INTERNATIONAL TRADE ZONE ACT, 1995

PART VI
DISCIPLINARY PROCEEDINGS

33.(1) A disciplinary offence listed in Part 1 of Schedule 2 is a minor disciplinary offence.

(2) Any-

(a) disciplinary offence listed in Part II of Schedule 2; and

(b) minor disciplinary offence which is preceded by 2 or more disciplinary offences, whether of the same nature or not, in respect of which some disciplinary measure has been taken, is a serious disciplinary offence.

(3) Where a minor disciplinary offence is not followed by another minor disciplinary offence within 12 months of its commission, that offence is deemed not to have been committed and is discounted for the purposes of subregulation (2).

34. (1) No disciplinary measure shall be taken against a worker for a disciplinary offence unless there has been an investigation of the alleged offence or, where the act or omission constituting the offence is self-evident, unless the worker is given the opportunity of explaining the act or omission.

(2) Where the disciplinary offence relates to a serious disciplinary offence, the worker shall be informed in writing with copy to the Authority and the Union, if any, of the nature of the offence as soon as possible after it is alleged to have been committed and of the suspension of the worker, where the employer deems suspension to be necessary as a precautionary measure or for investigative purposes.

(3) The employer shall ensure that the investigation pursuant to subregulation (1), even where it consists in no more than requiring an explanation for a self-evident act or omission, is conducted fairly and that the worker has, if the worker so wishes, the assistance of a colleague or a representative of the Union, if any, and such witnesses as the worker may wish to call.

(4) Where a disciplinary offence is established, the employer shall decide on the disciplinary measure to be taken and, where such measure is termination without notice, shall inform the worker of the disciplinary measure in writing with copy to the Authority and the Union, if any.

(5) A worker aggrieved by a disciplinary measure taken against the worker may initiate the grievance procedure and under that procedure the burden of proving the disciplinary offence lies on the employer.

(6) In subregulation (3) "representative of the Union" means a person nominated by the Union.

35. (1) If while a disciplinary offence is being investigated under regulation 34, a criminal proceeding is instituted against the worker in respect of the same offence, the investigation shall be suspended pending the outcome of the criminal proceeding.

(2) Where the criminal proceeding results in a conviction, the disciplinary offence is deemed to have been proved and disciplinary measures may be taken accordingly.

(3) Where the criminal proceeding results in an acquittal, disciplinary proceedings may nevertheless be instituted or continued against the worker provided they relate to some charge other than that on which the worker was acquitted.

(4) Nothing in this regulation is to be read as preventing a disciplinary measure from having effect subject to regulation 34 (5), whatever the outcome of a criminal proceeding, where the disciplinary measure is taken before the institution of the criminal proceeding.

36. Upon proof of a disciplinary offence, the employer may take any one or more of the disciplinary measures listed in Part III of Schedule 2, but upon the grievance procedure being initiated under regulation 34(5), the Authority may review such disciplinary measure and substitute another or none as the Authority deems fit.

37.(1) When investigating a serious disciplinary offence, the employer may suspend a worker without pay —

(a) pending the investigation but for no longer than 1 month,

(b) where the investigation is discontinued under regulation 35(1), pending the outcome of the trial.

(2) Where a worker who has been suspended under subregulation (1) is reinstated, the worker is entitled to payment for the period of suspension.

(3) A worker who is suspended under subregulation (1) may terminate a contract of employment of the worker without notice.