Disciplinary measures

Disciplinary measures against staff serve two purposes: to educate the employee at fault and to deter colleagues who might be tempted to follow that bad example.

Before imposing any disciplinary action, the employer is required to issue a written request for an explanation, allowing a minimum of 48 hours for a response.

If the employee is unable to write, they may attend in person, accompanied by a staff representative, to give their version of events orally.

 In Mali, the following sanctions apply

A verbal warning (first degree)

This is applied to occasional minor offences. It must be issued in the presence of a staff representative or another employee acting as a witness.

The verbal warning will primarily concern the following offences 

• Unexcused lateness,
• Unexcused absence during working hours,
• Unjustified delay in carrying out assigned tasks,
• Failure to maintain tools, equipment and work premises…

A written warning (2nd level)

• Applies to minor offences committed repeatedly.
• Misconduct previously sanctioned by a verbal warning within the last 6 months,
• Refusal to cooperate with colleagues,
• Absence from work for one day without authorisation,
• Rude remarks towards managers, customers and partners,
• Receiving private visitors during working hours…

Suspension for 1 to 3 days (1st degree)

Imposed when, due to the circumstances, the offence is of a more serious nature. This includes, in particular, 

• Conduct having resulted in two warnings (written or verbal) in the last six months,
• Absence from work for more than one day,
• Disrespect towards managers, clients and partners,
• Gross negligence in the performance of duties,
• Solicitation of bribes or tips…

Suspension for 4 to 8 days (2nd degree)

Imposed where, due to the circumstances, the offence is of a more serious nature. This includes, in particular, 

•   Conduct having resulted in two warnings (written or verbal) in the last six months,
•   Absence from work for more than one day,
•   Disrespect towards managers, customers and partners,
•   Gross negligence in the performance of duties,
•   Solicitation of bribes or tips…

Dismissal for serious misconduct (first degree)

Dismissal with entitlement to severance pay is considered when an employee commits serious misconduct as determined by the circumstances of the business.

The seriousness of the offence is assessed by the damage caused to the employer’s business and reputation. Examples include

• Misconduct for which the employee has already been suspended within the last 12 months,
• Insubordination, including a refusal to work overtime or carry out assignments,
• Serious verbal abuse directed at a customer or a colleague,
• Absence from work for more than three (3) days,
• Falsification of accounts and reports,
• Inciting workers to disobey orders,
• Unjustified extension of leave or time off…

Note: Dismissal without notice may be applied in the event of gross misconduct on the part of the employee. Gross misconduct differs from serious misconduct in that it is exceptionally serious. In such cases, only accrued entitlements are payable (salary for the period worked, unused leave, employment certificate).

Dismissal for gross misconduct (2nd degree)

Dismissal with entitlement to benefits is considered when the employee commits a serious offence in the context of the company’s circumstances.

The severity is gauged by the damage caused to the employer’s business and reputation. Examples include

• Misconduct already penalised by a suspension within the last 12 months,
• Insubordination, including a refusal to work overtime or carry out assignments,
• Serious verbal abuse directed at a customer or a colleague,
• Absence from work for more than three (3) days,
• Falsification of accounts and reports,
• Inciting employees to disobey orders,
• Unjustified extension of leave or time off…

Note: Dismissal without notice may be applied in the event of gross misconduct on the part of the employee. Gross misconduct differs from serious misconduct in that it is exceptionally serious. In such cases, only accrued entitlements are payable (salary for the period worked, unused leave, employment certificate).

 

Cases and application elsewhere 

Disciplinary action: must the employer warn the employee before taking action?

The employer is under no obligation to warn the employee of the disciplinary consequences of their behaviour.

The absence of a warning does not call into question the justification for dismissal. In the event of a dispute, the courts assess the seriousness of the misconduct alleged by the employer.

In this regard, the absence of a warning is not sufficient grounds to rule that a dismissal is without real and serious cause.

It is for the courts to assess the reality and seriousness of the allegations made, and not the employer’s decision to dismiss the employee.