How To Chair A Disciplinary Hearing In South Africa

The role each is to play.

How to chair a disciplinary hearing in south africa. The chairperson will consider all the evidence led at the disciplinary hearing by both parties. This guide to assist a chairperson at a disciplinary enquiry steers employers through the issues they need. At a minimum the following parties should be present. Record receipt of a copy of the notice of disciplinary hearing.

Disciplinary hearings carry significant weight. As well as a thorough investigation a proper disciplinary hearing will be key to a fair misconduct dismissal. The chairman complainant accused employee the employee s representative and interpreter if required. It is therefore essential that anyone tasked with chairing a disciplinary hearing ensures that the hearing is conducted in an equitable manner.

1 2 the principles of applying discipline in the organisation. Based on that evidence he will decide on the balance of. A disciplinary hearing can be formal or informal but it is essential that the employer can prove that the hearing was held. During the disciplinary hearing.

Labour guide your guide to labour law in south africa. In order to establish the conduct employers expect from their employees in the workplace all employers must adopt disciplinary procedures according to the code of good practice schedule 8 3 1 these rules must be consistent and in larger businesses disciplinary processes are expected to be more formalised in terms of disciplinary hearings. The chairperson of the hearing should be an objective. The chairman could save time by recording the following details in advance of the commencement of proceedings.

The names of the participants. 1 1 the importance of a disciplinary code of conduct a disciplinary code provides guidelines in which a manager can apply discipline in the organisation. Therefore we advise employers to have a formal hearing as the employer can then ensure that all the paperwork is in order if the matter proceeds to the commission for conciliation mediation and arbitration ccma. Golegal is a leading industry news and information portal for the south african legal sector catering to attorneys corporate counsel legal scholars policy makers and other corporate and legal interest groups.

The disciplinary hearing should be held at the company s premises during working hours. Chairing a disciplinary hearing. Employers should not be blind to the fact that labour disputes and other labour problems despite the apparent simplicity thereof are legal matters which require legal advice and an employer should therefore not hesitate to acquire the services of. The date time and venue of the hearing.