20181119 BS EDITED TechStream Handbook WIP

Company Handbook 

Your guide to working at TechStream 

Global Limited 

TechStream Global Limited, Annexe A, Long Kloof Studios, Darters Road, Gardens, Cape Town, South Africa, 

8001 Tel: +27 (0) 21 422 0851 W: www.TechStreamglobal.com 

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Introduction ........................................................................................................................................... 3 

Section 1 – Working time & absence from work ................................................................................... 4 

1.1 Policy Statement .......................................................................................................................... 4 

1.2 Ordinary Hours of Work ............................................................................................................... 4 

1.3 Annual Leave ................................................................................................................................ 4 

1.4 Sickness Leave and Reporting Policy ............................................................................................ 5 

1.5 Habitual Absence Management Policy ........................................................................................ 6 

1.6 Maternity Leave ........................................................................................................................... 9 

1.7 Parental Leave ........................................................................................................................... 11 

1.8 Flexible Working Policy .............................................................................................................. 12 

1.9 Family Responsibility Leave ....................................................................................................... 14 

1.10 Study Leave .............................................................................................................................. 14 

1.11 Time off for Trade Union Duties & Activities ........................................................................... 14 

1.12 Time off for Public Duties ........................................................................................................ 15 

1.13 Medical and Dental Appointments .......................................................................................... 15 

1.14 Home Working Policy ............................................................................................................... 15 

Section 2 – Performance, Discipline & Grievances .............................................................................. 19 

2.1 Discipline .................................................................................................................................... 19 

2.2 Poor Work Performance ............................................................................................................ 26 

2.3 Grievances ................................................................................................................................. 27 

2.4 Schedule of Offences and Possible Sanctions ............................................................................ 32 

Section 3: Operational Policies ............................................................................................................ 36 

3.1 General Personal Behaviour .................................................................................................... 36 

3.2 Dress Code ............................................................................................................................... 36 

3.3 Email & Internet ........................................................................... Error! Bookmark not defined. 

3.4 Social Functions ....................................................................................................................... 48 

3.5 Alcohol, Drugs and Substances Misuse Policy ......................................................................... 48 

3.6 HIV/AIDS .................................................................................................................................. 40 

3.7 Sexual Harassment ................................................................................................................... 41 

3.8 Anti-Bribery & Corruption Policy ............................................................................................. 42 

3.9 Health & Safety Policy .............................................................................................................. 57 

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Introduction 

I am pleased to welcome you to the Company and hope that your association with TechStream Global 

Limited is a long and happy one. This handbook has been produced for your benefit and provides 

important information about your employment, as well as answers to any questions you may have 

whilst being employed by the Company. 

While the terms of the Company Handbook issued from time to time are not contractual terms and 

conditions of employment and may be amended by the Company in its discretion from time to time, 

the Employee remains subject to its provisions and is obliged to familiarize him/herself and comply 

therewith. To the extent that there is any inconsistency between the Contract of Employment and the 

terms of the Company Handbook, the Contract of Employment will prevail. 

Please be aware that some of the policies are over and above your statutory rights and are therefore 

subject to the discretion of Senior Management. 

If you require any further information, or would like anything explained in more detail, you should 

contact the HR Manager. 



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Section 1 – Working time & absence from work 

1.1 Policy Statement 

It is important to note, that we are a consultancy firm by nature, and as such our time is billable to 

clients. It is therefore imperative that we balance the time required to maintain proper productive 

outputs with what is practical and in the best interests of our health and outside commitments, so as 

to ensure a good work/life balance. 

1.2 Ordinary Hours of Work 

The company’s ordinary hours of work are Monday to Friday from 08h30 – 18h00 

1.3 Annual Leave 

1.3.1 General 

You will be entitled to 15 business day’s annual leave per leave cycle, calculated at a rate of 1.25 paid 

leave days per completed month worked. 

TechStream’s leave cycle operates per calendar year and leave may be pro-rated. 

Annual leave should be applied for in advance and will be granted in line with business needs and with 

minimal disruption to service levels. 

After each continuous year of service the employee will be granted one (1) day extra ex-gratia leave 

up to a maximum of twenty-five (25) days i.e. year one (1) the employee will receive fifteen (15) days 

annual leave, year two (2) the employee will receive sixteen (16) business days’ leave, year three (3) 

the employee will receive seventeen (17) business days’ leave, etc. 

You are not eligible to take annual leave until you have completed your 3 months’ probation. 

You must retain 3 days of annual leave for the end of the year to be used when the company closes. 

We usually close on the 27th December and reopen on the 2nd January however this may change 

from time to time. Untaken leave does not roll over to the next year i.e. all ex gratia leave that has 

accrued but was not take in a particular is forfeited by the employee. 

1.3.2 Process of Applying for leave 

All planned leave must be applied for one month in advance when reasonably possible. 

The employee must utilise the prescribed leave form which will be signed off by your Line Manager or 

alternatively Nicci Abernethy. 

Please note that leave will only be granted should the operational requirements of the company allow 

for same. 



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The employee should not book or pay for any flights, accommodation or tickets for the proposed 

holiday until the leave applied for has been approved. 

Only in exceptional cases will unpaid leave be granted 

1.3.3 Record keeping of leave taken 

Record of all leave taken will be kept by updating the Payroll Software program that is used for 

calculating and maintaining the payroll of TechStream personnel. 

Periodical reports will be presented to management to ensure that management is updated and 

informed on the leave TechStream of each employee. 

1.4 Sickness Leave and Reporting Policy 

It is recognised that from time to time staff may be unable to attend work because of your own illhealth 

or injury and may not be utilised in the event of another person’s illness or injury e.g. your 

spouse or child. 

This policy sets out the procedure to be followed by all staff and the entitlement to sick pay in the 

event of such absences. 

1.4.1 Enitlement 

You will be entitled to 30 days’ sick leave per sick leave cycle, as per the Basic Conditions of 

Employment Act. A cycle for sick leave starts on commencement of employment and endures for a 

period of 36 months, when a new cycle commences. 

Despite the above, during the first 6 months of continuous employment, an employee is only entitled 

to 1 day paid sick leave for every 26 days worked. 

You will receive unpaid leave once your sick leave entitlement has expired. 

1.4.2 Noificaion of absence 

• if you are unable to attend work because of sickness or injury you must notify your line manager 

by telephone of the reason before 08.00am on the first day of absence 

• notification can be by you or by someone on your behalf 

• No emails or text messages are allowed 

• you must maintain daily contact with your line manager on any subsequent days of absence 

• for periods of long-term sick leave, you must keep a Director informed of your progress on a 

weekly basis, 

• for long or frequent periods of absence the Company may require you to be examined by a 

medical adviser 



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1.4.3 Sick Cerificates 

After two consecutive day’s sick leave or in the event that you are sick more than two occasions within 

an eight-week period, and if you are absent from work on a Monday or Friday and/or the day before 

or after a public holiday, you must submit a sick certificate that was completed by a recognised medical 

practitioner. A certificate confirming the attendance at a clinic is not recognised as a sick certificate). 

Should management find, in their reasonable discretion, that there is a trend in your sick leave to the 

detriment of the Company; you will be required to produce a sick certificate for each and every day’s 

sick leave. 

1.4.4 Returning to work 

On your return to work you must report to your line manager who may conduct a return to work 

(RTW) meeting. The ‘return to work meeting’, is part of the normal management process to enable 

both the manager and member of staff to discuss the period of sickness and to see if any specific 

assistance is required to help them with a return to work, e.g. the need to attend follow up 

outpatient’s clinics etc. 

1.4.5 Benefits 

All the benefits to which you are entitled will continue to be paid during your period of sickness 

absence and your annual leave entitlement will continue to accrue during this period. 

1.5 Habitual Absence Management Policy 

1.5.1 Managing Habitual Absence 

A series of short-term absences can cause as much disruption as a longer period of sick leave and the 

early and successful management of these short-term absences is essential for the wellbeing of the 

employee and the efficient running of the organisation. 

It is important that an appropriate reporting of absence is done, where employees contact their line 

manager by telephone as the default expectation, on their first day of sickness. It is important that 

absent workers speak with their line managers about their condition so that managers can gauge what 

needs to be done during the absence. Subsequently, it is expected that a phone call from the employee 

to their manager is the required expectation as agreed with their line manager. 

1.5.2 Sickness Absence Triggers 

Where an employee reaches the following trigger points, a formal review of their attendance should 

take place, to ensure that the organisation has taken consideration if there is any required support for 

the employee, or if the employee needs to understand their contractual obligations to the 

organisation. 

The management of sickness is very important, as is the necessity to show that the organisation has 

done all that is reasonably possible to assist the employee in maintaining an appropriate level of 

attendance. 



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A trigger is the total number of days off due to sickness over the last 12 months from the date of the 

last day absent. (A rolling 12 months). The suggested trigger for the first formal review should be once 

there has been 5 days in total off in a rolling year. 

Note: Mitigating evidence should always be considered before a disciplinary sanction is to be given. 

The evidence should rely on the type and frequency of absences, and the absence record relative to 

the length of service. 

1.5.3 Wrimen Warnings 

The formal habitual absence management process will follow the same process as the disciplinary 

process, though the language may vary. 

Normally, future expectations are set, based on the situation and the evidence that the manager has 

at the time. If they have already had 5 days off, then setting a new target would be acceptable, 

example: “any more than 2 (i.e. on the 3rd day off) over the next 6 months”. This would then trigger 

an Absence Review meeting where they could potentially get a First or Final Written Warning, 

depending on the mitigating evidence. 

The managers’ consideration should be given to the pattern of absence, and not the causes. 

Managers are concerned with the employment contract and are not required to make judgements on 

medical issues. If the employment contract is continually being broken by absence, a manager must 

ultimately balance the needs of the organisation, customers, and other staff, as well as the support 

for the absent employee. 

1.5.4 Absence and Disability 

This company supports employees with disabilities, or employees who are the primary carer of an 

individual with disabilities as defined by the Employment Equity Act55 of 1998. Employees who are 

effected by disability directly may be allowed an agreed period of time absent form work as part of 

reasonable adjustments. Employees who are carers of individuals with a disability will be treated 

under the ‘Family Responsibility Leave’ policy when considering the amount of unauthorised absence 

from work. Where reasonable adjustments have been agreed, and implemented, then employees 

with disabilities are required to attend work as per their contract and any supplemental agreement. 

Going forwards, reasonable adjustments will be reviewed periodically to ensure their continued 

effectiveness. However, the burden of proof remains with the employee to ensure that the company 

is fully up to date with all clinical developments relating to his or her disability in order that reasonable 

adjustments can be maintained. 



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1.5.5 Managing Long-Term Sickness 

Long-term absence is when staff have not attended work for a continuous period of two weeks or 

more. 

Long-term absence may be specific and clearly defined or may be relatively non-specific and indefinite. 

Where an individual has, for example, a broken leg or has had an operation, there is normally a 

predictable end date to the absence after which they can be expected to return to work and resume 

a satisfactory attendance record. In such cases, it will not normally be necessary for managers to take 

action other than to remain in contact with the individual, which should be agreed by both the 

employee and manager ideally in advance. 

The more difficult situations are those where the cause of the illness is less well defined and the 

timescale for a return to work is unknown. This procedure is intended to enable managers to deal 

fairly and reasonably with such cases. 

1.5.6 Incapacity 

At 4 weeks of absence – consideration will be given if there is a reasonable expected return to work 

date and whether the absence is temporary or permanent. If there is no reasonable expectation of an 

imminent return to work, an Incapacity Hearing should take place. 

This Incapacity Hearing should follow the same process as a Disciplinary Hearing where the employee: 

• Is invited in writing 

• Is allowed to be internally represented 

• Is allowed to present any relevant evidence for consideration 

• Should be informed of any decisions of that meeting in writing. 

• The Chairperson of the Incapacity Hearing will consider whether or not the employee is capable 

of performing; and 

• if the employee is not capable – 

o 

o 

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the extent to which the employee is able to perform the work; 

the extent to which the employee’s work circumstances might be adapted to 

accommodate disability, or, where this is not possible, the extent to which the 

employee’s duties might be adapted; and 

the availability of any suitable alternative work. 

1.5.7 Medical Record Consent 

Reports from an employee’s GP or treating specialist can only be obtained with an individual's written 

permission. In the unlikely event that an employee refuses permission, managers will make decisions 

on such information as is available to them. 



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1.6 Maternity Leave 

1.6.1 Introducion 

In terms of the Basic Conditions of Employment Act, pregnant woman are entitled to four (4) months 

unpaid maternity leave. 

Employers are not required to pay any salary during such maternity leave. 

All employees contribute to the Unemployment Insurance Fund (UIF) irrespective of remuneration 

and all women may claim benefits. The contribution is 2% of the salary from the first R14 872.00 

(current ceiling). The company pays 1% and deducts 1% from the employee and pays this over to UIF 

on a monthly basis. The employee will be entitled to claim between 38% (high earners) and 58% (low 

earners) of the first R14 872.00 of her monthly salary from UIF calculated on a sliding scale prescribed 

by the Act. 

During the employee’s maternity leave her normal leave will accrue and the company will continue to 

pay her Medical Aid contributions during such time. 

If an employee adopts an infant under the age of 12 months, the employee is entitled to full maternity 

benefits. 

The employee’s maternity leave application form must be completed and authorised by management 

before the start of maternity leave 

1.6.2 Unpaid Maternity Leave 

Employee’s with less than six months continued service with the company will be entitled to at least 

four (4) consecutive month’s unpaid maternity leave. Employees with more than six (6) month’s 

continued service are entitled to paid maternity leave as described below. 

1.6.3 Paid Maternity Leave 

The employee may, in the sole and absolute discretion of the company, be entitled to paid maternity 

leave in accordance with the following structure: - 

LENGTH OF SERVICE 

MATERNITY BENEFIT 

6 – 18 months of service Four months’ maternity leave paid at 50% of the 

employee’s total cost of employment 

18 – 24 months of service Four months’ maternity leave paid at 70% of the 

employee’s total cost of employment 

24 or more months of service Four months’ maternity leave paid at 100% of 

the employee’s total cost of employment 

Paid maternity leave will only be granted for up to three children and will only be granted in the event 

that there is a minimum of two (2) years’ service between the birth of the respective children. 

The employee may not claim UIF in the event she receives paid maternity leave. 



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In the event the employee is granted the maternity benefit she is required to work for the Company 

for at least four (4) months following her return from maternity leave (the “work-back period”). 

The “work-back period” commences on the day that the employee physically returns to the office to 

start work. Should the employee leave the company’s employee prior to the completion of the workback 

period, for reasons other than her retrenchment, she agrees to immediately reimburse to the 

Company all maternity monies duly paid to her by the company (“the maternity monies”). 

In the event that the Company institutes legal proceedings against the employee for the recovery of 

the maternity monies, or any balance owing, the employee agrees that she will be liable for all legal 

costs incurred by the Company on the attorney and own client scale including collection charges. 

1.6.4 Contact during Maternity Leave 

Before your maternity leave begins, your Manager will discuss arrangements for keeping in touch 

during your leave. The agreement will cover the way in which contact will happen, how often, and 

who will initiate the contact. It could also cover the reasons for making contact and the types of things 

that could be discussed. This may be to discuss your plans for return to work, including any special 

arrangements to be made or training to be given to ease your return to work or simply to update you 

on developments at work during your absence. 

The Company reserves the right to maintain reasonable contact with you from time to time during 

maternity leave. 

1.6.5 Holidays 

You shall continue to accrue entitlement to paid annual leave during maternity leave. 

1.6.6 Returning from Maternity Leave 

If you return to work at the end of your maternity leave period, you need to formally notify us in 

advance of your return. On return from ordinary maternity leave you will return to work in the same 

job that you left before you started your maternity leave. If, for health and safety reasons, you were 

doing a different job from your usual one while you were pregnant you may be required to return to 

that different job for a short time if you are still at risk when you return to work. 

You may wish to return to work before the end of your maternity leave period, but if you choose to 

do so you must give us 4 weeks' warning of the date of your return. 

1.6.7 Postponement of return to work 

If you are too ill to return to work at the end of your maternity leave period, the sickness absence 

procedures will apply. If you decide not to return to work at the end of your maternity leave period, 

you must notify the Company at once in writing of your decision. 



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1.6.8 Contractual Benefits 

You will continue to receive your contractual non-remuneration benefits for the entire duration of 

your maternity leave period. 

1.6.10 Health and Safety 

If you are employed in a job which has been identified as posing a risk to your health or that of your 

unborn child you will be notified immediately and arrangements will be made to eliminate that risk. 

For this reason, you are required to notify the Local HR Rep as soon as you are aware that you may be 

pregnant. Arrangements will then be made to alter your working conditions, or if this is not possible, 

you will be offered a suitable alternative job for the duration of your pregnancy. 

If there is no alternative work, the Company reserves the right to suspend you on full pay until you are 

no longer at risk. These alternative arrangements may continue after the birth of your child if you are 

still considered to be at risk. If you have any concerns about your own health and safety at any time 

you should let the Managing Director know immediately. 

1.7 Parental Leave 

1.7.1 Eligibility 

Once you have completed one year's service, you are entitled to a maximum of 13 weeks’ unpaid 

parental leave for each child (in the case of a child with a disability this is increased to 18 weeks). Leave 

is to be taken before the child is five years old (or 18 years of age in the case of a child with a disability). 

For adopted children leave may be taken within the first five years after the date of adoption or until 

the child's 18th birthday, if that is sooner. 

To establish whether you qualify for leave the Company may ask to see the child’s birth certificate or 

other evidence of parental responsibility, such as papers confirming adoption, or in the case of a 

disabled child, the award of disability living allowance. 

You may take this leave at any time in the year, up to a maximum of four weeks in any one year. 

Leave must be taken in weekly blocks, with the exception of parents of a child with a disability, who 

may be able to take leave in blocks of one day. Leave will be granted at the discretion of Senior 

Management. 

1.7.2 Noificaion Requirements 

You are required to provide the Local HR Rep with at least 21 days' notice of the required leave dates. 

The Company reserves the right to postpone the leave for up to six months for operational reasons, 

although we will try to be as flexible as possible. 

Any abuse of this benefit is likely to be treated as gross misconduct and could lead to dismissal without 

notice. 



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1.8 Flexible Working Policy 

The Company recognises that it is important for employees to achieve a balance between work and 

family commitments. 

This policy sets out the flexible working rights that apply at the time of issue of this edition of the Staff 

Handbook. It explains who is eligible to make a request for flexible working and the procedure to be 

followed when making a request. This policy does not form part of your contract of employment. 

The Company will endeavour to support flexible working wherever possible. However, in considering 

such a request we reserve the right to reject a request where it is felt that flexible working would be 

detrimental to the efficient operation of the business. 

The Company is committed to equal opportunity in employment. Any employee that undertakes 

flexible working, or makes a request to do so, will not be treated less favourably, or suffer any 

detriment. 

Where a request for flexible working is granted this will result in a permanent change and a variation 

of the terms and conditions of the employee. There is no statutory right for a return to the terms and 

conditions that applied before the flexible working came into effect, should the employee’s 

circumstances change, although the Company will try to accommodate a return to full-time working 

wherever possible. 

1.8.1 Eligibility 

To be eligible to request flexible working you must: 

• be an employee 

• have a minimum of 26 weeks’ continuous employment at the date of the request 

• not have made an application to work flexibly during the previous 12 months 

1.8.2 Making a request for flexible working 

All requests for flexible working must be made to the Local HR Rep in the first instance. 

An application under the statutory procedure must: 

• be in writing (paper, e-mail or fax) and dated 

• state the application is being made to request a flexible working pattern 

• confirm that you have or expect to have responsibility either for the upbringing of the child and 

are either the parent, adopter, guardian, or foster parent; or married to or the partner of the 

child’s parent, adopter, guardian, or foster parent 

• confirm that you have or expect to have responsibility for caring for an adult and are the spouse, 

partner, civil partner or relative of that adult or are not the spouse, partner, civil partner or a 

relative but live at the same address as that adult 

• specify the flexible working pattern applied for 

• explain what effect, if any, you think the proposed change would have on the Company and 

how, in your opinion, any such effect might be dealt with 

• state the date on which it is proposed the change should become effective 

• state whether a previous application has been made to the Company and, if so when it was 

made 



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1.8.3 Considering a request for flexible working 

The Company will consider all requests for flexible working and establish whether the desired work 

pattern can be accommodated within the needs of the business. Each request will be considered 

objectively on this basis, and the Company shall not attempt to judge whether one applicant’s need 

for flexible working is greater than another’s. 

Upon receipt of a request for flexible working the Company will, within 28 days, either: 

• agree to a request solely on the basis of the application itself and write to you specifying the 

contract variation agreed to and the start date 

• invite you to a meeting to discuss your request 

1.8.4 Meeing to discuss your request 

Where it is not possible to grant your request solely on the basis of your application you will be invited 

to a meeting to discuss the request. The meeting will be held within 28 days of your request being 

received. You shall have the right to be accompanied by a work colleague or a trade union 

representative. 

Your work colleague or trade union representative can address the meeting or confer with you during 

it, but is not allowed to answer questions on your behalf. If your companion is unable to attend the 

meeting, you should re-arrange the meeting for a date within seven days of the originally proposed 

time, ensuring the new time is convenient to all parties. Alternatively, you may consider an alternative 

companion. 

Following the meeting we will consider the request seriously. The decision will be notified to you in 

writing within 14 days of the meeting. 

If your request if granted, we will write to you notifying of: 

• the new working pattern 

• the date from which the new working pattern is to take effect 

If your request is rejected, we will write to you setting out: 

• the business ground/s for refusing the application 

• sufficient explanation as to why the business ground/s for refusal applies in the circumstances 

• details of your right to appeal 



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1.8.5 Grounds for refusal 

The Company may refuse a request for flexible working where the proposed changes would result in: 

• burden of additional costs 

• detrimental effect on ability to meet customer demand 

• inability to reorganise work among existing staff 

• inability to recruit additional staff 

• detrimental impact on quality 

• detrimental impact on performance 

• insufficiency of work during the periods the employee proposes to work 

• planned structural changes 

1.8.6 Making an appeal against the decision 

Where a request for flexible working is refused, you have the right to appeal. You must appeal in 

writing no later than 14 days after the date of notification of the Company’s decision. 

Upon receipt of your appeal the Company will arrange an appeal meeting to take place within 14 days. 

You shall have the right to be accompanied by a work colleague or a trade union representative. 

The Company will inform you of the outcome of the appeal in writing within 14 days after the date of 

the meeting. 

1.9 Family Responsibility Leave 

You will be entitled to 3 (paid) days family responsibility leave per year as per the Basic Conditions of 

Employment Act. 

Family responsibility leave can only be taken after the employee has been employed at TechStream 

for more than 4 months 

Family responsibility leave is recognised as (paid) leave that an employee is entitled to for the birth, 

sickness or death of the employee’s child; or death of a spouse, life partner, parent or sibling, as 

defined by the Basic Conditions of Employment Act 

The employer may require proof from the employee because family responsibility is taken. 

(Family responsibility leave may not be accumulated) 

1.10 Study Leave 

Study leave is considered annual leave unless the Company has requested the study to take place 

1.11 Time off for Trade Union Duties & Activities 

A Trade Union Official is an employee who has been elected or appointed in accordance with the rules 

of an independent trade union recognised by the Company to be a representative of all or some of 

the union’s members in the workplace. 

Employees who are Trade Union Officials will be permitted reasonable paid time off during working 

hours to carry out certain trade union duties. In addition, they will be permitted reasonable time off 

without pay to take part in trade union activities. 



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1.12 Time off for Public Duties 

The Company will allow reasonable time off for those employees who carry out qualifying public duties 

as follows: 

• as a justice of the peace 

• or as a member of: 

• a local authority 

• a statutory tribunal 

• a police authority 

• a board of prison visitors or a prison visiting committee 

• a relevant health body 

• a relevant education body, or 

The Company must be notified if you are a member of any such bodies detailed above and all absence 

for public duties must be notified to a Director. 

1.13 Medical and Dental Appointments 

The Company recognises that employees will from time to time need to attend medical, hospital, 

dental, and other similar appointments. Whenever it is possible to do so, you should arrange 

appointments outside of your normal working hours or, where this is not possible, at times that will 

cause the minimum amount of absence from work e.g. first thing in the morning or towards the end 

of work time. All such appointments should be made with the agreement of a Director. 

1.14 Home Working Policy 

1.14.1 Policy Statement 

TechStream supports homeworking in appropriate circumstances either occasionally (to respond to 

specific circumstances or to complete particular tasks), or in some pre-agreed cases on a regular parttime 

basis. In addition, occasional or permanent homeworking can be a means of accommodating a 

disability and can be requested as a means of flexible working under our separate 

Flexible Working Policy. Circumstances may also arise when an employee is required to work from 

home for all or part of their working week. 

However, when considering homeworking the needs of TechStream will always take priority and those 

allowed to work from home must comply with this policy. 



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1.14.2 Home Working Arrangements 

There are several circumstances in which the ability to work from home on an occasional or temporary 

basis may assist an employee: 

• when a child or elderly relative or other dependant becomes unwell or arrangements for their 

care break down at short notice; 

• when, despite being fit to work, travelling to the office is difficult (for example, due to recovery 

from an injury such as a broken leg); 

• when public transport has been disrupted, for example by the weather or by a strike, and affects 

travel arrangements; 

• when a quiet, uninterrupted work environment will assist in dealing with a backlog of 

administrative tasks or in writing reports to a deadline. 

In these circumstances working at home can be authorised by your line manager where, in their 

opinion: 

• you have work that can be undertaken at home; 

• working at home is cost-effective and any increase in work that may be passed to your 

colleagues as a result is kept to a minimum. 

Your line manager will liaise with the Human Resources Department to confirm arrangements. 

1.14.3 General Terms for Home Working 

Any terms on which it is agreed that you may work from home will include the following general 

conditions: 

• We reserve the right to terminate the homeworking arrangements at any time, for any reason, 

subject to reasonable notice. 

• You will be subject to the same performance measures, processes and objectives that would 

apply if you worked at TechStream’s premises. 

Your homeworking arrangements may be terminated, and you may be expected to return to work in 

the office if: 

• your job is no longer suitable for homeworking or it is decided by us that you need to be in the 

office to perform your job; 

• you are not performing your job to a level that is satisfactory to us as a result of your 

homeworking arrangements; or 

• you receive an unsatisfactory grade in an appraisal or are subject to a verbal or written warning 

for any reason. 

Your line manager will remain responsible for supervising you, will regularly review your homeworking 

arrangements and take steps to address any perceived problems. They will also inform you of 

meetings or training sessions that you must be able to attend in the office and ensure that you are 

kept up to date with circulars and information relevant to your work. 



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Working at or from home may affect your home and contents insurance policy. You must make any 

necessary arrangements with your insurers before commencing homeworking. 

Normal rules will continue to apply regarding annual leave and ill-health absence during 

homeworking. 

You will be notified of the requirements regarding your hours of work. You may be notified of ‘core 

hours’, when you will be expected to be available for work and communication with your line 

manager, customers, clients and colleagues. The homeworking agreement may specify that on certain 

fixed days or hours you will also attend at a specified location, and your performance review will be 

adapted to take account of your working either wholly or partly from home. 

1.14.4 Working at Home: Telephones 

Where your work is conducted partly in the office and partly from home, you must ensure that either: 

• You enable the forward feature on your phone system to the number you will be contactable 

on (i.e. your mobile or home phone number), or 

• Your office direct line is diverted to your mobile telephone when you 'leave the office' at night. 

This will ensure that you can be contacted when working from home in the event that clients or 

colleagues try to contact you at the office. 

1.14.5 Working at Home: Computer Equipment 

It is your responsibility to ensure that you have sufficient and appropriate equipment for working from 

home and performing your job (including, but not limited to a computer or laptop). TechStream is not 

responsible for the installation or removal of any equipment, or responsible for the provision, 

maintenance, replacement, or repair in the event of loss or damage to any personal equipment used 

by you when working for us. 

We are not responsible for associated costs of you working from home including, but not limited to, 

the costs of heating, lighting or electricity. 

All equipment containing TechStream information must be kept securely, and any private and 

confidential material must be kept secure at all times. This includes, but is not limited to, ensuring that 

your computer or laptop contains suitable anti-viral software, and appropriate measures are 

undertaken to restrict public access to company documents and confidential information. 

TechStream requires that you have taken all reasonable precautions to maintain confidentiality of 

equipment and material in accordance with the above, and that the requirements of the Data 

Protection Act 1998 are met. TechStream reserves the right to take all reasonable steps necessary to 

verify this. 

Whilst working from home you are obliged to comply with all TechStream’s policy and procedures as 

detailed in the staff handbook. 



Prod 03/2017. Page | 17

1.14.6 Working at Home: Health & Safety 

It is your responsibility to ensure that health and safety, welfare and ergonomic considerations are 

met satisfactorily, and that the requirements of TechStream’s Health and Safety Policy are followed. 

Staff must ensure that their working patterns and levels of work both over time and during shorter 

periods are not detrimental to their health and wellbeing. You will be responsible for monitoring your 

working time and ensuring that you take breaks of at least 20 minutes every six hours. 

Staff working at home have the same health and safety duties as other staff. They must take 

reasonable care of their own health and safety and that of anyone else who might be affected by their 

actions and omissions. 

Staff working at home must not have meetings in their home with customers or clients and must not 

give customers or clients their home address. 

TechStream requires that you have taken all reasonable precautions to maintain adequate standards 

for welfare, and health and safety purposes. TechStream reserves the right to take all reasonable steps 

necessary to verify that you have taken all reasonable precautions to maintain adequate standards for 

welfare, and health and safety purposes. 

Staff must use their knowledge, experience and any training to identify and report any health and 

safety concerns to their line manager. 



Prod 03/2017. Page | 18

Section 2 – Performance, Discipline & Grievances 

2.1 Discipline 

2.1.1 Introducion of Disciplinary Codes and Procedures 

• The implementation of a disciplinary code and procedure (“disciplinary code”) by the company 

is essential for the efficient running of the company’s business, the safety and the treatment of 

its employees and sound industrial relations. 

• The disciplinary code is intended to ensure that employees have knowledge of the disciplinary 

rules governing their employment and it accordingly describes the action which may be taken 

by the company should an employee commit an offence. 

• Please note that this disciplinary code is not exhaustive of the standards of behaviour expected 

and does not set out all the grounds justifying termination of employment. The common-law 

grounds for discipline and termination of employment will exist hand-in-hand with the 

disciplinary code. 

• Notwithstanding the fact that certain unacceptable behaviour is prescribed to receive a 

specified number of warnings in terms of this disciplinary code, an employee may be dismissed 

for accumulated misconduct of varying nature even though he or she might not otherwise have 

been dismissed in respect of any one particular category of misconduct or in the case of 

misconduct which would justify summary dismissal at the common law. 

• All the forms referred to herein are obtainable from the manager responsible for personnel 

matters and only those forms may be used. 

2.1.2 Progressive Discipline 

The company generally adopts the principle of progressive discipline which is the idea that depending 

on the circumstances, an employee who breaches this disciplinary code and/or whose conduct is 

unacceptable may be rehabilitated through a system of discussions/warnings and/or a process that 

helps the employee correct his or her behaviour. 

Please note however that the company adopts a zero-tolerance attitude to certain acts of misconduct. 

Accordingly, the progressive discipline principle may not apply in all circumstances. 

2.1.3 General Rules 

• An employee who is required to render his services at the premises of the company’s client, shall 

in addition to this disciplinary code be bound by the disciplinary code and procedures, rules, 

regulations and standards of that client 

• If it appears that the company’s client intends to institute disciplinary action against an employee 

of the company, it is incumbent upon that employee to timeously inform the company of the 

client’s intention to institute disciplinary procedures against him. 

• The managers responsible for exercising disciplinary action will use their discretion and on 

occasions may prefer to give a lesser sanction depending on the circumstances. 

• Written warnings for different offences will be accumulative. This means that the company is 

entitled to take into account the entire operative disciplinary history of the employee. 



Prod 03/2017. Page | 19

• If a manager referred to herein is unavailable, the company may designate another manager to 

deal with the matter. 

• Both the employee and the company shall be entitled to appeal against a decision. In the event 

that both appeal against the same decision, then the chairman of the appeal hearing shall consider 

both appeals before making his finding. 

• Where the company has successfully appealed against a finding, the chairman shall be entitled, 

where appropriate, to increase the penalty. 

• The disciplinary process is an internal process; therefore, neither the employee nor the company 

will be allowed external representation, unless agreed to by both parties. In the event that an 

employee wishes to challenge a finding after the procedure has been exhausted, the employee 

shall be entitled to take appropriate steps as is provided for in terms of the law of the Republic of 

South Africa. 

2.1.4 Minor lapses 

In some particularly mild cases of misconduct, a warning may be too harsh and these will be dealt with 

informally by your manager by way of advice, coaching, counselling or training as appropriate and will 

clearly advise you of the standard of behaviour expected. Unless you give a reasonable explanation, 

you will be informed that if you do not improve/correct your behaviour in the future, then you may 

be subject to formal disciplinary action. Even then, your case will be fully investigated before 

disciplinary action is considered. 

Examples of minor lapses are: isolated instances of poor time-keeping/attendance, poor performance, 

or minor breaches of our rules. Generally, this will resolve the problem without using the formal 

disciplinary process. 

Even though this on-the-spot disciplinary action is informal, the manager or supervisor must keep a 

note of the fact. This will be noted in a meeting minute and placed in the employee’s file. 

2.1.5 Warnings 

A warning is a clear and unambiguous written notice to an employee that the company regards a 

certain type of conduct or behaviour as unacceptable. 

Depending on the seriousness of the offence, a warning can be graded from a first written warning, 

through to a second written warning, a third written warning or a final written warning. This is in line 

with the company's progressive discipline principle — the severity of the warnings increase as the 

nature of the misconduct increases in severity. 

Warnings can also be increased if an employee persists in less-serious misconduct. A first written 

warning may be appropriate the first time an employee fails to comply with the company’s policy or 

procedure e.g. dress code, but a more serious disciplinary sanction (such as a second written warning 

or even a final written warning) will be appropriate the second time the employee fails to comply with 

the company policy or procedure. 

Warnings remain valid for a certain period of time depending on the nature of the misconduct and the 

circumstances surrounding the matter. 



Prod 03/2017. Page | 20

The form shall be signed by the manager (or duly authorized employee thereof), as well as the 

employee concerned. Should the employee refuse to sign acceptance of receipt of the warning letter, 

a witness will sign indicating that a warning letter was duly handed to the employee despite his or her 

refusal to sign same. The employee’s refusal to sign the written warnings will not invalidate it. 

The written warning will be placed on the employee’s personal file and will lapse after 12 months after 

the date it was issued. 

2.1.6 Dismissal 

Dismissal is the most serious disciplinary sanction of all, and should only be imposed as a last resort, 

or in the case of particularly serious misconduct 

Dismissal for misconduct must be substantively fair. This means that there must be a valid and fair 

reason for the dismissal. 

Dismissal for misconduct must also be procedurally fair. This means that an appropriate and fair predismissal 

procedure must be followed. 

In the most severe cases of misconduct and/or in cases that are recognized in the common law as 

sufficient, the employee will be dismissed without notice. This is known as summary dismissal. 

Examples of serious misconduct are : fighting, falsifying records, deliberately disobeying company 

Rules or other instructions (e.g. : Health & Safety), persistent absence, unauthorised use of company 

facilities/property, misappropriation of company property, serious negligence/willful action which 

results in unacceptable loss, damage or injury, disregard of safety instructions or written operating 

instructions, committing a criminal offence, violent/intimidatory/aggressive conduct or verbal 

physical abuse to fellow employees, clients, visitors, sexual, racial or other harassment of a fellow 

employee, being under the influence of alcohol/drugs during working hours; smoking in non-smoking 

areas, incapability, divulging of company and/or confidential information. 

In cases of possible gross misconduct, the company reserves the right to monitor and/or formally 

investigate the employee using external providers. 

2.1.7 The Disciplinary Hearing Process 

In general, the company will adopt the process described below. However, each situation is different 

and the company reserves the right to amend the disciplinary process depending on the circumstances 

at hand. 



Prod 03/2017. Page | 21

2.1.7.1 Invesigaion into the alleged misconduct 

Before any disciplinary action is taken against an employee, a preliminary investigation may be 

performed by the company. 

The purpose of this preliminary investigation is to determine the following: 

• Are the charges or allegations made against the employee real or imagined? 

• Are there facts to support the charges or allegations? 

• Is there documentary proof of the allegations or charges against the employee? 

• Are there witness accounts against the employee to support the charges against the employee? 

The investigation must be conducted in a neutral and objective manner i.e. the manager or 

coordinator conducting the investigation must not allow his or her own personal views or prejudices 

to determine the outcome of the investigation. 

2.1.7.2 Suspension Process 

An employee may be suspended on full pay and without loss of any benefits if the continued presence 

of that employee 

• causes disruption in the workplace, 

• has the potential of disrupting the investigation of the misconduct, 

• has the potential of threatening other employees, or where other employees are likely to be 

intimidated by the employee charged with the misconduct. 

The suspension process commences with an informal meeting where the employee will be informed 

of the allegations against him or her which have given rise to the company needing to perform an 

investigation as to whether he/she performed the acts of misconduct as alleged. 

The employee should further be advised that in the event that the evidence substantiates the 

allegations, the company will hold a disciplinary hearing and request a certain sanction, which may 

include dismissal. 

The employee should thereafter be afforded the opportunity to make representations as to why 

he/she should not be suspended. 

Following the meeting, the employee’s representations, if any, should be carefully considered by the 

company to determine whether or not there is sufficient evidence or legitimate reasons to continue 

with the investigation and/or the disciplinary action. 

Once a final decision has been made, the decision should be conveyed to the employee in writing. The 

notice given to the employee should in general contain the following: 

• The decision by the company regarding the employee’s representations i.e. whether the 

employee will factually be suspended; 

• The conditions of access to the workplace, and other conditions, during the course of the 

suspension; and 

• The name of a contact person to obtain access to the workplace. 



Prod 03/2017. Page | 22

2.1.7.3 Noice to Amend a Disciplinary Hearing 

As soon as the company is satisfied that there is a basis for charging the employee with misconduct, 

the employee concerned must be notified in writing of the allegations against him/her. 

The notice to attend the disciplinary hearing must give sufficient information to allow the employee 

to prepare a case in response to the charges. This may include documents, statements and other 

information relevant to the charges brought against the employee. 

The company’s representative will complete and sign the notice to attend a disciplinary hearing and 

hand it to the employee being charged. The employee must countersign one copy of the notice to 

indicate that he/she acknowledges receipt of the charge. The company must retain the countersigned 

copy of the form. 

If an employee refuses to sign acknowledgement of receipt, the notice must again be handed to the 

employee being charged — this time in the presence of a witness, who will countersign it to indicate 

that a copy of the form was handed to the employee at the indicated time and place. 

An employee must be given at least 48 hours to consider the nature and extent of the charges put to 

him/her and prepare for the upcoming disciplinary hearing. 

During this time, the investigation must continue to make sure of the facts, to secure all the relevant 

documents, and to get as much clarity about the events as possible. 

2.1.7.4 The Disciplinary Hearing 

The main focus of the disciplinary enquiry is to — 

• Firstly, establish whether or not, on a balance of probabilities, the employee performed the 

alleged misconduct i.e. breached a rule, standard, policy or procedure of the company; and then 

• Secondly, to establish an appropriate sanction in the circumstances. 

2.1.7.5 During the Hearing 

The company will- 

• present evidence in support of the allegations i.e. evidence; 

• call witnesses if necessary to substantiate the allegations; 

• make the necessary arguments in support of the sanction requested; and 

• will challenge the evidence presented by the employee. 

The employee has the following rights during the disciplinary hearing: 

• To speak for himself/herself, and/or to be internally represented 

• To lead his/her own evidence in support of his/her case (this includes calling witnesses, bringing 

documents to the enquiry, or asking questions of the witnesses called by the employer’s 

representative); 

• To ask for an interpreter if necessary; 

• To be heard and to have his/her case fairly, objectively considered in a neutral manner; 

• To plead mitigation and show why the proposed sanction is not appropriate. 



Prod 03/2017. Page | 23

These procedural rights of an employee are important — if the employee is deprived of any of his/her 

rights, it may make the entire disciplinary process being unfair. 

If the employee charged with misconduct is also a trade union representative (shop steward), the 

company must ensure that the trade union is informed of the charge, and that consultations take 

place with the trade union in respect of the disciplinary charges brought against the representative. 

This also applies in cases where the employee is an office-bearer or official of a trade union. 

2.1.7.6 The Chairperson of the Hearing 

The chairperson of the hearing should be objective and neutral in respect of both the employee and 

the manager/coordinator who conducted the investigation. 

The chairperson should not have been involved, directly or indirectly, in the misconduct itself and 

cannot be a witness, for example, or the victim of an assault. 

The chairperson bears considerable responsibility for ensuring that the employee receives a fair 

hearing. 

The chairperson should be someone of a rank or position either similar or higher than the 

manager/coordinator who conducted the investigation, and, if possible, a position higher than the 

employee charged with misconduct. The company may also appoint an external person to chair the 

disciplinary hearing. 

The chairperson must maintain order in the disciplinary enquiry. 

There is no need for the chairperson to take any decision immediately, but rather may take time to 

consider the decision. 

2.1.7.7 Deciding on an appropriate sancion 

The employee may state reasons why he/she should not be dismissed or why a certain disciplinary 

sanction should not be applied. The employee may lead evidence in mitigation of the disciplinary 

offence. This may include a long and unblemished disciplinary record, provocation, heat-of-themoment 

actions, or even the personal circumstances of an employee. 

The following factors may be relevant in deciding the appropriate sanction: 

• The nature and seriousness of the offence; 

• The impact of the misconduct on workplace relationships; 

• The likelihood of the misconduct being repeated; 

• The need to act consistently — similar cases being treated similarly; 

• The personal circumstances of the employee. 



Prod 03/2017. Page | 24

2.1.7.8 The decision to dismiss 

The decision whether to dismiss is the decision of the chairperson alone. Generally, the chairperson 

must refrain from discussing anything relating to the hearing and the decision to dismiss with any 

other employee. 

An employee may in general be dismissed for misconduct if, the chairperson can answer all the 

following questions in the affirmative: 

• Did the employee, on a balance of probabilities, contravene (or breach) a rule or standard that 

governs conduct in (or conduct of relevance to the workplace)? 

• Was the employee aware of the rule at the time? Or could it reasonably be expected of the 

employee to have been aware of the rule at the time of breach? 

• Was the rule valid and fair? 

• Has the rule been applied consistently? 

• Was dismissal the only appropriate sanction for the misconduct — taking into consideration all 

the facts of the case and the facts in mitigation presented by the employee? 

The decision to dismiss should be taken with considerable care. 

2.1.8 Appeal hearings 

A former employee or employee who regards any disciplinary action taken against him at a disciplinary 

enquiry as unjustified may appeal against the disciplinary action within 3 days of being informed of 

the disciplinary action at hand. 

An appeal hearing shall only be considered by a manager more senior than the manager who imposed 

the discipline. If a high level does not exist or is not appropriate, a manager of the same level as a 

manager who imposed the discipline shall hear the appeal. 

An employee wishing to lodge an appeal shall fill out an appeal form, including a statement outlining 

the grounds for appeal, and shall hand it to the manager responsible for personnel matters for filing 

and to convene an appeal hearing. 

The appeal hearing is not a rehearing of the disciplinary enquiry. The appeal chairman shall hear the 

appeal by reading the documentation from the enquiry including the minute of the disciplinary 

enquiry and hearing arguments by the employee and if appropriate the complainant. 

The chairperson conducting the appeal shall exercise discretion regarding whether new or additional 

evidence will be received from the employee and/or whether any witnesses should be recalled. 

The appeal chairman may either approve, reject, increase or vary the disciplinary action already 

imposed at a disciplinary enquiry and a decision must be given within a reasonable time. It may be 

appropriate for the appeal chairman to refer the matter to a new disciplinary enquiry into the same 

allegations. 



Prod 03/2017. Page | 25

2.2 Poor Work Performance 


The Company should give an employee whatever evaluation, instruction, training, guidance or 

counselling necessary for him/her to render satisfactory service. 

Should the employee fail to perform the Company will be entitled to follow a Poor Work Performance 

Counselling Process. 

2.2.2 Guidelines for the Poor Work Performance Counselling Process - 

The employee must be given a notice calling him/her and his/her internal representative (i.e. work 

colleague), to a counseling session. 

Generally, the Company will discuss the following: 

• the employee’s failure to achieve a certain standard; 

• the comparison between his/her standards achieved and another similar employee, if 

appropriate; 

• enquire as to why he/she is failing and what management can do to assist him/her in order to 

achieve the required standard; 

• set a particular Performance Improvement Plan (“PIP”) for him/her to achieve over a reasonable 

time period; 

• Advise him/her that should they fail to achieve the necessary standard that a further 

consultation. 

Management will continue to monitor the employee’s performance in order to ensure their progress 

and that the standards are met. 

2.2.3 Dismissal for poor work performance: 

In the event the employee fails to achieve the standards set, the Company is then entitled to call the 

employee to a Poor Work Performance Hearing. The hearing is then chaired by an independent third 

person who has no knowledge of the employee’s performance. 

The same and/or similar process as the Disciplinary Process will be utilized by the Company. 

When determining whether a dismissal for Poor Work Performance is fair, the following should be 

considered: 

• Whether or not the employee failed to meet a performance standard; 

• If the employee did not meet the required performance standard whether or not – 

• the employee was aware, or could reasonably be expected to have been aware, of the 

required performance standard; 

• the employee was given a fair opportunity to meet the required performance standard; 

and 

• dismissal is an appropriate sanction for not meeting the required performance standard. 



Prod 03/2017. Page | 26

2.2.4 In general the PIP is as follows: 

Please note that should an alternative position become viable at a lower salary, management may 

introduce this alternative if appropriate, and may only implement same by agreement with the 

employee. 

STEPS IN PIP PROCESS 

FIRST MEETING – SET DATE FOR FOLLOW UP MEETING 

SECOND MEETING – IF NO/INSUFFICIENT IMPROVEMENT THEN MOVE TO THIRD 

MEETING 

THIRD MEETING– IF NO/INSUFFICIENT IMPROVEMENT MOVE TO POOR WORK 

PERFORMANCE HEARING 

The time period will depend on the complexity of the 

task and the extent to which it is not performed 

accordingly to the standard required. 

The time period could be as short as 2 weeks if the 

employee is continuously monitored and feedback is 

given. 

The employee must be advised that should their 

performance not improve they may be dismissed. 

POOR WORK PERFORMANCE HEARING 

2.3 Grievances 


The purpose of the grievance procedure is to describe the company’s policy with regard to resolving 

grievances and to ensure that grievances are considered and resolved as close as possible to the point 

of origin and as speedily as practicable. 

A grievance is any feeling of dissatisfaction or perceived unfair treatment, which employees 

experience in relation to their work and employment situation and which constitutes a grievance of 

right. 

2.3.2 Primary Objecive 

The aim of the grievance procedure is to enable employees to have their grievances resolved fairly, 

quickly and at the earliest possible stage. 

Employees may lodge grievances without fear of victimisation 

2.3.3 General Principles 

• No employee/representative shall be victimised as a result of his/her having or represented any 

employee lodging a grievance 

• Where victimisation is suspected, an employee may submit details in terms of the Grievance 

Procedure 

• Except in instances where the grievance is of a serious nature, or where the employee so 

requests, a formal grievance hearing need not be convened in each and every instance. Often 

an informal meeting between the employee and his manager is the most effective way of 



Prod 03/2017. Page | 27

esolving minor complaints, and encourages direct communication between management and 

staff. 

• When a formal grievance contemplated, Management shall convene a formal hearing as 

described below. 

• The grievance procedure shall not be used by an employee for the purpose of: 

• amending any agreement entered into between the company and a trade union or the 

disciplinary code and procedure of the company, 

• processing a disciplinary matter of dismissal through it, or 

• collective bargaining 

• The company and the employee lodging the grievance may agree to either reduce or extend the 

steps and time limits stated in the grievance procedure. 

• A grievance should be lodged by an employee within three (3) days of the occurrence which 

gave rise to it. 

• The resolution of a grievance, subject to the steps set out below shall, whenever possible be 

vested in management. 

• Employees and staff elected representatives will not suffer any prejudice in their employment 

as a consequence of lodging a grievance in terms of the grievance procedure. 

• Where a manager is unavailable to deal with a grievance, the company may designate another 

manager to deal with the grievance. 

2.3.4 Informal Stage 

The employee shall first verbally raise a grievance with his immediate Supervisor/Manager 

The immediate manager shall promptly gather and analyse all the facts, review the company’s policy 

in relations to the grievance, if necessary discuss the grievance with a manager and make a decision. 

The immediate manager shall notify the employee of the decision within two (2) days or within that 

period notify the employee of the additional time needed to investigate the grievance. 

2.3.5 Formal Grievance – General Principles 

Management shall appoint a chairperson of the grievance hearing 

The employee shall be informed of the time, date and venue of the grievance hearing 

The grievant shall have the right to request an interpreter. It is the duty of the company to provide 

an interpreter should the employee request one. 

The employee and his representative shall have the right to present his case and lead evidence, to call 

witnesses and to question witnesses, and/or to have copies of any documents produced as evidence 

at the hearing. In presenting his case, the grievant(s) will be required to state the grounds and reasons 

of his grievance, and where appropriate lead evidence and argument in this regard. 



Prod 03/2017. Page | 28

The chairperson of the grievance hearing may request additional evidence and/or witnesses to be led 

in the hearing to determine the merits of the grievance. The chairperson will then make a 

determination on the merits of the grievance and identify any appropriate remedial action. 

After hearing all available evidence, the chairperson shall make a finding on the matter and make his 

decision known to all parties in writing. 

A record of the proceedings will be kept by a person appointed or nominated by the chairperson of 

the grievance hearing. 

An employee shall be entitled to be represented by an employee from the workplace at which he is 

employed. However, it is his duty to arrange for such representation. 

In cases where group grievances are addressed, grievant will be allowed to attend the grievance 

hearing in addition to the representatives. Any further grievant may be called individually into the 

grievance hearing to present their case. 

Should the grievance not be resolved to the satisfaction of the employee(s), he or they shall be entitled 

to proceed to the next stage of the grievance procedure. 

2.3.6 Funcions of managers 

A manager may be consulted by employees for advice and assistance at any stage of the grievance 

procedure. A manager will counsel and advise by: 

• interpreting the company’s policies and procedures, 

• developing and improving the understanding of the causes and the handling of grievances; 

• lending objectives to the process; 

• preventing delay’s in grievance solving; 

• resolving conflicts between employees and Supervisor / managers or fellow employees. 

The documents contained in the grievance procedure and the forms referred to in the grievance 

procedure are obtainable from the Head Office. 



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2.3.7 Stages of the Grievance Procedure 

2.3.7.1 Stage One 

An employee who believes he/she has a grievance must first report such a grievance to the manager 

or his/her designate). 

The manager (or his/her designate) must endeavour to resolve the grievance and communicate the 

outcome to the employee as soon as possible. Once a decision has been given by the manager (or 

his/her designate) and the employee feels that he matter must be pursued further, then stage 2 

becomes effective. 

In the event of an employee having a complaint about his/her immediate supervisor, he/she must 

approach the next reporting level of his/her immediate supervisor directly for the purpose of resolving 

the grievance. 

2.3.7.2 Stage Two 

If the employee elects to proceed with the grievance, he shall, with the assistance of his/her 

representative, if he/she so wishes, lodge the grievance with the manager (or his/her designate). A 

chairperson of the same or higher status as the chairperson of the original grievance hearing will then 

be appointed and a further grievance hearing convened. 

Once the chairperson has given a decision and the employee feels that the matter must be pursued 

further, then the employee may refer his/her dispute to the CCMA for adjudication. 



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2.3.8 Time limits 

The following schedule constitutes a guide as to the time periods within which the various stages of 

the grievance procedure are to be initiated. The time limits are in no way prescriptive and may be 

varied having regarding to the particular circumstances of each case, subject to the requirements of 

fairness and reasonableness. 

PROCEDURAL STEP 

TIME PERIOD 

STAGE 1 

Incident(s) giving rise to the grievance - 

Lodgement of a grievance 

Within 3 days of incident giving rise to 

grievance 

Notice of a Grievance Hearing 

Within 3 days of lodgement of grievance 

Grievance Hearing 

Within 4 days of Notification to Attend 

Grievance Hearing 

Finding of Grievance Hearing 

Within 7 days of Grievance Hearing 

STAGE 2 

Lodgement of Grievance 

Within 7 days of Finding of Grievance 

Hearing 

Notice of Grievance Hearing 

Within 3 days of Lodgement of Grievance 

(stage 2) 

Convening of Grievance Hearing 

Within 4 days of Notification of Grievance 

Hearing (stage 2) 

Finding of Grievance Hearing 

Within 7 days of Convening Grievance 

Hearing (stage 2) 



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2.4 Schedule of Offences and Possible Sanctions 

DESCRIPTION OF OFFENCE 

ZERO TOLERANCE OFFENCES 

Under the influence of alcohol/prohibited substances/smelling of 

alcohol/attending the work premises in an unfit condition 

Failure to act in good faith 

Use of dangerous weapons/Carrying unauthorized or illegal weapons 

Gross insubordination/insolence/disrespect towards superiors 

Fraud /bribery/corruption and/or failure to advise/disclose to the 

company fraud/bribery/corruption committed by another employee 

Grossly offensive behavior 

Dereliction of duty 

Gross Negligence 

Unauthorized/un-communicated absence from work for more than 

three days in any given month 

Dishonesty and/or deceiving/attempting to deceive the company 

Misappropriation/Unauthorized possession and/or removal/the 

company’s or customers’/supplier’s property. 

Bribery/Corruption/Kickback 

Failing/refusing to follow the company rules, regulations or policies 

and/or failure to advise the company of another employee’s breach 

of the company’s rules, regulations or policies 

The unauthorized disclosure of any information relating to the affairs 

of the company 

Sexual Harassment 

Access/viewing or forwarding of pornographic internet 

sites/material 

Unauthorized use and/or abuse of the company electronic media 

such as telephone, email facility and internet access 

Threatening violence/assault /attempted assault /fighting to a fellow 

colleague and/or customer/visitor 

POSSIBLE SANCTION 

FIRST 

INCIDENT 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

SECOND 

INCIDENT 

THIRD 

INCIDENT 

FOURTH 

INCIDEN 

T 



Prod 03/2017. Page | 32


Willful loss, damage, misuse of the company property 

Falsifying evidence/forgery/false uttering/sabotage 

Sexual relations/conduct with colleagues during working hours 

and/or on the company premises 

Voyeurism/Spying 

Theft 

Divulging of confidential information without written permission. 

Intimidation, abuse, sexual harassment, coercing, interference with 

fellow workers on company premises at any time. Inciting or causing 

labour unrest. 

Malicious or intentional damage to company property i.e. tools, 

stores, machines, equipment, 

Failure to adhere to maintenance instructions/standing orders on 

the utilization of tools, equipment machines vehicles, etc. 

Unauthorized use of company vehicles 

Making false or damaging statements concerning the company, its 

employee’s services and products and/or bringing the company’s 

name into disrepute 

Unauthorized posting, removal or distributing of notices, statements 

or posters on company property 

Falsification of personnel or any other records. Non-disclosure of 

pertinent information relating to employment position prior to 

employment. e.g. misconduct 

Commissioning, loading or dispatching of any merchandise without 

official documentation/dockets 

Moonlighting and/or unauthorized extraneous employment 

Gross Negligence 

Gambling during working hours 

Any conduct or action which may cause negative publicity to the 

image and/or reputation of the company and/or result in the loss of 

revenue for the company 

Failure to obtain approval from your Managing Partner for a change 

in TOB’s that put the Company at risk (for example contract margins 

and permanent fees) before agreeing with the client, in particular 

rates above 22% or below 10%. 


FIRST 

INCIDENT 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

SECOND 

INCIDENT 

THIRD 

INCIDENT 

FOURTH 

INCIDEN 

T 



Prod 03/2017. Page | 33


SERIOUS OFFENCES 

Refusal to carry out an authorized instruction. 

Dangerous Horseplay and/or disorderly behavior and/or riotous 

behavior 

Failure to comply with fire, health, safety and sanitary standards and 

regulations. 

Unauthorized absence from the workplace and/or work station 

whilst on duty. 

Unauthorized admittance of third parties onto the company 

restricted areas/premises, 

Trading on the company property, without authorization. 

Failure to report emergencies, or irregularities 

Failure/refusal to clock in 

Failure/ refusal to submit attendance records 

Failure/refusal to comply with statutory acts/regulations. 

Rudeness, insolence, abuse, insulting or neglectful behavior towards 

customers / visitors 

Sleeping whilst on duty 

Uncooperativeness towards superiors/fellow employees. 

Failure to follow standing procedures 

Smoking in non-smoking areas 

Victimization 

Incurring unnecessary expenditure 

Failure to report an injury on duty 

Unnecessary unruliness on the premises/offices/factory, etc. 


FIRST 

INCIDENT 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

Final Written 

Warning 

SECOND 

INCIDENT 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

THIRD 

INCIDENT 

FOURTH 

INCIDEN 

T 



Prod 03/2017. Page | 34


Transport of passengers and/or goods on company vehicles without 

permission 

Clocking or signing attendance register for other employees and/or 

clocking on other employee’s card or register 

OTHER OFFENCES 

Abuse of telephone usage 

Habitual absence. 

Recurrent or intentional late coming, early departure, extended 

meal/tea breaks, loitering in changing rooms 

Obscene language 

Exhibiting negative/disruptive/ remarks or comments concerning 

the Employer, the company or fellow employees, causing destructive 

conduct and results in the workplace 


FIRST 

INCIDENT 

Final Written 

Warning 

Final Written 

Warning 

First Written 

Warning 

Written 

warning 

First Written 

Warning 

Written 

Warning 

First Written 

Warning 

SECOND 

INCIDENT 

Hearing – 

possible 

dismissal 

Hearing - 

possible 

dismissal 

Final Written 

Warning 

Final Written 

Warning 

Second 

Written 

Warning 

Final Written 

Warning 

Second 

Written 

Warning 

THIRD 

INCIDENT 

Hearing - 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Final Written 

Warning 

Hearing – 

possible 

dismissal 

Final Written 

Warning 

FOURTH 

INCIDEN 

T 

Hearing – 

possible 

dismissal 

Hearing – 

possible 

dismissal 

Failing to look after any free issues, safety equipment and clothing, 

personal tools, operating machines, etc. 

Written 

Warning 

Final Written 

Warning 

Hearing – 

possible 

dismissal 

INCAPACITY/POOR WORK PERFORMANCE RELATED OFFENCES 

Drug and alcohol abuse. 

Incompetence and/or poor performance 

Incapacity/Ill health/Injury 

Incapacity 

consultation 

Incapacity 

consultation 

& First 

Written 

Warning 

First 

Incapacity 

Consultation 

Incapacity 

consultation 

Incapacity 

consultation 

& Second 

Written 

Warning 

Second 

Incapacity 

Consultation 

Incapacity 

Hearing - 

possible 

dismissal 

Incapacity 

consultation 

& Final 

Written 

Warning 

Third 

Incapacity 

Consultation 

Incapacity 

Hearing - 

possible 

dismissal 

Incapacity 

Hearing - 

possible 

dismissal 

Please note that the company is not bound by the above Schedule of offences and possible penalties 

as it serves merely as a guideline to indicate and describe specific forms of unacceptable behaviour 

and/or the possible sanction for such unacceptable behaviour. 

The company reserves its right to charge the employee with misconduct not listed in the Schedule of 

Offences and/or to charge the employee with any recognized form of common law misconduct and 

to ask for any sanction it deems appropriate in light of the circumstances at hand. 



Prod 03/2017. Page | 35

Section 3: Operational Policies 

3.1 General Personal Behaviour 

When dealing with your colleagues you should always be respectful and courteous. You should deal 

with others the way you would expect to be dealt with yourself. 

• The use of vulgar, demeaning or inappropriate language will not be tolerated irrespective of 

the context. 

• Aggression, shouting or venting of frustration is not appropriate anywhere, especially in an 

open office environment. Issues between individuals should be dealt with outside of the open 

office environment. Where an employee feels, they have been treated unfairly they may take 

this up with their line manager, or another member of the senior team. In cases where the 

issue is more significant, employees may make a formal, written complaint and submit to HR. 

• Issues between individuals should not be addressed verbally or in written form to persons 

who are not involved or not relevant. Therefore a group forwarding and team/ office 

forwarding of emails, intended for individuals should not be used. 

• Wherever possible, deal with issues personally and face to face. Avoid the use of email/ 

telephone. 

• No subordinate should be expected to carry out a task for a colleague that is not in line with 

his or her general remit of employment, (not all tasks will be defined in the employee contract 

or in the job description). Any unfair requests should immediately be challenged with the 

manager or another member of the senior management team. If this does not resolve the 

issue then the employee is encouraged to put the grievance in writing to an appropriate 

member of the senior management team or HR. 

It is not possible to define every possible incidence of acceptable conduct so the general points here 

will, from time to time, be amended and added to and should not be considered as final. 

3.2 Dress Code 

Employees need to dress in a professional and presentable way, to promote and reflect the 

TechStream’s image and value. Business-casual dress can be defined as a middle ground between 

business formal wear and casual wear. This means dressing professionally and neat 

• Clothes that are typical in workouts and outdoor activities aren’t allowed 

• Clothes that are too revealing or inappropriate aren’t allowed 

• All clothes must be clean and in good shape discernible rips, tears or holes aren’t allowed. 

• Clothing with words, slogans, terms, or pictures that constitutes “hate speech”, infringes the 

rights and dignity of others, or is deliberately provocative is not appropriate. Any clothing that 

has words, terms or pictures that may be offensive to other employees is unacceptable. This 

includes images that are political or religious in nature, are sexually provocative, use profanity 

or are insulting to other employees 

• All client-facing meetings require formal business wear. 

• When representing TechStream at a business-related event, you are expected to dress and 

behave in an appropriate manner. 

Monitoring against these guidelines is a responsibility of all those with line management 

responsibilities. If clothing fails to meet these standards, as determined by the guidelines, the line 

manager and/or HR may ask the employee not to wear the inappropriate item to work again 



Prod 03/2017. Page | 36

3.3 Electronic Information and Communications Systems Policy 

3.3.1 Introduction 

• Our electronic communications systems and equipment are intended to promote effective 

communication and working practices within our organisation and are critical to the success of 

our business. This policy deals mainly with the use (and misuse) of computer equipment, e-mail, 

the internet, telephones, mobile phones and voicemail, but it applies equally to the use of fax 

machines, copiers, scanners, CCTV, and electronic key fobs and cards. It outlines the standards we 

require users of these systems to observe, the circumstances in which we will monitor use of these 

systems and the action we will take in respect of breaches of these standards. 

• All staff are expected to protect our electronic communications systems and equipment from 

unauthorised access and harm at all times. Failure to do so may be dealt with under our 

Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to 

summary dismissal. 

3.3.2 Equipment Security and Passwords 

• Staff are responsible for the security of equipment allocated to or used by them and must not 

allow it to be used by anyone other than as permitted by this policy. 

• Staff are responsible for security of their terminals. If leaving a terminal unattended or on leaving 

the office, they should ensure that they lock their terminal or log off to prevent unauthorised users 

accessing the email or internet system in their absence. Staff without authorisation should only 

be allowed to use terminals under supervision. 

• Desktop PCs and cabling for telephones or computer equipment should not be moved or 

tampered with without permission. 

• Passwords must be kept confidential and must not be made available to anyone else unless 

authorised by a manager. For the avoidance of doubt, on the termination of employment (for any 

reason) staff must provide details of their passwords to their manager and return any equipment, 

key fobs or cards. 

• Staff who have been issued with any electronic equipment or mobile phones, must ensure that it 

is kept secure at all times, especially when travelling. Passwords must be used to secure access to 

data kept on such equipment to ensure that confidential data is protected in the event of loss or 

theft. Staff should also be aware that when using equipment away from the workplace, 

documents may be read by third parties, for example, passengers on public transport. 

• Passwords must be updated on a monthly basis. 

3.3.3 Systems and Data Security 

• Staff should not delete, destroy or modify existing systems, programs, information or data which 

could have the effect of harming our business or exposing it to risk. 

• Staff should not download or install software from external sources without authorisation from a 

Director. This includes software programs, instant messaging programs, screensavers, photos, 

video clips and music files. Incoming files and data should always be virus-checked before they are 

downloaded. If in doubt, staff should seek advice from their manager. 



Prod 03/2017. Page | 37

• Online radio, audio and video streaming must never be accessed from the network, because of 

their potential to overload the system or introduce viruses. The Company permits (and indeed 

encourages) the use of business and social networks (such as Twitter and LinkedIn) and other 

developing forms of communication for the better performance of your duties, although care 

should be used in their use and you should ensure that all communications via such media comply 

with the remaining parts of this policy, as to form and content etc. 

• No device or equipment should be attached to our systems without the prior approval of a 

Director. This includes any USB flash drive, MP3 or telephone. It also includes use of the USB port, 

infra-red connection port or any other port. 

• We monitor all e-mails and other communications passing through our system for viruses. Staff 

should exercise caution when opening e-mails from unknown external sources or where, for any 

reason, an e-mail appears suspicious (for example, if its name ends in. ex). Your manager should 

be informed immediately if a suspected virus is received. We reserve the right to block access to 

attachments to e-mails for the purpose of effective use of the system and for compliance with this 

part of our policy. We also reserve the right not to transmit any e-mail message. 

• Staff should not attempt to gain access to restricted areas of the network, or to any password 

protected information, unless specifically authorised. 

• Staff using laptops or wi-fi enabled equipment must be particularly vigilant about its use outside 

the office and take any precautions required by the Company from time to time against importing 

viruses or compromising the security of the system. The system contains information which is 

confidential to our business and/or which is subject to data protection legislation. Such 

information must be treated with extreme care. You may not use public based free wi-fi to access 

work related mobile apps on your phone or laptops. 

3.3.4 Mobile Devices 

• Employees are able to download company email software to their mobile phones, laptops and 

tablets. Access will be stopped and deleted once you leave employment. 

• TSG is aware that employees use their personal mobile phones to contact candidates and clients. 

Once employee leaves employment, you are expected to delete contact numbers for clients and 

candidates that have been saved on to your phone. 

3.3.5 Email and Other Electronic Communication Etiquette and Content 

• Reference in this section to Email includes (where the context permits) all other forms of 

electronic communication. 

• Email is a vital business tool, but an informal means of communication, and should be used with 

great care and discipline. Staff should always consider if Email is the appropriate means for a 

particular communication and correspondence sent by Email should be written professionally. 

Messages should be concise and directed only to relevant individuals. Our standard disclaimer 

should always be included. 

• Staff should ensure that they access their Emails at least once every working day, stay in touch by 

remote access when travelling and use an out of office response when away from the office for 

more than a day. They should endeavour to respond to Emails marked "high priority" as soon as 

possible and in any event within 24 hours. 



Prod 03/2017. Page | 38

• Staff should not send abusive, obscene, discriminatory, racist, harassing, derogatory or 

defamatory Emails. Anyone who feels that they have been harassed or bullied or are offended by 

material received from a colleague via Email should inform a Director. 

• Staff should take care with the content of Email messages, as incorrect or improper statements 

can give rise to claims for discrimination, harassment, defamation, breach of confidentiality or 

breach of contract. Staff should assume that Email messages may be read by others and not 

include anything which would offend or embarrass any reader, or themselves, if it found its way 

into the public domain. 

o Email messages may be disclosed in legal proceedings in the same way as paper 

documents. Deletion from a user's inbox or archives does not mean that an Email cannot 

be recovered for the purposes of disclosure. All Email messages should be treated as 

potentially retrievable, either from the main server or using specialist software. 

o In general, staff should not: 

o send or forward private Emails at work which they would not want a third party to read; 

o refer to fellow staff, the Company, any of its Group Companies, any of their clients, 

prospective clients, candidates or prospective candidates in any non-business email or in 

any derogatory or defamatory way; 

o send or forward chain mail, junk mail, cartoons, jokes or gossip; 

o contribute to system congestion by sending trivial messages or unnecessarily copying or 

forwarding Emails to those who do not have a real need to receive them; 

o sell or advertise using our communication systems or broadcast messages about lost 

property, sponsorship or charitable appeals; 

o agree to terms, enter into contractual commitments or make representations by Email 

unless appropriate authority has been obtained. A name typed at the end of an Email is a 

signature in the same way as a name written at the end of a letter; 

o download or Email text, music and other content on the internet subject to copyright 

protection, unless it is clear that the owner of such works allows this; 

o send messages from another worker's computer or under an assumed name unless 

specifically authorised; or 

o send confidential messages via Email or the internet, or by other means of external 

communication which are known not to be secure. 

• Staff who receive a wrongly-delivered Email should return it to the sender. If the Email contains 

confidential information or inappropriate material (as described above) it should not be disclosed 

or used in any way (other than as permitted by this policy). We will define what constitutes 

appropriate and inappropriate use. 

• Our employees represent our company whenever they use their corporate email address. They 

must not: 

o Sign up for illegal, unreliable, disreputable or suspect websites and services. 

o Send unauthorized marketing content or solicitation emails. 

o Register for a competitor’s services unless authorized. 

o Send insulting or discriminatory messages and content. 

o Intentionally spam other people’s emails, including their co-workers. 

• Employees will be required to clean up their outlook inboxes by 20th May 2018 



Prod 03/2017. Page | 39

3.3.6 Email security 

• Email is often the medium of hacker attacks, confidentiality breaches, viruses and other malware. 

These issues can compromise our reputation, legality and security of our equipment. 

• Employees must: 

o Select strong passwords with at least eight characters (capital and lower-case letters, 

symbols and numbers) without using personal information (e.g. birthdays.) 

o Remember passwords instead of writing them down and keep them secret. 

o Change their email password every 2 months. 

• Also, employees should always be vigilant to catch emails that carry malware or phishing 

attempts. We instruct employees to: 

o Avoid opening attachments and clicking on links when content is not adequately explained 

(e.g. “Watch this video, it’s amazing.”) 

o Be suspicious of clickbait titles. 

o Check email and names of unknown senders to ensure they are legitimate. 

o Look for inconsistencies or style red flags (e.g. grammar mistakes, capital letters, excessive 

number of exclamation marks.) 

• If an employee isn’t sure that an email they received is safe, they can ask our Security Specialists. 

• We remind our employees to keep their anti-malware programs updated. 

• Mimecast will be utilised to further improve and ensure our emails are safe from being hacked, 

phishing, spam, spoof and add security to emails coming in and going out. 

3.3.7 Database Policy 

• Information collated by past and current employees of the Company in the course of their 

employment is stored on the Company's database. The database is the product of a significant 

investment in time, money and expertise by the Company. Confidential Information that the 

Employee brings to the business or acquires during his Employment will also be input into the 

database. The data stored on the database is proprietary and is Confidential Information 

belonging to the Company in which it has a legitimate business interest and which it is entitled to 

protect. The Company's rights in the contents of the database and the database itself are 

protected by copyright, contract, common law and the Copyright and Rights in Databases 

Regulations 1997. Further, the Company is a registered data controller under the Data Protection 

Laws. It therefore has an on-going obligation to ensure the security and accuracy of the 

information contained on the database. 

• The Employee agrees and acknowledges that the contents of this database may not be used for 

any purpose other than proper Company business. The Employee is prohibited from making a 

copy of the database either in hard or soft copy form or to transfer any part of the database onto 

any other electronic media including personal devices. No part of the database should be removed 

from the Company's premises either in hard or soft copy form. Any breach of these prohibitions 

or any other form of misuse will result in disciplinary action up to and including dismissal. If the 

Employee needs to remove any details from the database for use outside the Company premises 

save for names and a contact telephone number for a specific and legitimate business purpose, 

then this should be approved by a Managing Partner. If the Employee has any queries in relation 

to the use of the database, these should be directed to his manager. 



Prod 03/2017. Page | 40

o 

o 

o 

The Employee agrees that at the end of his employment, along with all other 

Confidential Information, if for any reason whatsoever he has any copies or extracts of 

the database in either hard copy or soft copy form, these should be returned to the 

Company and the Employee will not make or keep any copies. 

If the Employee has reason to believe that any other employee has breached this clause 

36 he must report it to the Managing Director. Failure to report a suspected breach will 

result in disciplinary action against the Employee. 

The Employee will comply at all times with the relevant Company policies including but 

not limited to the Company’s Data Protection Policy and Data Protection Procedure and 

the IT Policy. 

3.3.8 Email Encryption 

• Emails that contain sensitive data in the body of the email (bank details, National Insurance 

numbers) will not be able to be forwarded, copied or saved unless the user is authorised to do so 

• Mimecast will encrypt all outgoing mail and add extra security to emails containing special 

category data. This means it is converted from readable plain text into scrambled cipher text. The 

recipient will need a private key to encrypt this message. Users will be informed if they need to 

send encrypted emails – but as a default any information that contains sensitive data or financial 

data will need to be encrypted. 

Deleted: mail, and 

3.3.9 Use of the Internet 

• When a website is visited, devices such as cookies, tags or web beacons may be employed to 

enable the site owner to identify and monitor visitors. If the website with inappropriate material 

has been accessed, downloaded, stored or forwarded from the website, such actions amount to 

a criminal offence if, for example, the material is pornographic in nature. 

• Staff should therefore not access any web page or any files (whether documents, images or other) 

downloaded from the internet which could, in any way, be regarded as illegal, offensive, in bad 

taste or immoral. As a general rule, if any person (whether intended to view the page or not) might 

be offended by the contents of a page, or if the fact that our software has accessed the page or 

file might be a source of embarrassment if made public, then viewing it will be a breach of our 

Electronic Information and Communications Systems Policy. 

• Our employees are advised to use our company’s internet connection for the following reasons: 

o 

o 

o 

To complete their job duties. 

To seek out information that they can use to improve their work. 

To access their social media accounts, while conforming to our social media policy. 

• We don’t want to restrict our employees’ access to websites of their choice, but we expect our 

employees to exercise good judgement and remain productive at work while using the internet. 

• Any use of our network and connection must follow our confidentiality and data protection policy. 

• Employees should: 



Prod 03/2017. Page | 41

o 

o 

o 

Keep their passwords secret at all times. 

Log into their corporate accounts only from safe devices. 

Use strong passwords to log into work-related websites and services. 

• Our employees mustn’t use our network to: 

o Download or upload obscene, offensive or illegal material. 

o Send confidential information to unauthorized recipients. 

o Invade another person’s privacy and sensitive information. 

o Download or upload movies, music and other copyrighted material and software. 

o Visit potentially dangerous websites that can compromise the safety of our network and 

computers. 

o Perform unauthorized or illegal actions, like hacking, fraud, buying/selling illegal goods 

and more. 

• We also advise our employees to be careful when downloading and opening/executing files and 

software. If they’re unsure if a file is safe, they should ask [their supervisor/ IT manager/ etc.] 

Deleted: 

• Our company may install anti-virus and disk encryption software on our company computers. 

Employees may not deactivate or configure settings and firewalls without managerial approval. 

• We won’t assume any responsibility if employee devices are infected by malicious software, or if 

their personal data are compromised as a result of inappropriate employee use. 

3.3.10 Company-issued equipment 

• We expect our employees to respect and protect our company’s equipment. “Company 

equipment” in this computer usage policy for employees includes company-issued phones, 

laptops, tablets and any other electronic equipment, and belongs to our company. 

• We advise our employees to lock their devices in their desks when they’re not using them. Our 

employees are responsible for their equipment whenever they take it out of their offices. 

3.3.11 Cyber Security 

• The more we rely on technology to collect, store and manage information, the more vulnerable 

we become too severe security breaches. Human errors, hacker attacks and system malfunctions 

could cause great financial damage and may jeopardize our company’s reputation. 

• For this reason, we have implemented a number of security measures. We have also prepared 

instructions that may help mitigate security risks. We have outlined both provisions in this policy. 

Deleted: 

FormaKed: Space Azer: 0 pt, Line spacing: single 

• This policy applies to all our employees, contractors, volunteers and anyone who has permanent 

or temporary access to our systems and hardware. 

• Policy Elements 

Confidential data is secret and valuable. Common examples are: 

o Unpublished financial information. 

o Data of customers/partners/vendors. 

o Patents, formulas or modern technologies. 

o Customer lists (existing and prospective). 



Prod 03/2017. Page | 42

• All employees are obliged to protect this data. In this policy, we will give our employees 

instructions on how to avoid security breaches. 

o Protect Personal and Company Devices 

o When employees use their digital devices to access company emails or accounts, they 

introduce security risk to our data. We advise our employees to keep both their personal 

and company-issued computer, tablet and cell phone secure. They can do this if they: 

o 

o 

o 

o 

o 

Keep all devices password protected. 

Choose and upgrade a complete antivirus software. 

Ensure they do not leave their devices exposed or unattended. 

Install security updates of browsers and systems monthly or as soon as updates are 

available. 

Log into company accounts and systems through secure and private networks only. 

• We also advise our employees to avoid accessing internal systems and accounts from other 

people’s devices or lending their own devices to others. 

• When new hires receive company-issued equipment the equipment received should be set 

up by Office Manager or IT support and ensure that: 

o 

o 

o 

o 

Egnyte Connect is set up 

AEM software installed 

Bitdefender anti-virus is installed and updated. 

Mimecast plugin is set up 

They should follow instructions to protect their devices and refer to our [Security Specialists/ 

Network Engineers] if they have any questions. 

3.3.12 Transfer Data Securely 

• Transferring data introduces security risk. Employees must: 

o 

o 

o 

o 

Avoid transferring sensitive data (e.g. customer information, employee records) to other 

devices or accounts unless absolutely necessary. When mass transfer of such data is 

needed, we request employees to ask our [Security Specialists] for help. 

Share confidential data over the company network/ system and not over public Wi-Fi or 

private connection. 

Ensure that the recipients of the data are properly authorized people or organizations and 

have adequate security policies. 

Report scams, privacy breaches and hacking attempts 

• Our IT Specialists/ Network Engineers need to know about scams, breaches and malware so they 

can better protect our infrastructure. For this reason, we advise our employees to report 

perceived attacks, suspicious emails or phishing attempts as soon as possible to our specialists. 

Our IT Specialists/ Network Engineers must investigate promptly, resolve the issue and send a 

companywide alert when necessary. 

• Our Security Specialists are responsible for advising employees on how to detect scam emails. We 

encourage our employees to reach out to them with any questions or concerns. 

FormaKed: Space Azer: 0 pt, Line spacing: single 



Prod 03/2017. Page | 43

• Additional measures 

To reduce the likelihood of security breaches, we also instruct our employees to: 

Deleted: 

o 

o 

o 

o 

o 

o 

Turn off their screens and lock their devices when leaving their desks. 

Report stolen or damaged equipment as soon as possible to HR and our IT Department. 

Change all account passwords at once when a device is stolen. 

Report a perceived threat or possible security weakness in company systems. 

Refrain from downloading suspicious, unauthorized or illegal software on their company 

equipment. 

Avoid accessing suspicious websites. 

• We also expect our employees to comply with our social media and internet usage policy. 

o 

o 

o 

o 

o 

o 

Our Security Specialists/ Network Administrators should: 

Install firewalls, anti-malware software and access authentication systems. 

Arrange for security training to all employees. 

Inform employees regularly about new scam emails or viruses and ways to combat them. 

Investigate security breaches thoroughly. 

Follow this policies provisions as other employees do. 

Our company will have all physical and digital shields to protect information. 

3.3.13 Remote employees 

• Remote employees must follow this policy’s instructions too. Since they will be accessing our 

company’s accounts and systems from a distance, they are obliged to follow all data encryption, 

protection standards and settings, and ensure their private network is secure. We encourage 

them to seek advice from our IT Support team. 

Deleted: 

• We expect all our employees to always follow this policy and those who cause security breaches 

may face disciplinary action. 

• Everyone, from our customers and partners to our employees and contractors, should feel that 

their data is safe. The only way to gain their trust is to proactively protect our systems and 

databases. We can all contribute to this by being vigilant and keeping cyber security top of mind. 

3.3.14 Personal Use of Systems 

• We permit the incidental use of internet, Email and telephone systems to send personal Email, 

browse the internet and make personal telephone calls subject to certain conditions set out 

below. Personal use is a privilege and not a right. It must be neither abused nor overused and we 

reserve the right to withdraw our permission at any time. 

• The following conditions must be met for personal usage to continue: 

• Use must be minimal and take place substantially out of normal working hours; 

• Use must not interfere with business or office commitments; 

• Use must not commit us to any marginal costs; 

• Staff should be aware that personal use of our systems may be monitored (see below) and, where 

breaches are found, action may be taken under the Disciplinary Procedure. We reserve the right 



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to restrict or prevent access to certain telephone numbers or internet sites if we consider personal 

use to be excessive. 

3.3.15 Social Media 

• “Social media” refers to a variety of online communities like blogs, social networks, chat rooms 

and forums. This policy covers all of them. 

• We consider two different elements: using personal social media at work and representing our 

company through social media. 

o 

We allow employees to access their personal accounts at work. But, we expect them to 

act responsibly and ensure their productivity isn’t affected. Using social media excessively 

while at work can reduce efficiency and concentration. Whether employees are using 

their accounts for business or personal purposes, they may easily get side-tracked by the 

vast amount of available content. 

• We advise our employees to: 

o 

o 

o 

o 

Use their common sense. If employees neglect their job duties to spend time on social 

media, they decline in productivity will show on their performance reviews. 

Ensure others know that personal account or statements don’t represent our 

company. Employees shouldn’t state or imply that their personal opinions and 

content are authorized or endorsed by our company. We advise using a disclaimer 

such as “opinions are my own” to avoid misunderstandings. 

Avoid sharing intellectual property like trademarks on a personal account without 

approval. Confidentiality policies and laws always apply. 

Avoid any defamatory, offensive or derogatory content. It may be considered as a 

violation of our company’s anti-harassment policy, if directed towards colleagues, 

clients or partners. 

• Representing our company: Some employees represent our company by handling corporate 

social media accounts or speak on our company’s behalf. We expect them to act carefully and 

responsibly to protect our company’s image and reputation. Employees should: 

o Be respectful, polite and patient, when engaging in conversations on our company’s 

behalf. They should be extra careful when making declarations or promises towards 

customers and stakeholders. 

o Avoid speaking on matters outside their field of expertise when possible. Everyone 

should be careful not to answer questions or make statements that fall under 

somebody else’s responsibility 

o Follow our confidentiality policy and data protection policy and observe laws on 

copyright, trademarks, plagiarism and fair use 

o Inform their line manager when they’re about to share any major-impact content 

o Avoid deleting or ignoring comments for no reason. They should listen and reply to 

criticism. 

o Never post discriminatory, offensive or libellous content and commentary 

o Correct or remove any misleading or false content as quickly as possible 

• We will monitor all social media postings on our corporate account. 



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3.3.15 Monitoring of Use of Systems 

• Our systems enable us to monitor telephone, Email, voicemail, internet and other 

communications. For business reasons, and in order to carry out legal obligations in our role 

as an employer, use of our systems including the telephone and computer systems, and any 

personal use of them, is subject to continual monitoring. Monitoring is only carried out to the 

extent permitted or as required by law and as necessary and justifiable for business purposes. 

• We reserve the right to retrieve the contents of messages or check searches which have been 

made on the internet for the following purposes (this list is not exhaustive): 

• To monitor whether the use of the Email system or the internet is legitimate; 

• To find lost messages or to retrieve messages lost due to computer failure; 

• To assist in the investigation of wrongful acts; or 

• To comply with any legal obligation. 

3.3.16 Inappropriate Use of Equipment and Systems 

• Access is granted to the internet, telephones and other electronic systems for legitimate 

business purposes only. Incidental personal use is permissible provided it is in full compliance 

with our rules, policies and procedures. 

• Misuse or excessive use or abuse of our telephone or Email system, or inappropriate use of 

the internet in breach of this policy will be dealt with under our Disciplinary Procedure. Misuse 

of the internet can, in certain circumstances, constitute a criminal offence. In particular, 

misuse of the email system or inappropriate use of the internet by participating in online 

gambling or chain letters or by creating, viewing, accessing, transmitting or downloading any 

of the following material will amount to gross misconduct (this list is not exhaustive): 

• Pornographic material (that is, writing, pictures, films and video clips of a sexually explicit or 

arousing nature); 

• Offensive, obscene, or criminal material or material which is liable to cause embarrassment 

to us or to our clients or other business associates; 

• A false and defamatory statement about any person or organisation; 

• Material which is discriminatory, offensive, derogatory or may cause embarrassment to 

others; 

• Confidential information about us or any of our staff or clients (which you do not have 

authority to access); 

• Any other statement which is likely to create any liability (whether criminal or civil, and 

whether for you or us); or 

• Material in breach of copyright. Any such action will be treated very seriously and is likely to 

result in summary dismissal. 

• Where evidence of misuse is found we may undertake a more detailed investigation in 

accordance with our Disciplinary Procedure, involving the examination and disclosure of 

monitoring records to those nominated to undertake the investigation and any witnesses or 

managers involved in our Disciplinary Procedure. If necessary, such information may be 

handed to the police in connection with a criminal investigation. 

• This policy applies to all IT infrastructure deployed by TechStream, including servers, desktops, 

phones and mobiles; all information stored or communicated to, from or within the 



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TechStream network; covers all employees, consultants, contractors and all third parties with 

access to the TechStream network. 

o 

o 

o 

o 

o 

o 

o 

o 

o 

o 

o 

TechStream reserves the right to monitor all traffic traversing the network, including 

email and Internet usage. This includes traffic which could be considered to be private 

and/or confidential. 

The use of TechStream systems or company networking equipment for the access, 

storage, processing or distribution of inappropriate material is forbidden. This 

includes distribution by company email or personal email or by saving on common 

server with general access. Inappropriate material means, (but is not restricted to), 

pornography or any other content of a nature which is likely to offend, i.e. sexist, 

racist, ageist, religious, or radical political material. All Internet sites containing 

inappropriate material will be blocked. 

Personal usage of internet, email and TechStream phones (mobile or desk-based) 

should be kept to a minimum and where possible should be limited to outside core 

working hours, such as a lunch break. If you are unclear of what may be considered 

acceptable levels of personal email use, you should contact your Line Manager or HR. 

Do not download or install software from any source onto any TechStream system 

without agreement from a director. 

All business communication must be professional and courteous, and sent from a valid 

TechStream e-mail address. 

Suspect/problem/offensive e-mails must be reported to your line manager 

immediately, where possible without being opened (If you suspect it, report it – do 

not open it). 

The physical security of laptops (and other portable devices), is the end users’ 

responsibility at all times. 

Do not share usernames or passwords, or leave documented passwords in accessible 

places. If you do so, you may be held responsibility for any subsequent misuse. Noone 

may use anyone else’s username or password, even if they have given this to you. 

Facebook and other social networking sites should only be accessed for non-business 

reasons in an employee’s own time. 

Employees must not connect personal accounts and profiles to any TechStream pages 

or profiles on such sites. 

Employees must not use personal profiles, accounts, blogs or forums on any social 

networking site to make defamatory, derogatory, offensive or other similar comments 

or views about the TechStream (including any prospective clients, customers & 

competitors) 



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3.4 Social Functions 

In the event of functions and promotions where alcohol may be served, all employees are expected 

to at all times behave in a respectful manner. 

Employees attending social functions are responsible for ensuring that they do not contravene the 

traffic rules regarding “drinking and driving”. 

Employees whose behaviour during such events becomes offensive, cause an embarrassment to 

TechStream, fellow employees or guests, or whose conduct jeopardises the safety of such parties or 

members of the public as a result of excessive alcohol intake, shall be required to leave the event. 

3.5 Alcohol, Drugs and Substances Misuse Policy 

The Company has a duty to ensure, as far as is reasonably practicable, the health, safety and welfare 

of its employees as well as visitors to its premises and therefore has a zero-tolerance approach to 

substance abuse. 

Accordingly, the use, consumption or possession of drugs (which for the purposes of this Handbook 

includes cannabis or dagga) and/or being under the influence of illegal drugs during your working day 

or whilst representing the TechStream in any way, is strictly prohibited. Any breach of this rule will 

lead disciplinary action, which may lead to summary dismissal. 

The misuse of alcohol, drugs (which for the purposes of this policy includes cannabis or dagga) and 

substances can have serious consequences for employees, their work colleagues and families. This 

policy applies to all employees and outlines how we will deal with suspected alcohol, drug and 

substance misuse and wherever possible provide support to employees who declare a problem 

related to alcohol, drugs or substances. 

For the purpose of this policy misuse is defined as the consumption of alcohol, drugs or substances, 

other than drugs prescribed as medication, to the extent that it affects an employee’s work 

performance, behaviour, attendance, or the safety of themselves and work colleagues. 

Misuse of alcohol, drugs and substances can have a number of adverse effects: 

• loss of productivity and poor performance 

• lateness and absenteeism 

• safety concerns 

• team morale and employee relations 

• bad behaviour or poor discipline 

• Company image and customer relations 

Both employees and employers share the responsibility for ensuring that the workplace is a safe 

environment, and the OHS Act underpins these efforts. Intoxication is one of the major considerations 

laid out by the Act, which states that employers may not permit any person who is or appears to be 

under the influence of alcohol or drugs to enter or remain at the workplace. Employees are further 

not permitted to be under the influence, be in the possession of, partake in or offer other employees 



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any drugs or alcohol at the workplace. Whilst we recognise that recently the Constitutional Court 

decision in Minister of Justice and Constitutional Development and Others v Prince and Others 2018 

(10) BCLR 1220 (CC) has specified that the consumption of dagga, limited to private personal use, is 

no longer a criminal offence, please note that this judgment does not apply to the “workplace” and 

certainly does not amend the OHS Act. Employees are therefore not, by law, allowed to use, consume 

or have dagga in their possession during working hours and whilst at TechStreams “workplace” which 

includes clients premises. 

Our rules 

• employees must not consume or be under the influence of alcohol, drugs or substances, other 

than drugs prescribed as medication, during working time or rest breaks 

• Employees who are clearly under the influence of alcohol, the effects of alcohol or illegal 

substances will be required to leave the office. This time will not be paid. 

• where there is a legitimate reason to provide alcohol for a particular occasion on the employer’s 

premises this must be authorised by the Regional Director 

• the use, possession or sale of controlled drugs during working time is prohibited 

• employees representing their employer at business related events outside normal working 

hours are expected to behave responsibly with regard to the consumption of alcohol 

In addition, employees who drive for work must: 

• never drive while under the influence of alcohol, drugs or substances 

• make arrangements so they do not need to drive if they know they will be drinking alcohol 

• avoid drinking alcohol at lunchtime, especially if they know they will be driving later 

• be aware that they may still be over the limit, or affected by alcohol the morning after they have 

been drinking 

• be aware that prescription drugs or over-the-counter medicines can affect driving and can cause 

sleepiness 

• report drug and alcohol problems, including cautions, summonses or convictions for alcohol or 

drug-related offences, to their manager 

• co-operate with monitoring, reporting and investigation procedures 

Disciplinary action 

Any suspected breach of these rules will be subjected to investigation under the Company’s 

Disciplinary Procedure. Serious breaches will be considered as gross misconduct and may lead to 

dismissal. 

Prescribed drugs 

Employees should continue to take drugs prescribed by their GP, or bought over the counter. Where 

it is reasonable to believe that such drugs may have an effect on their performance they should pass 

this information to their manager. Where this puts an employee or work colleagues at risk it may be 

necessary to make appropriate changes to the working arrangements. 



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Help and Support 

The Company will assist any employee suffering from the effects of alcohol, drugs or substance misuse 

in the same way as it would treat any other medical condition. Support and assistance will be provided 

where appropriate with the aim that the employee will be able to return to acceptable levels of work 

performance, behaviour, and attendance. 

Where counselling and assistance has failed to result in satisfactory performance the matter will be 

dealt with under the Company’s Disciplinary Procedure as appropriate. In the event that an employee 

with an alcohol, drugs or substance related problem that impairs their conduct or work performance 

refuses assistance, the matter will be dealt with under the Company’s Disciplinary Procedure. 

Confidentiality 

The Company will respect the confidentiality and privacy of any employee affected by a problem 

related to alcohol, drugs or substances. No sensitive information will be shared without an employee’s 

prior consent. 

Testing & screening 

In order to enforce this policy, the employee hereby provides consent and agrees that the Company 

may arrange for testing of employees for drugs, alcohol and substances in the following situations: 

• after an incident in which the presence of controlled drugs or excessive alcohol is reasonably 

suspected to have been a contributory factor 

• when a manager has reasonable grounds for believing an employee has taken controlled drugs 

or excessive alcohol and their work performance is affected 

• when a manager has reasonable grounds for believing an employee has taken controlled drugs 

or excessive alcohol and the safety of the employee, work colleagues, or third parties could be 

affected 

Wherever possible, the least intrusive forms of testing practicable will be used. All testing will be 

subject to a ‘chain of custody’ procedure to ensure that: 

• samples are actually provided by the employee being screened 

• samples cannot be tampered with 

• results of tests are accurate and reliable 

Circumstantial Evidence 

Circumstantial evidence, such as bloodshot eyes, slurred speech, the smell of alcohol on the breath, 

unsteadiness on his feet, dishevelled appearance, aggressive or abusive or arrogant or out of character 

behaviour, and the inability to walk a 10 metre straight line with the arms held out horizontally will be 

taken into account when disciplinary action is being taken. 



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Mandatory Drug Testing 

Where clients of TechStream operate compulsory drug testing policies on their sites, our employees 

will be required to co-operate fully with random unannounced drug screening arrangements. In 

addition, drug tests will be carried out where there is a reasonable belief that drug taking has occurred 

or when an employee is believed to be under the influence of drugs during working hours. 

In the event of any employee refusing such screening or testing, an inference will be drawn from this 

which may result in disciplinary action. Any evidence of drug use will be regarded as gross misconduct 

and disciplinary action will be taken which may result in dismissal. 

3.6 HIV/AIDS 

Employees who have contracted HIV/AIDS related illnesses will be treated in the same manner as any 

other chronic illness. This will be dealt with in a confidential manner and assistance will be offered to 

help them cope with their illness 

An employee will not be removed from their position as long as medical opinion suggests they can still 

perform their duties. 

Employees are under no obligation to inform management of their HIV status, however the employee 

is encouraged to do so thereby allowing Senior Management to facilitate effective forms of medical 

care and perform impact analyses that may need to be conducted by TechStream. 

Should the employee inform management, strict confidentiality will be maintained, the relevant 

manager will review the employees work situation once permission for the relevant medical history 

has been granted. 

Should the employee become too ill to work the procedures for incapacity due to ill health should be 

followed. 

3.7 Sexual Harassment 

Sexual Harassment is unwanted conduct of a sexual nature. Sexual attention becomes sexual 

harassment if the behaviour is persisted in and/or the recipient has made it clear that the behaviour 

is considered offensive and/or the perpetrator should have known that their behaviour is regarded as 

unacceptable. 

Sexual Harassment can include, unwanted physical conduct of a sexual nature, verbal, non-verbal or 

the use of one’s position in the company to influence the process of employment in exchange for 

sexual favours. 

TechStream will create and maintain an environment where the dignity of employees is respected. 

All individuals who have dealings with the business have the right to be treated with dignity. 

Sexual Harassment within the workplace will not be condoned and should this occur those who have 

been subjected to sexual harassment have the right to raise a grievance about this. 

Management will implement this policy and take disciplinary action against employees who do not 

comply with this policy, any forms of sexual harassment should be raised in the form of a grievance to 



Prod 03/2017. Page | 51

the employee’s immediate superior. All allegation of sexual harassment will be dealt with; however, 

all employees will be protected from false accusations. 

Advice and assistance will be offered to any individual affected by sexual harassment. As far as possible 

the business will designate a person outside of the line of management whom victims can approach 

for confidential advice. 

Once a case of sexual harassment is raised there will be an investigation and if necessary disciplinary 

action. During this investigation, care will be taken to ensure the position of both parties is not 

disadvantaged until the outcome of the investigation. 

The identities of the persons involved will be kept confidential, only appropriate members of 

management as well as the aggrieved person, representative, alleged perpetrator, witnesses and 

interpreter if required, must be present in the disciplinary enquiry 



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3.8 Anti-Bribery & Corruption Policy 

We take a zero-tolerance approach to bribery and corruption and will uphold all laws relevant to 

countering bribery and corruption in all the jurisdictions in which we operate. 

Corruption Action Plan 

As an organisation, we remain committed to abiding by the anti-bribery laws of all the jurisdictions in 

which we operate, including but not limited to the US Foreign Corrupt Practices and the UK Bribery 

Act 2010 (the "Act"), as well as guidance and the Laws of the Republic of South Africa. 

The purpose of this policy is to: (a) set out our responsibilities in observing and upholding our policy 

on bribery and corruption; and (b) provide information and guidance to our employees on how to 

recognise and deal with bribery and corruption issues. 

Bribery and corruption harm legitimate business activities and are serious criminal offences. For 

example, under the Act, bribery and corruption are punishable for individuals by up to ten years' 

imprisonment. Organisations which are subject to the Act and which have committed an offence 

under the Act could face an unlimited fine, be excluded from tendering for public contracts, and face 

damage to their reputation. We therefore take our legal responsibilities very seriously. 

Who is covered by the policy 

This policy applies directly to our members and to all individuals working in our company as employees 

or agents. The policy is provided to our other partners, customers and clients, who will be required to 

take reasonable steps to ensure that in carrying out activities supported by the company, they and 

their employees, directors and associates comply, with all applicable anti-bribery and anti-corruption 

laws. In this policy, "third party" means any individual or organisation we come into contact with 

during the course of your role. 

What is bribery and corruption? 

A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, 

contractual, regulatory or personal advantage. 

Corruption is the misuse of public office or power for private gain or the misuse of private power in 

relation to business outside the realm of government. 

Acts of bribery or corruption are intended to influence an individual in the performance of their work 

to act dishonestly and/or improperly. The person being bribed is usually someone who can obtain, 

retain or direct business for example during a tender or contracting process or it may be through the 

handling of administrative tasks or customs matters. 3.4 A bribe can take many forms, for example, a 

direct or indirect promise or offer of something of value, the offer or receipt of a kickback, fee, reward 

or other advantage, the giving of aid, donations or voting designed to exert improper influence. 

Those engaged in bribery and corruption can include an employee, officer or director, any person 

acting on behalf of the Institute i.e. our agents, individuals or organisations who authorise someone 

else to carry out these acts, Government or public officials whether foreign or domestic. 



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Gifts and hospitality 

This policy does not prohibit gifts, entertainment, hospitality or other promotional expenditures (given 

and received) to or from third parties which are proportionate, transparent, reasonable and for bona 

fide purposes related to the aims and objectives of the Institute. 

The giving or receipt of gifts is not prohibited if all of the following requirements are met: 

(a) it is not made with the intention of influencing a third party to obtain or retain business or a 

business advantage, or to reward the provision or retention of business or a business advantage, or in 

explicit or implicit exchange for favours or benefits; 

(b) it complies with local law; 

(c) it is given in our name, not in your name; 

(d) it does not include cash or a cash equivalent (such as gift certificates or vouchers); 

(e) it is appropriate in the circumstances. For example, it is given as a ceremonial gift on a festival or 

at another special time (e.g. Christmas); 

(f) taking into account the reason for the gift, it is of an appropriate type and value and given at an 

appropriate time; 

(g) it is given openly, not secretly; and 

(h) gifts should not be offered to, or accepted from, government officials or representatives, or 

politicians or political parties, without the prior approval of the Senior Management Committee. 

We appreciate that the practice of giving business gifts varies between countries and regions and what 

may be normal and acceptable in one region may not be in another. The test to be applied is whether 

in all the circumstances the gift or hospitality is reasonable and justifiable. The intention behind the 

gift should always be considered. 

Gifts to a value of more than R 250.00 per event, per person (or of comparable value in a different 

country) * should not be given or offered (to or from a single source on a single occasion) unless they 

have the written approval of a member of the Senior Management Committee. 

All gifts and hospitality to a value of more than R 250.00 per event, per person (or of comparable value 

in a different country) accepted or offered by any employee should be entered on the register of gifts. 

Any approval required by the above policies relating to a member of the Senior Management 

Committee must be provided by the Managing Partner. 

What is not acceptable? 

It is not acceptable for you (or someone on your behalf) to: 

(a) give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope or that 

this will influence the decision-making of the Institute or that a business advantage will be received, 

or to reward a business advantage already given; or 

b) give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or 

representative to "facilitate" or expedite a routine procedure; or 

(c) accept payment from a third party that you know or suspect is offered with the expectation that 

the Company’s decision making will be influenced in any way and that it will obtain a business 

advantage for them; or 



Prod 03/2017. Page | 54

(d) accept a gift or hospitality from a third party if you know or suspect that it is offered or provided 

with an expectation that the Company’s decision making will be influenced in any way and that a 

business advantage will be provided by us in return; or 

(e) threaten or retaliate against another worker who has refused to commit a bribery offence or who 

has raised concerns under this policy; or 

(f) engage in any activity that might lead to a breach of this policy. 

Facilitation payments 

We do not make, and will not accept, facilitation payments or "kickbacks" of any kind. Facilitation 

payments are typically small, unofficial payments made to secure or expedite a routine government 

action by a government official 

If you are asked to make a payment on our behalf, you should always be mindful of what the payment 

is for and whether the amount requested is proportionate to the goods or services provided. You 

should always ask for a receipt which details the reason for the payment. If you have any suspicions, 

concerns or queries regarding a payment, you should raise these with the Senior Management 

Committee. 

If such a payment is extorted or forced under duress or because of a threat to personal safety then 

the payment may be made provided that Senior Management Committee is promptly informed, a 

written report submitted, and the payment recorded in the Company’s financial records. 

Kickbacks are typically payments made in return for a business favour or advantage. All our partners, 

clients and suppliers must avoid any activity that might lead to, or suggest, that a facilitation payment 

or kickback will be made or accepted by us. 

Your responsibilities 

You must ensure that you read, understand and comply with this policy. The prevention, detection 

and reporting of bribery and other forms of corruption are the responsibility of all those working for 

the Institute or under our control. You are required to avoid any activity that might lead to, or suggest, 

a breach of this policy. 

You must notify your line manager as soon as possible if you believe or suspect that a conflict with this 

policy has occurred, or may occur in the future. For example, if a partner, supplier or client offers you 

something to gain an advantage with us, or indicates to you that a gift or payment is required to secure 

their co-operation with Company supported activities. 

Any employee who breaches this policy will face disciplinary action, which could result in dismissal for 

gross misconduct. We reserve our right to terminate our contractual relationship with our partners, 

clients and suppliers if they breach this policy 

Record-keeping 

We must keep financial records and have appropriate internal controls in place which will evidence 

the business reason for making payments to third parties. 



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You must declare and keep a written record of all hospitality or gifts to a value of more than R250.00 

per event, per person (or of comparable value in a different country) accepted or offered on the gifts 

register, which will be subject to managerial review. 

You must ensure all expenses claims relating to hospitality, gifts or expenses incurred to third parties 

are submitted in accordance with our expenses policy and specifically record the reason for the 

expenditure. 

All accounts, invoices, memoranda and other documents and records relating to dealings with third 

parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict 

accuracy and completeness. No accounts must be kept "off-book" to facilitate or conceal improper 

payments. 

How to raise a concern You are encouraged to raise concerns about any issue or suspicion of 

malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery 

or corruption, or if you have any other queries, these should be raised with any member of the Senior 

Management Committee. Concerns should be reported as a protected disclosure to the Senior 

Management Committee Statutory protection of whistle blowers may be afforded under local law. 

Protection 

Employees who refuse to accept or offer a bribe, or those who raise concerns or report another's 

wrongdoing, are sometimes worried about possible repercussions. We aim to encourage openness 

and will support anyone who raises genuine concerns in good faith under this policy, even if they turn 

out to be mistaken. 

We are committed to ensuring no one suffers any detrimental treatment as a result of refusing to take 

part in bribery or corruption, or because of reporting in good faith their suspicion that an actual or 

potential bribery or other corruption offence has taken place, or may take place in the future. 

Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment 

connected with raising a concern. If you believe that you have suffered any such treatment, you should 

inform the Managing Partner or a member of the Senior Management Committee immediately. 

Training and communication 

All employees will receive relevant training on how to implement and adhere to this policy. 

Our zero-tolerance approach to bribery and corruption will be communicated to all partners, grant 

recipients, associates, suppliers, and contractors at the outset of our relationship with them and as 

appropriate thereafter. 

Who is responsible for the policy? 

The Senior Management Committee of the Company has overall responsibility for ensuring this policy 

complies with our legal and ethical obligations, and that all those under our control comply with it. 

Senior Management Committee, has primary and day-to-day responsibility for implementing this 

policy and for monitoring its use and effectiveness and dealing with any queries on its interpretation. 



Prod 03/2017. Page | 56

Management at all levels are responsible for ensuring those reporting to them are made aware of and 

understand this policy and are given adequate and regular training on it. 

Risk, assessment, monitoring, and review 

As part of its annual risk assessment process the Senior Management Committee of the Company will 

monitor the effectiveness and review the implementation of this policy, considering its suitability, 

adequacy and effectiveness. They will carry out regular audits of our control systems and procedures 

to provide assurance that they are effective in countering bribery and corruption. 

All employees are responsible for the success of this policy and should ensure they use it to disclose 

any suspected danger or wrongdoing. 

This policy does not form part of any employee's contract of employment and it may be amended at 

any time. *In deciding whether a gift is of comparable value, the relevant employee should consider 

all surrounding circumstances including, but not limited to, the average income in the location where 

the recipient of the gift is based. This Policy applies to all employees of TechStream at all times. 

3.9 Health & Safety Policy 

This policy: 

• shows the commitment of TechStream’s management and workers to health and safety 

• aims to remove or reduce the risks to the health, safety and welfare of all workers, contractors 

and visitors, and anyone else who may be affected by our business operations 

• aims to ensure all work activities are done safely. 

Responsibilities 

Management will provide and maintain as far as possible: 

• a safe working environment 

• safe systems of work 

• a commitment to consult and co-operate with workers in all matters relating to health and 

safety in the workplace 



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Each worker has an obligation to: 

• comply with safe work practices, with the intent of avoiding injury to themselves and others 

and damage to the office environment. 

• take reasonable care of the health and safety of themselves and others 

• comply with any direction given by management for health and safety 

• not misuse or interfere with anything provided for health and safety 

• report all accidents and incidents on the job immediately, no matter how trivial 

• report all known or observed hazards to their supervisor or manager. 

Implementation of Policy 

Information: 

• The Managing Partner will ensure that all employees have access to the Health and Safety 

Policy. Each employee will be given a copy of the general policy on commencement of his 

or her employment. 

• Also, all employees should know where the first-aid kit is located, have a copy of the 

emergency plan and be trained on the emergency plan and evacuation procedures. 

Risk assessment: 

• It will be undertaken for all members of staff, work activities and systems annually. It 

consists in identifying the hazards; identifying who might be harmed and how; evaluating 

the risks from identified hazards. 

• If there are no hazards, there are no risks. Where risks are already controlled in some way, 

the effectiveness of those controls needs to be considered when assessing the extent of the 

risk that remains. 

• The results of the risk assessments will be recorded in writing, and safety procedures 

adjusted to ensure adequate levels of health safety and welfare. 



Prod 03/2017. Page | 58

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