counselling objectives have been met, any record of the counselling will be removed from the employees file.
If during counselling it becomes clear that the matter is more serious, then the discussion should be adjourned, and pursued under the formal disciplinary procedure.
 
PROCEDURE FOR FORMAL INVESTIGATION
 
Formal investigations should be carried out by the most appropriate manager who is not directly involved with the incident being investigated. This manager may involve others to assist with the investigation process. All the relevant facts should be gathered promptly as soon as is practicable after the incident. Statements should be taken from witnesses at the earliest opportunity. Any physical evidence should be preserved and/or photographed if reasonable to do so.
A report should be prepared which outlines the facts of the case. This should be submitted to the appropriate senior manager / Director who will decide whether further action is required. Where appropriate, this report may be made available to the individual and their representative.
In most circumstances where misconduct or serious misconduct is suspected, it will be appropriate to set up an investigatory hearing. This would be chaired by the appropriate Senior Manager / Director, who would be accompanied by another manager. The investigating manager would be asked to present his/her findings in the presence of the employee who has been investigated. Witnesses should be called at this stage, and the employee allowed to question these witnesses. The employee has a right of representation at this hearing.
Following the full presentation of the facts, and the opportunity afforded to the employee to state his side of the case, the hearing should be adjourned, and everyone would leave the room except the senior manager / Director hearing the case, and the other manager. They would discuss the case and decide which of the following option was appropriate:
 
  1. take no further action against the employee
  2. recommend counselling for the employee
  3. proceed to a disciplinary hearing
 
All parties should be brought back, and informed as to which option has been chosen.
Should the decision be taken to proceed to a disciplinary hearing, then this may follow on immediately from the investigatory hearing if the following criteria have been met:
 
  • the employee has been informed by letter that the investigation may turn into a disciplinary hearing, and that he has the right of representation
  • he has been told in advance what the nature of the complaint is, and had time to consult with a representative
  • all the facts have been produced at the investigatory hearing, and the manager / Director is in a position to decide on disciplinary action.
  • the manager should inform the employee and their representative that the hearing would now become a formal disciplinary hearing, and invite them to say anything further in relation to the case.
 
It may be appropriate at this point to adjourn proceedings, whilst necessary arrangements are made for a representative to attend the hearing at the request of the employee.
Should anyone who is subject to disciplinary action resign during the course of it, the action will cease unless there are extenuating circumstances which require it's continuance. The subject of the discipline may also request that the disciplinary action continue.
 
WARNINGS
 
Examples of Minor Misconduct
 
Below are listed examples of misconduct which may warrant either a Verbal Warning or a First Written Warning. It is stressed however that this list is not exhaustive and that on all occasions a full and proper investigation must take place prior to the issue of a warning.
  • Persistent lateness and poor time-keeping.
  • Absence from work, including going absent during work, without valid reason, notification or authorisation.
  • Smoking within unauthorised areas.
  • Failure to work in accordance with prescribed procedures.
  • Incompetence.
  • Unreasonable standards of dress or personal hygiene.
  • Failure to observe Company regulations and procedures.
 
Verbal Warning
 
A Verbal Warning is appropriate when it is necessary for the manager in charge to take action against an employee for any minor failing or minor misconduct.
 
First Written Warning
 
A First Written Warning is appropriate when:
  • a verbal warning has not been heeded and the misconduct is either repeated or performance has not improved as previously agreed.
  • an offence is of a more serious nature for which a written warning is more appropriate.
  • the recurrence or accumulation of an offence/offences, if left, will lead to more severe disciplinary action.
 
Examples of Gross – Misconduct
 
Listed below are examples of misconduct which may be considered to be Gross Misconduct and may warrant a Final Warning, Demotion or Dismissal. It is stressed however that this list is not exhaustive and that on all occasions a full and proper investigation must take place prior to the issuing of a Final Warning, Demotion or Dismissal.
  • Theft, including unauthorised possession of Company property.
  • Breaches of confidentiality, prejudicial to the interest of the Company,
  • Being unfit for duty because of the misuse/consumption of drugs or alcohol.
  • Refusal to carry out a management instruction which is within the individual’s capabilities and which would be seen to be in the interests of the Company.
  • Breach of confidentiality / security procedures.
  • Bribing or attempting to bribe another individual, or personally taking or knowingly allowing another person to take a bribe;
  • Physical assault, breach of the peace or verbal abuse.
  • False declaration of qualifications or professional registration.
  • Failure to observe Company rules, regulations or procedures.
  • Wilful damage of property at work.
  • Incompetence or failure to apply sound professional judgement.
 
Final Written Warning
 
A Final Written Warning is appropriate when:
  • an employee's offence is of a serious nature falling just short of one justifying dismissal.
  • an employee persists in the misconduct which previously warranted a lesser warning.
 
Downgrading or Transfer to another Post
 
This action is appropriate when:
  • previous attempts, via the disciplinary procedure, to rectify a problem have failed and this is a final attempt to solve a problem without having to dismiss an employee.
  • an employee is considered by the Manager of the department to be incompetent or otherwise unfit to fulfil the duties for which he is employed but where dismissal is not thought to be appropriate.
 
Dismissal
 
Dismissal is appropriate when
  • an employee's behaviour is considered to be Gross Misconduct.
  • an employee’s misconduct has persisted, exhausting all other lines of disciplinary procedure.
 
 
GRIEVANCE PROCEDURE
 
The grievance procedure is intended as the tool by which a member of staff may formally have a grievance, regarding any condition of their employment, heard by the management of the Company. The aggrieved employee has the right to representation by a Trade Union Representative, a professional organisation, a staff association or a colleague/friend.
 
In the event of a member of staff wishing to raise a grievance, it is preferable for the grievance to be satisfactorily resolved as close to the individual and their line manager as possible. It is understood however that this is not always possible and that a formal procedure is required to ensure the swift and fair resolution of matters which aggrieve the hospital's employees.
 
Time scales have been fixed to ensure that grievances are dealt with quickly, however these may be extended if it is agreed upon by both parties.
 
This procedure is not intended to deal with:
  1. Dismissal or disciplinary matters which are dealt with in a separate procedure.
  2. Disputes, which are of a collective nature and which are dealt with in a separate procedure.
 
Stage 1
 
An employee who has a grievance, should raise the matter with his manager immediately either verbally or in writing. If the matter itself concerns the employees immediate manager, then the grievance should be taken to their superior.
 
If the manager is unable to resolve the matter at that time then a formal written grievance form should be submitted (see appendix 1). The manager should then respond within 2 working days (i.e. the managers normal working days) to the grievance unless an extended period of time is agreed upon by both parties. The response will give a full written explanation of the mangers decision and who to appeal to if still aggrieved.
 
Stage 2
 
In most instances the Company would expect the mangers' decision to be final and for the matter to come to a close. However, in some circumstances the employee may remain aggrieved and can appeal against the decision of the manager concerned.
 
The appeal, to the manager next in line, must be made within ten working days of the original response to the employees’ grievance. The appeal must be in writing (see appendix 2) and contain the original formal Grievance form. This manager will attempt to resolve the grievance. A formal response and full explanation will be given in writing, as will the name of the person to whom they can appeal if still aggrieved, within 7 days.
 
Where the 'next in line' manager at this stage is the Director with responsibility for the employees’ function, then the grievance should immediately progress to stage 3.
 
Stage 3
 
If the employee remains aggrieved there will be a final level of appeal to the Director responsible for the employees’ function. This appeal must be made in writing (see appendix 3), enclosing a copy of the original Formal Grievance form, to the director within ten working days of receipt of the Stage 2 response. This Director will arrange and hear the appeal with another management representative and respond formally with a full explanation within 20 working days.
 
Where a grievance is raised against a Director then the grievance will be heard by the Chief Executive.
There is no further right of appeal. Where however both parties agree that there would be some merit in referring the matter to a third party for advice, conciliation or arbitration, arrangements will then be made to find a mutually acceptable third party.
 
 
Grievance Procedure -  Appendix 1
 
 
 
 
 
 
To:
 
From:
 
Dept:
 
Date:
 
Immediate Superior:
 
 
 
Dear
 
 
I wish to take a formal grievance out against:
 
 
 
 
 
in line with the Company Grievance Procedure. The details of my grievance are shown below:
 
 
 
 
 
 
 
 
 
 
Yours sincerely,
 
(Manager should respond to this formal written grievance within 2 working days unless an extended period for response is mutually agreed)
 
 
Grievance Procedure - Appendix 2
 
 
 
 
 
 
To
 
From
 
Dept
 
Date
 
Immediate Superior
 
 
 
Dear
 
 
On (within 10 days of the response to the initial formal grievance) my grievance against was heard by
I am not satisfied with the outcome of this meeting and would like to appeal to yourself for a further hearing of my grievance, in line with the Company Grievance Procedure.
 
I enclose a copy of the original letter regarding this matter and other correspondence and information related to it.
 
 
Yours sincerely
 
 
 
 
 
 
 
 
 
 
(Manager should respond to this formal written grievance within 7 days unless an extended period for response is mutually agreed)
 
 
Grievance Procedure - Appendix 3
 
 
 
 
 
 
To (Director):
 
From:
 
Dept:
 
Date:
 
Immediate Superior:
 
 
Dear
 
 
On (within 10 days of the response to the second stage of the formal grievance) I appealed to against the decision made at my initial grievance against
 
 
 
 
 
I remain dissatisfied with the outcome of this meeting and would like to appeal to you for a further hearing of my grievance, in line with the Company Grievance Procedure.
 
I enclose a copy of the original letter regarding this matter and other correspondence and information related to it.
 
 
Yours sincerely
 
 
 
 
 
 
 
 
 
 
(Director should respond to this formal written grievance within 20 working days unless an extended period for response is mutually agreed)
  1. 11. Appendix 2 – Freedom of Association and Collective Bargaining Policy
 
Company Policy:
 
The Management of The Stingray Group undertakes the following with regards to Freedom of Association and Collective Bargaining:
 
Principle Statement as per the guideline:
 
Senior Management shall recognize and respect the individual’s rights to freedom of association and collective bargaining and shall not interfere with; discriminate against or otherwise prejudice workers or their representatives.
 
Policy:
 
Management will ensure that workers know that they won’t be discriminated against if they belong to unions or workers committee members.
Management shall not interfere or discriminate against any worker committee / union members and members shall be free to do their duties within working hours without any form of obstruction, manipulation or interference.
A copy of the Labour Relations Act shall be available on the notice boards.
Management recognises the workers right to collective bargaining.
 
Child Labour Policy
 
The Stingray Group endeavors to provide a conducive working environment that is characterized by equality and mutual respect.
The company will not tolerate the use of child or forced labour, nor exploitation of children in any of its operations and facilities.
 
Definition:
 
Child labour, as defined is “work by children under the age of 12; work by children under the age of 15 that prevents school attendance; and that is hazardous to the physical or mental health of the child.
In the conduct of its business, The Stingray Group:
  • Will not employ children that falls into the definition as stipulated above, notwithstanding any national law or local regulation;
  • Will comply with all other applicable child labour laws, including those related to wages, hours worked, overtime and working conditions.
  • Is against all forms of exploitation of children. The company does not provide employment to children before they have reached the legal age to have completed their compulsory education, as defined by the relevant authorities;
  • Expects its business partners and associates to have and uphold similar standards and abide by country-governing laws in countries wherein they operate. Should violation of these Principles become known to The Stingray Group and not be remediated, we will take serious action.
  • It is the responsibility of local management and Human Resource Department to implement and ensure compliance with this policy at all The Stingray Group operations and facilities.
  1. 12. Appendix 3 – Internet use policy
 
By logging on to the network every day, you are agreeing to the rules and regulations of The Stingray Group and that any information on any computer is the sole property of The Stingray Group.
The Stingray Group is entitled to and will conduct periodic inspection of computer use and software on machines without prior notice and any staff member found in contravention to the policy will face disciplinary action.
 
THE STINGRAY GROUP COMPUTER AND INTERNET POLICY
 
The Stingray Group’s internal network is connected to the Internet. Everyone with computer access to the internal network has the ability access the Internet, including use of electronic mail and the World Wide Web. While the Internet is a great resource for our organization, it is the responsibility of each employee to use this resource responsibly and respectfully. It is assumed that the predominant use of these resources will be for work use, and that any personal use of electronic mail or the World Wide Web will be limited; never a priority over work matters. If an employee is found spending excessive time on personal use of these resources, this privilege may be revoked for that employee.
Electronic mail sent from the Institute should be treated the same as any other communication that is sent. All communications represent The Stingray Group as a whole, and as such, should be written in a professional and appropriate manner.
The use of The Stingray Group’s automation systems, including computers, fax machines, and all forms of Internet/Intranet access, is for company business and for authorized purposes only. Brief and occasional personal use of the electronic mail system or the Internet is acceptable as long as it is not excessive or inappropriate, occurs during personal time (lunch or other breaks), and does not result in expense to the Company.
 
Use is defined as "excessive" if it interferes with normal job functions, responsiveness, or the ability to perform daily job activities. Electronic communication should not be used to solicit or sell products or services that are unrelated to the Company's business; distract, intimidate, or harass co-workers or third parties; or disrupt the workplace.
 
Use of Company computers, networks, and Internet access is a privilege granted by management and may be revoked at any time for inappropriate conduct carried out on such systems, including, but not limited to:
  • Sending chain letters or participating in any way in the creation or transmission of unsolicited commercial e-mail ("spam") that is unrelated to legitimate Company purposes;
  • Engaging in private or personal business activities, including excessive use of instant messaging and chat rooms (see below);
  • Misrepresenting oneself or the Company;
  • Posting derogatory or negative comments online about the company or its suppliers / vendors and / or clients;
  • Violating the laws and regulations of South Africa in any way;
  • Engaging in unlawful or malicious activities;
  • Deliberately propagating any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm either the Company's networks or systems or those of any other individual or entity;
  • Using abusive, profane, threatening, racist, sexist, or otherwise objectionable language in either public or private messages;
  • Sending, receiving, or accessing pornographic materials;
  • Causing congestion, disruption, disablement, alteration, or impairment of Company networks or systems;
  • Maintaining, organizing, or participating in non-work-related Web logs ("blogs"), Web journals, "chat rooms", or private/personal/instant messaging;
  • Failing to log off any secure, controlled-access computer or other form of electronic data system to which you are assigned, if you leave such computer or system unattended;
  • Using recreational games; and/or
  • Defeating or attempting to defeat security restrictions on company systems and applications
  • Use of banned sites, including but not limited to radio stations, video sites, myspace.com, facebook.com, youtube.com, dating sites, personal social sites
 
Using Company automation systems to access, create, view, transmit, or receive racist, sexist, threatening, or otherwise objectionable or illegal material is strictly prohibited. "Material" is defined as any visual, textual, or auditory entity. Such material violates the Company anti-harassment policies and is subject to disciplinary action. The Company's electronic mail system, Internet access, and computer systems must not be used to violate the laws of South Africa, city, province, or other local jurisdiction in any way. Use of company resources for illegal activity can lead to disciplinary action, up to and including dismissal and criminal prosecution. The Company will comply with reasonable requests from law enforcement and regulatory agencies for logs, diaries, archives, or files on individual Internet activities, e-mail use, and/or computer use.
 
Unless specifically granted in this policy, any non-business use of the Company's automation systems is expressly forbidden.
 
It is an express term of your employment that any and all personal opinions you may have on any social and / or online media platforms of the company, its customers, suppliers, contractors and / or clients; not limited hereto; will not be the official opinion of the company and all onus of such opinions will be that of the employee. You hereby acknowledge that you shall be legally liable for any negative comments and or slander posted by yourself.
 
If you violate these policies, you could be subject to disciplinary action, up to and including dismissal.
 
Ownership and Access of Electronic Mail, Internet Access, and Computer Files
 
The Company owns the rights to all data and files in any computer, network, or other information system used in the Company. The Company also reserves the right to monitor electronic mail messages (including personal/private/instant messaging systems) and their content, as well as any and all use of the Internet and of computer equipment used to create, view, or access e-mail and Internet content. Employees must be aware that the electronic mail messages sent and received using Company equipment are not private and are subject to viewing, downloading, inspection, release, and archiving by Company officials or its delegates at all times. The Company has the right to inspect any and all files stored in private areas of the network or on individual computers or storage media in order to assure compliance with policy and state and federal laws. No employee may access another employee's computer, computer files, or electronic mail messages without prior authorization from either the employee or an appropriate Company official.
 
The Company has licensed the use of certain commercial software application programs for business purposes. Third parties retain the ownership and distribution rights to such software. No employee may create, use, or distribute copies of such software that are not in compliance with the license agreements for the software. Violation of this policy can lead to disciplinary action, up to and including dismissal.
 
Confidentiality of Electronic Mail
 
As noted above, electronic mail is subject at all times to monitoring, and the release of specific information is subject to applicable laws and Company rules, policies, and procedures on confidentiality. Existing rules, policies, and procedures governing the sharing of confidential information also apply to the sharing of information via commercial software. Since there is the possibility that any message could be shared with or without your permission or knowledge, the best rule to follow in the use of electronic mail for non-work-related information is to decide if you would post the information on the office bulletin board with your signature.
 
It is a violation of Company policy for any employee, including system administrators and supervisors, to access electronic mail and computer systems files to satisfy curiosity about the affairs of others. Employees found to have engaged in such activities will be subject to disciplinary action.
 
 
Electronic Mail Tampering
 
Electronic mail messages received should not be altered without the sender's permission; nor should electronic mail be altered and forwarded to another user and/or unauthorized attachments be placed on another's electronic mail message.
 
Policy Statement for Internet/Intranet Browser(s)
 
The Internet is to be used to further the Company's mission, to provide effective service of the highest quality to the Company's customers and staff, and to support other direct job-related purposes. Supervisors should work with employees to determine the appropriateness of using the Internet for professional activities and career development. The various modes of Internet/Intranet access are Company resources and are provided as business tools to employees who may use them for research, professional development, and work-related communications. Limited personal use of Internet resources is a special exception to the general prohibition against the personal use of computer equipment and software.
 
Employees are individually liable for any and all damages incurred as a result of violating company security policy, copyright, and licensing agreements.
 
All Company policies and procedures apply to employees' conduct on the Internet, especially, but not exclusively, relating to: intellectual property, confidentiality, company information dissemination, standards of conduct, misuse of company resources, anti-harassment, and information and data security.
 
 
Personal Electronic Equipment
 
The Company prohibits the use on its network of any type of camera phone, cell phone camera, digital camera, video camera, or other form of image-recording device without the express permission of the Company. Employees with such devices should leave them at home unless expressly permitted by the Company to do otherwise. This provision does not apply to designated Company personnel who must use such devices in connection with their positions of employment.
 
Employees should not bring personal computers to the workplace or connect them to Company electronic systems unless expressly permitted to do so by the Company. Any employee bringing a personal computing device or image recording device onto Company premises thereby gives permission to the Company to inspect the personal computer or image recording device at any time with personnel of the Company's choosing and to analyse any files, other data, or data storage media that may be within or connectable to the personal computer or image recording device in question. Employees who do not wish such inspections to be done on their personal computers or imaging devices should not bring such items to work at all.
 
Violation of this policy, or failure to permit an inspection of any device covered by this policy, shall result in disciplinary action, up to and possibly including immediate termination of employment. In addition, the employee may face both civil and criminal liability from the Company or from individuals whose rights are harmed by the violation.
 
 
 
 
 
 
 
 
 
 
 
 
 
  1. Appendix 4 – Debt acknowledgement with regards to Training and Development
 
DEBT ACKNOWLEDGEMENT
 
I, ……………………. , hereby acknowledge that The Stingray Group has agreed to pay R______ for my attendance for the following training :-
  • ………………………………………………………………………………..
from ____________ to ________________
  1. I am aware that should I not successfully complete the course, The Stingray Group reserves the right to recover the FULL cost of the course from me.
  2. I further undertake to remain in the employ of The Stingray Group for a period of 3 (three) years after the completion of the course. Should I not complete this period of employment, I agree that I will be liable for repayment of the course fees as scheduled below and that The Stingray Group may recover all amounts due from my final earnings.
  • Resign/leave within 1st year (prior _____________) – 100% repayable
  • Resign/leave within 2nd year (prior _____________) – 66.6% repayable
  • Resign/leave within 3rd year (_____________) – 33.3% repayable
  • Resign/leave within 4th year – 0% repayable
 
SIGNED AT  WOODSTOCK                 THIS ______  day of _____________  20____.
 
 
 
..…………………………….                                                ..…………………………….
EMPLOYEE’S  NAME                                              EMPLOYEE’S SIGNATURE
 
 
 
 
 
 
 
 
 
 
 
 
  1. Appendix 5 – CCTV Policy and Procedure
 
  1. Introduction
 
This policy aims to ensure that the CCTV systems installed and operated by The Stingray Group comply with the law and that the scope, purpose and use of the systems are clearly defined and understood.
 
  1. Definitions
 
For the purpose of the policy the following definitions will apply:
  • The Stingray Group refers to the organisation known as The Stingray Group and is situated at 5 Beach Road, Woodstock, Cape Town
  • CCTV is the closed-circuit television system
  • The Data Controller is the IT Manager and/or any Executive Manager
  • MD refers to The Stingray Group’s Managing Director
  • HR refers to the Human Resources Department
 
  1. Scope
 
This policy is binding on all employees of The Stingray Group and all employees of any contracted-out services. It also applies to all other persons who maybe present, for whatever reason, on The Stingray Group property.
 
  1. Ownership and Operation
 
The CCTV system and all recorded material and copyright are owned by THE STINGRAY GROUP.
 
  1. Principles
 
The following principles will govern the operation of the CCTV system:
  • The CCTV system will be operated fairly and lawfully and only for the purposes set out in this policy
  • The CCTV system will be operated with due regard for privacy of the individual.
  • Any changes to the purposes for which the CCTV system is operated will require prior approval of the MD.
 
  1. Purpose of the CCTV system
 
The system is intended to provide an increased level of security in the workplace for the benefit of those who work in or visit THE STINGRAY GROUP premises.
The CCTV system will be used to respond to the following key objectives:
  • To detect, prevent or reduce the incidence of crime
  • To prevent and respond effectively to all forms of harassment and disorder.
  • To reduce the fear of crime
  • To create a safer environment
  • To gather evidence by a fair and accountable method
  • To provide emergency services assistance
  • To assist with health and safety and other serious occurrences
  • To detect, prevent and reduce the incidence of any internal conduct and performance matters which can lead to THE STINGRAY GROUP’s disciplinary procedure being initiated.
 
As confidence in the system is essential, all cameras may be operational..
 
  1. System details
 
The CCTV systems comprise of both visible and covert cameras situated in various locations around THE STINGRAY GROUP, which continuously record activities in these areas. The images are stored in digital video recorders which are kept in secure areas accessible physically and virtually only by authorised staff.
 
  1. Installation and signage
 
Cameras shall not be hidden from view and signs will be prominently displayed at the entrance to each THE STINGRAY GROUP building.
The signs will indicate:
  • The presence of monitoring and recording
  • The reason for recording
 
  1. Covert recording
 
Covert cameras may be used within pre-defined CCTV areas under the following circumstances on the written authorisation of the MD:
  • That informing the individual(s) concerned that recording was taking place would seriously prejudice the objective of making the recording; and
  • That there is reasonable cause to suspect that unauthorised or illegal activity is taking place or is about to take place.
 
Any such covert processing will only be carried out for a limited and reasonable period of time consistent with the objectives of making the recording and will only relate to the specific suspected unauthorised activity.
 
  1. Data Protection
 
Where images of living, identifiable individuals are deliberately recorded, this is likely to compromise those individual’s personal data. The collection, use and storage of personal data are governed by the Protection of Personal Information Act.
 
Given that any particular sequence of CCTV recording may include personal data; all such recordings will be treated in accordance with the data protection principles. The principles are set out in full in Appendix 1.
 
Data subject’s rights, including a right of access to their personal data will be respected where recordings are confirmed to comprise personal data. Where an individual requests access to recordings believed to be their personal data, the matter shall be referred to the HR department.
 
 
  1. Access to live footage and recordings
 
11.1. Access to live footage.
 
Images and Live Footage captured by the system will be monitored in a self-contained and secure manner. For operational purposes, and in accordance with the stated purposes of the system, only designated staff, shall have access to live footage. Non-essential access to the CCTV systems will be controlled by means of password protection, with access levels controlled and monitored by the Data Controller.
 
Passwords will be changed every 3 months, and in any case if they are shared with another staff member for the purposes of an investigation into a serious occurrence, once this access is no longer required for this purpose. The passwords will be updated and changed.
 
11.2. Access to recordings.
 
For Operational purposes and in accordance with the stated purposes of the system, only designated staff shall have primary access to CCTV recordings.  The Data Controller or nominee may permit the viewing of CCTV recorded materials by Police and other staff where this is necessary in connection with a serious occurrence. The Data Controller or nominee will have authority for making a decision regarding who should have access to this data other than designated staff and ensuring that data is used in accordance with the Protection of Personal Information Act.
 
11.3. Downloading of recorded material
 
Pre-recorded CCTV data should not be downloaded due to potential infringement of the Protection of Personal Information Act. Data should only be downloaded or saved if it forms part of an investigation into a serious occurrence including a staff conduct or performance matter. Requests for data should only come from the HR Department, the Executive Managers or the Police.
 
Once a request to save information is received the Data Controller, (or in his absence an Executive Manager), then collates the required data.
 
  1. Access by Data Subjects
 
CCTV digital images, if they show a recognizable person, are personal data and are covered by the Protection of Personal Information Act. Anyone who believes that they have been filmed by CCTV is entitled to ask for a copy of the data, subject to exemptions contained in the Act.
 
Data Subjects may make a Subject Access Request for CCTV images/recordings/information (request for data about themselves) by applying in writing to the HR department and must provide the following information:
 
  • dates and times of the incident or their visit to The Stingray Group with details of the specific location on The Stingray Group premises;
  • two photographs –one full face and one side view;
  • proof of identity (e.g driving license/passport containing a photograph);
  • reason for the request
 
A response will be provided promptly and in any event within 10 working days of receiving the required information.
 
THE STINGRAY GROUP has the right to refuse a request for a copy of the data particularly where but not limited to, such access could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.
 
If it is decided that a data subject access request is to be refused, the reasons will be fully documented and the data subject informed in writing, stating the reasons.
 
  1. Retention and disposal of recorded materials
 
CCTV recordings and other materials produced from them shall be retained for up to 14 calendar days unless an incident is recorded which requires further investigation. In the latter case, recordings shall be kept for the relevant investigation.
All media no longer required, on which recordings were made will be returned to the Data Controller to be destroyed.
 
  1. Breaches of the code and complaints
 
A copy of this policy will be made available to anyone requesting it. Breaches of this policy should be reported immediately to the Data Controller or the HR Department. Any complaint concerning misuse of the system will be treated seriously and fully investigated.
 
Breaches of this policy shall be dealt with in accordance with the appropriate disciplinary policy. Serious breaches of this policy may result in criminal liability on behalf of the individual which may also be considered as gross misconduct.
 
 
  1. Data Protection Principles:
“Processing” shall be taken to mean all operations including obtaining, recording, storing, analysing or converting into other formats.
 
  1. Personal data shall be processed fairly and lawfully
  2. Personal data shall be obtained only for one or more specified and lawful purposes and shall not be processed in a manner incompatible with those purposes
  3. Personal data shall be adequate, relevant and not excessive in relation to the purpose for which the data is held
  4. Personal data shall be accurate and, where necessary, kept up to date
  5. Personal data shall not be held longer than is necessary in relation to the stated purposes
  6. Personal data will be processed in accordance with the rights of data subjects under the Protection of Personal Information Act.
  7. The data controller shall take appropriate security measures to prevent unauthorised or accidental access to, alteration, disclosure or loss and destruction of personal data.
  8. Personal data will not be transferred outside The Republic of South Africa without ensuring an adequate level of protection in relation to the processing of personal data.
 
 
 
  1. 15. Appendix 6 – Homeworkers, Outworkers and Subcontractors
 
 
  1. Policy
 
The Stingray Group acknowledges the existence of homeworkers, subcontractors and outworkers in the supply chain.
This policy is applicable to The Stingray Group’s own branded exclusive product suppliers. Where applicable we will make our position clear to branded product suppliers.
This policy defines homeworkers, subcontractors and outworkers and provides guidance improving the working conditions of homeworkers, subcontractors and outworkers.
 
  1. Background
 
The Stingray Group expects its suppliers not only to obey the law, but also to respect the rights,
interests and wellbeing of their employees (including homeworkers, subcontractors and outworkers), their communities and the environment. The Stingray Group also expects its suppliers to be honest about the issues they face and share best practice so we can work together to make realistic, long-term improvements.
 
The Stingray Group recognises that the lack of visibility in the supply chain and the irregular employment status of homeworkers, subcontractors and outworkers, makes homeworkers, subcontractors and outworkers a vulnerable group. They often face conditions that fall below minimum standards laid down by international and national legislation. This normally translates into irregular work, low pay, and often unsafe working practices.
The Stingray Group believes that the first step towards reducing the vulnerability of these workers is to acknowledge their presence in our supply chain and being open and positive towards this. Reacting negatively towards it is likely to either remove a much-needed source of income for these workers who cannot participate in the formal economy; or drive them underground and thereby preventing any progress in improving working conditions.
 
  1. Definitions:
 
Homeworking
The term homeworker means work carried out by a person, to be referred as a homeworker.
  • in his or her home or in other premises of his or her choice, other than the workplace of the employer.
  • for remuneration
  • which results in a product or service as specified by the employer, irrespective of who provides the equipment, materials or other inputs used.
  1. b) persons with employee status do not become homeworkers, within the meaning of this convention simply by occasionally performing their work as employees at home, rather than their usual workplaces.
  2. c) the term employer means a person, who, either directly or through an intermediary, whether or not intermediaries are provided for in national legislation, gives out home work in pursuance of his or her business activity.
 
Outworkers
The term outworkers are workers who hold explicit or implicit contracts of employment under which they agree to work for THE STINGRAY GROUP, or to supply a certain quantity of goods or services to a particular enterprise, by prior arrangement or contract with THE STINGRAY GROUP, but; whose place of work is not within any of the establishments which make up THE STINGRAY GROUP.
 
Subcontractors
The term subcontractor is a person who is hired by THE STINGRAY GROUP to perform a specific task as part of the overall project and is remunerated for services provided to the project by the originating general contractor. While the most common concept of a subcontractor is in building works, they could be used to manufacture goods or provide services to our customers
 
4.Implementation
 
The Stingray Group Policies apply to all suppliers and The Stingray Group expects all its suppliers to abide by it. However, The Stingray Group acknowledges that improving working conditions for homeworkers and outworkers is a complex issue, and achieving sustainable improvements will take time and require a stepped approach by The Stingray Group and its suppliers.
 
  1. The Stingray Group commitments:
 
The Stingray Group will communicate our position on homeworkers, subcontractors and outworkers throughout the company. We will ensure that the presence of homeworkers and outworkers in the supply chain will not lead to the relocation of work or cancellation of orders. We will work with our suppliers to identify where homeworking and outworking occurs in the supply chain beneath them.
 
  1. Supplier expectations:
 
Suppliers will ensure all their factories are registered on Sedex (Supplier Ethical Data Exchange).
Suppliers should work with their contractors and subcontractors to identify where homeworking is occurring in the supply chain.
Suppliers should compile an action plan with their contractors and subcontractors to improve working conditions of homeworkers and outworkers.
Suppliers must introduce a management process that has demonstrable progress.
 
  1. Working conditions for homeworking:
 
Every effort shall be made to provide a safe and hygienic working environment.
Wages and benefits shall be comparable with locally benchmarked industry norms or national requirements. Wages shall always be sufficient for basic needs whilst still providing some discretionary income.
Information relating to wages shall be available to workers in an understandable format.
The records relate to number of pieces completed and payments made.
Children under the age of 18 shall not be recruited or employed.
 
  1. Outworkers
 
Every effort shall be made to provide the same quality and proficiency of goods and services that is upheld by The Stingray Group.  Any outsourced work will be quality assessed prior to the supply to the customer.
The Outworkers mandate is to ensure they comply to the quality standards and legislative requirements.
 
 
  1. Subcontractors
 
Any Subcontractors, contracted to The Stingray Group will ensure that they confirm to the Occupational Health and Safety standards of the business, provide the goods and/services are required by The Stingray Group in a safe, neat and previously agreed format.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  1. 16. Appendix 7 – Environmental Policy
 
The Stingray Group is committed to taking responsibility for the short and long term economic, social and environmental implications of decisions across its business.
The Stingray Group commits to building its business through effective partnerships and enhancing the confidence of consumers in our products.
In pursuit of the highest standards of environmental care and protection, The Stingray Group is committed to:
 
  • Managing all aspects of this environmental policy as an integral part of business while adopting a precautionary approach to environmental challenges.
  • Developing and implementing appropriate environmental policies, systems, programmes and training and ensuring these are adequately resourced.
  • Complying with relevant legislation and other requirements to which The Stingray Group subscribes and aligning with international good practice.
  • Adopting the mitigation hierarchy approach by first assessing, seeking to avoid, minimising and then rehabilitating potential environmental impacts, risks and emergencies when planning, designing and implementing exploration, producing, marketing and related activities.
  • Promoting the efficient and sustainable use of natural resources, especially energy and water, by employing the principles of reduction, recovery, re-use and recycling.
  • Reducing greenhouse gas emissions and participating in climate change initiatives.
  • Managing wastes, effluents, emissions, dust and the use of hazardous substances to prevent pollution.
  • Fostering awareness across the organisation, communicating and building a culture of shared responsibility and accountability for the environment.
  • Engaging and co-operating openly with governments, local communities, employees and other interested parties to improve understanding, promote constructive interaction and seek solutions to common environmental and social issues.
  • Ensuring that joint venture partnerships and contractors follow practices consistent with this policy.
  • Innovating to introduce sustainable packaging
 
Objective
 
The objective of this policy is to provide requirements for the leadership, management, application and administration of the Environmental Policy within The Stingray Group.
 
 
 
 
 
  1. Appendix 8 – Human rights policy
 
HUMAN RIGHTS
 
Respect for human rights is fundamental to the sustainability of The Stingray Group and the communities in which we operate. In our Company and across our system, we are committed to ensuring that people are treated with dignity and respect.
 
The Stingray Group’s Human Rights Policy is guided by international human rights principles encompassed in the Universal Declaration of Human Rights, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, the United Nations Guiding Principles on Business and Human Rights.
 
The Human Rights Policy applies to The Stingray Group, the entities that it owns, the entities in which it holds a majority interest, and the facilities that it manages. The Company is committed to working with and encouraging our suppliers to uphold the principles in this Policy and to adopt similar policies within their businesses.
 
The Supplier Guiding Principles applies to our suppliers and are aligned with the expectations and commitments of this Policy.
 
Respect for Human Rights
The Stingray Group respects human rights. It is committed to identify, prevent, and mitigate adverse human rights impacts resulting from or caused by our business activities before or if they occur through human rights due diligence and mitigation processes.
 
Community and Stakeholder Engagement
The Company recognizes its impact on the communities in which it operates. We are committed to engaging with stakeholders in those communities to ensure that we are listening to, learning from and considering their views as we conduct our business. Where appropriate, we are committed to engaging in dialogue with stakeholders on human rights issues related to our business. We believe that local issues are most appropriately addressed at the local level. We are also committed to creating economic opportunity and fostering goodwill in the communities in which we operate through locally relevant initiatives.
 
Valuing Diversity
The Company values the diversity of the people with whom we work and the contributions they make. We have a long-standing commitment to equal opportunity and intolerance of discrimination and harassment. We are dedicated to maintaining workplaces that are free from discrimination or harassment on the basis of race, sex, colour, national or social origin, religion, age, disability, sexual orientation, political opinion or any other status protected by applicable law. The basis for recruitment, hiring, placement, training, compensation and advancement at the Company is qualifications, performance, skills and experience.
 
Regardless of personal characteristics or status, the Company does not tolerate disrespectful or inappropriate behaviour, unfair treatment or retaliation of any kind. Harassment is unacceptable in the workplace and in any work-related circumstance outside the workplace. These principles apply not only to Company employees but also to the business partners with whom we work.
 
 
Freedom of Association and Collective Bargaining
The Company respects our employees’ right to join, form or not to join a labour union without fear of reprisal, intimidation or harassment. Where employees are represented by a legally recognized union, we are committed to establishing a constructive dialogue with their freely chosen representatives. The Company is committed to bargaining in good faith with such representatives.
 
Safe and Healthy Workplace
The Company provides a safe and healthy workplace and complies with applicable safety and health laws, regulations and internal requirements. We are dedicated to maintaining a productive workplace by minimizing the risk of accidents, injury and exposure to health risks. We are committed to engaging with our employees to continually improve health and safety in our workplaces, including the identification of hazards and remediation of health and safety issues.
 
Workplace Security
The Company is committed to maintaining a workplace that is free from violence, harassment, intimidation and other unsafe or disruptive conditions due to internal and external threats. Security safeguards for employees are provided as needed and will be maintained with respect for employee privacy and dignity.
 
Forced Labour and Human Trafficking
The Company prohibits the use of all forms of forced labour, including prison labour, indentured labour, bonded labour, military labour, slave labour and any form of human trafficking.
 
Child Labour
The Company prohibits the hiring of individuals that are under 18 years of age for positions in which hazardous work is required.
 
Work Hours, Wages and Benefits
The Company compensates employees competitively relative to the industry and local labour market. We operate in full compliance with applicable wage, work hours, overtime and benefits laws.
 
Guidance and Reporting for Employees
The Stingray Group creates workplaces in which open and honest communications among all employees are valued and respected. The Company is committed to following all applicable labour and employment laws wherever we operate. If you believe that a conflict arises between the language of the policy and the laws, customs and practices of the place where you work, if you have questions about this policy or if you would like to report a potential violation of this policy, you should raise those questions and concerns through existing processes, which make every effort to maintain confidentiality. You may ask questions or report potential violations to Management or Human Resources Department. Employees can also report suspected violations by dropping your letter into the suggestion boxes provided. No reprisal or retaliatory action will be taken against any employee for raising concerns under this policy. The Company is committed to investigating, addressing and responding to the concerns of employees and to taking appropriate corrective action in
response to any violation.
The Company reserves the right to amend this policy at any time. Nothing in this policy says or implies that a contract exists between the Company and its employees or that participation in this program is a guarantee of continued employment with The Stingray Group.
 
 
  1. Appendix 9 – Drug and Alcohol Policy
 
Drug and Alcohol Policy
 
  1. Aim:
 
1.1 The Stingray Group is committed to providing a safe and healthy work environment so far as is reasonably practicable in which all workers are treated fairly, with dignity and respect. The use of drugs and alcohol may impact on an individuals’ capacity to perform work safely, efficiently and with respect, thereby posing a risk to the health and safety of the individual and others at the workplace.
 
1.2 The policy outlines The Stingray Group commitment to a safe workplace and is aimed at preventing, or minimising, any risk of injury or harm to the health and safety of its workers, or others at the workplace, from the use of alcohol or drugs. It describes the standards of behaviour expected in relation to the use of drugs and alcohol, the responsibilities, workers and others at the workplace, and the consequences of breaching the policy.
 
  1. Scope:
 
  • The policy applies to:
  1. All employees of The Stingray Group regardless of status of employment (full time, part time or casual) and all persons performing work at the direction of or on behalf of The Stingray Group (collectively referred to as “workers”.
  2. All The Stingray Group’ workplaces and to other places where workers may be working or representing The Stingray Group – for example, when visiting a customer, partner or supplier – referred to as the workplace; and to
  3. All work-related functions, for example, work lunches, conferences, Christmas parties and customer functions.
    • When undertaking work on a customer site, employees are to ensure they are aware of and adhere to any customer Workplace Drug and Alcohol Policy (however named). If there is a conflict or difference between the terms of The Stingray Group’ Workplace Drug and Alcohol Policy and the customer’s Drug and Alcohol Policy, they must adhere to the more restrictive policy.
    • This Policy has been developed and implemented in consultation and co-operation with The Stingray Group’ workers and/or the work, health and safety representatives.
 
  1. Definitions:
    • The following are terms used in this Policy:
‘Applicable Authority’ – means any:
  • local governments, their agencies, or any other regulatory body; or
  • law or legally binding order of any court, government, or other authority or regulator,
which relates to or addresses The Stingray Group’ business or operations.
‘drugs’ — include illegal drugs, prescription or pharmacy drugs, or synthetic drugs as defined below.
‘illegal drugs’ — include:
  • any drug prohibited by an applicable authority;
  • prescription or pharmacy drugs (as defined below) which are used without the necessary prescription, or for non-medical purposes;
  • any synthetic drug (whether prohibited by law or not), being a psychoactive herbal and/or chemical product which, when consumed, mimics the effects of a prohibited drug.
‘management’ — means The Stingray Group Group’s managers, supervisors, team leaders (whichever are relevant) and all employees with supervisory responsibilities.
‘prescription drugs’ — mean lawful drugs which are prescribed by a medical practitioner for a diagnosed medical purpose and issued by a pharmacist.  
‘pharmacy drugs’ — mean drugs which are lawfully available at pharmacies and/or dispensaries where medicinal drugs are prepared or sold (without a prescription) and are required for a legitimate medical purpose.
‘under the influence’ — means that a person’s faculties are impaired by the use of drugs or alcohol to the extent that the person is unfit to be entrusted with a duty they perform, or may be called on to perform, with efficiency and safety to themselves and others.
 
  1. Responsibilities
 
  • Workers’ responsibilities:
  1. All workers must:
  • comply with this policy;
  • observe all directions from The Stingray Group regarding this policy;
  • recognise that performance of duties could be affected by alcohol or drugs; and
  • immediately notify management if they are aware of any breach of this policy by another worker.
  • Subject to any disclosures required by law, any notifications received by management will be treated confidentially. Failure to report any breach of this policy by another worker may itself constitute a breach of this policy.
    • Except as set out in this Policy, workers must not:
  • attend work, commence work, continue to work or return to work having consumed drugs unless those drugs are properly prescribed to you by a medical practitioner with respect to a medical condition relating to you; 
  • attend work, commence work, continue to work or return to work having consumed prescription or pharmacy drugs that have the ability to impact on your ability to work and/or operate machinery;
  • attend work, commence work, continue to work or return to work having consumed an amount of alcohol where such consumption reasonably results in you being unable to effectively and safely perform your work. You further always agree that while working, the concentration of alcohol in your blood shall not be in excess of the legal limit prescribed by law when driving a motor vehicle in South Africa.
  • possess, distribute, sell, use or consume illegal drugs in the workplace and / or to any other The Stingray Group employee during working hours. Such conduct constitutes serious misconduct. It may also constitute a criminal offence, in which case The Stingray Group may notify the police, or other appropriate government authority; and
  • work while under the influence of drugs.
    • Responsibilities of management
Management is responsible for ensuring that this policy is implemented in their area. This includes ensuring that:
  1. all workers are made aware and understand this policy;
  2. they create and support a workplace culture that is supportive of responsible alcohol consumption;
  3. risk assessments are undertaken on work tasks in consultation with workers and/or work health and safety representatives;
  4. the behaviour of workers is observed to ensure adherence with the policy;
  5. any concerns or issues are addressed proactively and expediently to ensure the health and safety of all workers;
  6. support is provided to workers where appropriate; and
  7. any suspected breaches of this policy are acted on promptly and in accordance with this policy.
 
 
  1. Specific Situations
 
5.1 Prescription and pharmacy drugs
  1. Where a worker is taking prescription or pharmacy drugs for medical purposes, the worker will not breach this policy by attending work, if the worker:
  • takes the prescription and pharmacy drugs in accordance with the instructions of their medical practitioner and normal directions applying to the use of those drugs;
  • does not misuse or abuse the use of prescription or pharmacy drugs;
  • ensures they are able to perform their work effectively, competently and safely;
  • informs themselves of the impact of consumption of alcohol with prescription and pharmacy drugs and they limit consumption accordingly; and
  • checks with their medical practitioner or pharmacist about the effect of the drug on their ability to drive vehicles, operate machinery and safely perform their normal work duties. If a worker’s ability to perform work competently, efficiently and safely is affected, the worker must obtain this advice in writing from the medical practitioner, or pharmacist, and provide it to their manager or supervisor as soon as possible and before undertaking their work.
  1. If The Stingray Group suspects that the workers ability to safely perform work is affected, The Stingray Group may take steps to address the issue in accordance with this policy.
    • Consumption of alcohol — workers’ responsibilities
  2. There will be times when alcohol is available at The Stingray Group sponsored events, Customer events or on The Stingray Group premises and it is the responsibility of each individual to ensure the consumption of alcohol is kept to a reasonable limit and the appropriate standards of behaviour are maintained.
  3. In these circumstances, the following restrictions apply at all work-related functions:
  • workers must consume alcohol responsibly;
  • workers must not become drunk. As set out above, it is a condition of waiving the ban on alcohol that workers consume alcohol responsibly. Inebriation does not diminish a worker’s responsibility for misconduct;
  • workers must uphold an appropriate standard of behaviour at all times, consistent with The Stingray Group’ codes of conduct and workplace policies;
  • the restrictions set out below in relation to vehicles and machinery continue to apply; and
  • workers must ensure a safe means of transport from such functions. Workers must not drive any vehicle if they are over the legal blood alcohol limit for driving. Workers who do not have a safe means of transport must advise management so that such transport may be arranged.
  1. If a worker is required to return to work, or continue working after the function, and the consumption of alcohol could adversely affect their ability to perform work effectively and safely, consumption of alcohol by those workers is not permitted.
  2. If a worker breaches this policy at a work-related function and acts inappropriately, the worker may be subject to disciplinary action.
  3. The ban relating to drugs will not be waived in any circumstances, except in relation to prescription and pharmacy drugs as set out in this policy.
 
  • Consumption of Alcohol – The Stingray Group Responsibilities
 
When The Stingray Group provides alcohol at a work-related function, it will do so responsibly, ensuring that:
  1. food will be made available during the service of alcohol;
  2. light alcohol and non-alcoholic beverages will be available at all times;
  3. alcohol will not be provided to anyone under the age of 18 years;
  4. alcohol will not be provided to anyone who is drinking excessively, or is (or appears to be) intoxicated; and
  5. workers are reminded of the dangers of driving under the influence of alcohol and promote the use of alternative transport (e.g. taxis, public transport).
 
 
 
  1. Driving Vehicles and Machinery
    • Alcohol and illegal drugs
  2. The Stingray Group has a legal obligation to provide a safe and healthy working environment for its workers and others in the workplace so far as is reasonably practicable. To ensure a safe environment, no machinery is to be operated or used by anyone who is under the influence of alcohol or has used or consumed illegal drugs.
  3. Workers must comply with alcohol concentration limits applicable to particular duties they perform or may be called on to perform.
  4. The Stingray Group will not accept liability for any damage to an The Stingray Group or customer vehicle, an injury to another person, or damage to other property caused by a worker’s use of a The Stingray Group Group’ or customer or personal vehicle while intoxicated from alcohol or illegal drugs. The worker will be personally liable in such circumstances.
    • Prescription and pharmacy drugs
  5. Where a worker is taking prescription or pharmacy drugs that contain a warning that the person must not drive a vehicle or operate machinery, then that worker must not drive any vehicle or operate machinery unless contrary specific medical advice is obtained and confirmed in writing, from the worker’s medical practitioner.
  6. If a worker is taking prescription or pharmacy drugs and feels that their ability to safely drive a vehicle or operate machinery is affected, the worker must not drive any vehicle or operate machinery and must notify their manager or supervisor immediately.
  7. Smoking
    • Smoking is not permitted at any of The Stingray Group’ workplaces or vehicles. Failure to adhere to this policy may result in disciplinary action which may result in your dismissal.
 
  1. Suspecting a worker is affected by drugs or alcohol
 
  • If The Stingray Group suspects, on reasonable grounds, that a worker is under the influence of drugs or alcohol in breach of this policy, The Stingray Group will take steps to address the issue. Reasonable grounds may include (but are not limited to) where the worker:
  1. is unable to coordinate their actions;
  2. has red or bloodshot eyes, or dilated pupils;
  3. smells of alcohol;
  4. acts contrary to their normal behaviour;
  5. exceeds alcohol concentration limits applicable to the task they perform or may be called on to perform;
  6. is not behaving in a professional and competent manner and in accordance with The Stingray Group standards; or
  7. otherwise appears to be impaired or affected by drugs or alcohol.
    • In such circumstances, The Stingray Group may take the following actions (but is not limited to these actions):
  8. Direct the worker to go home. Suitable arrangements for safe transport will be made by the relevant manager; or
  9. Direct the worker to attend a medical examination to determine whether the worker is fit to perform their duties effectively and safely. The medical examination may include a drug and/or alcohol test, such as a breath test, blood test, urine test or oral swab. In relation to prescription or pharmacy drugs, The Stingray Group may require evidence as part of the medical examination about the effects and proper use of the drug. The worker may be directed to go home following the medical examination.
  10. If the worker refuses to attend a medical examination, they will be directed to go home. Refusal to attend a medical examination, refusal to go home, or providing false information constitutes a breach of this policy and may result in disciplinary action being taken against the worker, including action as set out below under ‘Breach of policy’.
  11. Where a worker is sent home, or required to attend a medical examination, the worker must report to Management (or as directed) on the next working day, or as soon as possible once the worker is no longer under the influence of drugs or alcohol. The Stingray Group will deal with the issue as set out below under ‘Breach of policy’. Failure to report constitutes a breach of this policy.
 
  1. Finding drugs at the workplace
 
  • If The Stingray Group finds illegal drugs at the workplace in breach of this policy, The Stingray Group may take the following action, which includes, but is not limited to:
  1. investigate the matter in order to attempt to determine who is responsible, including by conducting searches, as set out in this policy;
  2. require some, or all workers, to undergo a medical examination in order to test for the presence of drugs in their system.
    • Workers are required to co-operate in any investigation. Failure to co-operate, or providing false information in an investigation, constitutes a breach of this policy and may result in action as set out below under ‘Breach of this policy’.
 
  1. Breach of policy
 
  • Workers must comply with this policy at all times.
  • If an employee is found to have breached this policy, they may be subjected to disciplinary action. The type and severity of the disciplinary action will depend upon the circumstances of the case and the seriousness of the breach.  In serious cases, this may include termination of employment.
  • Examples of disciplinary action that may be taken include (but are not limited to):
  1. performance counselling;
  2. a formal warning;
  3. suspension;
  4. demotion;
  5. termination of employment;
    • referral to an Employee Assistance Programme (‘EAP’) and/or some other referral source, for counselling, Agents or contractors (including temporary contractors) of The Stingray Group who are found to have breached this Policy may have their contracts with The Stingray Group terminated, or not renewed.
    • In circumstances where a worker’s behaviour or conduct may involve a breach of any law, The Stingray Group may notify the police or other relevant authority.
 
  1. Support Services
 
11.1 If an employee notifies The Stingray Group that they have a drug or alcohol problem, they will be encouraged to complete a rehabilitation programme or undergo counselling.
 
 
 
  1. Appendix 10 – HR Warning Guide
 
OFFENCE
FIRST
SECOND
THIRD
FOURTH
Under the influence of alcohol / prohibited substances
First written warning
Dismissal
 
 
Dereliction of duty
Final written warning
Dismissal
 
 
Gross negligence
Dismissal
 
 
 
Unauthorised and/or un-communicated absence from work without reasonable excuse or doctor's certificate
Final written warning
Dismissal
 
 
Dishonesty
Dismissal
 
 
 
Incompetence and/or poor performance
Incapacity consultation and written warning
Incapacity consultation and Final written warning
Dismissal
 
Unauthorised possession and/or removal of Company property
Final written warning
Dismissal
 
 
Misappropriation
Dismissal
 
 
 
Unauthorised absence from the workplace whilst on duty
Written warning
Final written warning
Dismissal
 
Swearing and/or abusive language
Written warning
Final written warning
Dismissal
 
Failing and/or refusal to follow Company rules and regulations
Final written warning
Dismissal
 
 
Failure and/or refusal to comply with dress code and personal hygiene
Written warning
Final written warning
Dismissal
 
Unauthorised extraneous employment
Final written warning
Dismissal
 
 
Divulging of confidential information without written permission
Final written warning
Dismissal
 
 
Failure to report emergencies, or irregularities
Final written warning
Dismissal
 
 
Failure and/or refusal to keep proper time keeping
Written warning
Final written warning
Dismissal
 
Disrespect, insolence
Final written warning
Dismissal
 
 
Sexual harassment
Dismissal
 
 
 
Abuse of telephone usage
Written warning
Final written warning
Dismissal
 
 
Arriving late for work at beginning of the day or after meal intervals
Verbal warning
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
Leaving early at the end of the day or before meal intervals
Verbal warning
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
Sleeping on duty
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Refused to work a reasonable amount of overtime
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Consistently bad time keeping or habitually late for work
Verbal warning
First written warning
Second written warning
Final written warning, finally dismissed
Conduct which can lead to unharmonious relationships within the workplace
First written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Conducting yourself in a rude, abusive, provocative, intimidatory and/or aggressive manner
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Refusal/failure to carry out lawful and reasonable instructions
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Refusal/failure to comply with Company policy and procedure
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Insubordination, serious disrespect, impudence or insolence
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Gross insubordination, serious disrespect, impudence or insolence
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Bringing or attempting to bring the name of the Company into disrepute
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Keeping others from performing their duties
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Poor housekeeping and hygiene
Verbal warning
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
Poor quality of work or failing to maintain output levels. Before taking any form of disciplinary action, performance management is required. This must be fully documented and signed off by both parties
First written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Call Avoidance intentional dropping of calls, putting callers/customers on mute or on hold inappropriately. As a result such action may have caused loss of a customer or potentially lose a customer
First written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Personal calls being made while calls are holding or making personal calls using company infrastructure or equipment
First written warning
Second written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
Non-productive or unsatisfactory work output
Verbal warning
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
Incorrect capturing/processing or sales/transactions/stock/trades/pricing
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Obstinate and intentional failure to comply with safety rules
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Failure to wear prescribed uniform
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Avoiding, ignoring or otherwise failing to provide adequate customer service
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
Theft, bribery, fraud, dishonesty, forgery or defalcation of any nature, as well as the unauthorised removal of any material/data from the Company, or from any person or premises where such data/material is kept
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Signing in/out on behalf of another employee
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Gross dishonesty
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Theft
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Intimidation in any form
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Assault and/or attempted assault or threat of assault (verbal or physical)
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Gross negligence - will include, damage or loss suffered by the Company through disregard. This will include any potential damage or loss that may have been suffered as a direct or indirect result of misconduct. The rule applies to loss or damage that has or may have been suffered by suppliers, customers, indirectly related companies. (As irrecoverable loss constitutes an immediate loss to the Company, immediate disciplinary actions need to be taken, the HR Manager needs to be consulted first before any warning is issued or disciplinary action is taken)
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Inciting workers to partake in any form of illegal industrial action
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Negligent or intentional damage to customers, the Company's suppliers or employer property of the Company's data
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Spending time on the internet for personal use irrespective of purpose
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Viewing pornography material on computers/cellphones and/or any other media
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Viewing child pornography of any nature in any format on any instrument
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Using Company email facilities for personal use without written permission
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Downloading any software/emails other than for company use (whether licensed or pirated material)
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Excessive use of private cell phone during working hours
Verbal warning
Written warning
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
Unauthorised private use of company phones/faxes/email facilities/internet/cellular phones
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Divulging of allocated usernames and/or password to a co-employee or allowing a co-employee to use their user name and/or password; unauthorised use of an employee's terminal or a co-employee’s terminal
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
Unauthorised copying/pirating/purchase/possession or distribution of copies/pirated software or publications
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
Gambling or conducting illegal games of chance on the Company's premises
Final written warning
Dismissal (After a disciplinary hearing has been conducted)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  1. Appendix 11 - Confirmation of Business Policy Handbook Form
 
 
 
Name:
 
 
Designation:
 
 
Place of Work:
 
 
Line Manager:
 
 
 
 
 
I confirm I have read The Stingray Group Business Policy Handbook and that I have read and understood the contents.
 
I confirm I have received a copy of The Stingray Group Staff Handbook and that I have read and understood the contents.
 
I also confirm that I have sought clarification from my line manager on any issues outlined in either document which I am not clear about.
 
 
 
 
Signed: ___________________________________________________
 
 
Date: _____________________________________________________
 
 
 
 
Please return this form duly completed and signed to your line manager.