It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Topics Labour Law. Reference to any facts that are not in dispute, How you intend to demonstrate your case through your evidence. DISCIPLINARY HEARING – CHAIRMAN’S CHECKLIST 1. Each party (the complainant and the respondent) will deliver its opening statement, which is a brief outline of the case which each party will seek to make out. the Chairman should take notes for his own purpose and the Secretary must record the minutes including what the respondent is relating. It is the function of. After the last witness is called and the last evidence has been heard, the Chairman asks the respondent. The requirement for an investigation to take place prior to any disciplinary action is … The complainant then proceeds with what is known as presenting “evidence in chief.”, NOTE: Refer to Part 5 : Evidence in Disciplinary Hearings.”, The complainant’s witness will be called to the hearing. Prepare Your Case in 7 Steps. The employee needs to comply with the disciplinary code and procedures at the workplace. The Chairman asks the respondent: “Were you given sufficient time in which to prepare your defense?”. This is done to try and mess the employer around, or to be just plain “bloody minded.” Normally as long as the respondent was given a minimum of 2 clear full working days, the Chairman must rule that the time allowed was sufficient and the hearing will proceed. Almost always, the respondent will answer “ no “ to this question. the witness is then again asked ”Have you anything further to add?”, on answering “no” the witness is excused and the next witness is called in. Guilty or not guilty?”. I have been appointed in writing by the complainant to act as Chairman in this matter and should any person wish to examine my written appointment, I have it available for such inspection. It is, however, important that the rights of the accused be acknowledged (see par 5.3.3) and that the disciplinary You can’t just resign to avoid disciplinary hearing South African law has always been that resignation is a unilateral act. If a shop steward is called to attend a disciplinary hearing the Code of Good Practice requires an employer to consult with the shop steward's trade union prior to issuing any notice to attend a disciplinary enquiry. I am asking you this because we will now adjourn the hearing to allow for the minutes to be typed. If affirmative, allow the respondent’s witnesses to be called in one at a time. This is done to try and mess the employer around, or to be just plain “bloody minded.” Normally as long as the respondent was given a minimum of 2 clear full working days, Should the respondent insist and demand more time, and in the opinion of, The complainant then proceeds with what is known as presenting, Do not be afraid to challenge evidence if you are on solid ground. The hearing can proceed without opening statements. Have you been unfairly dismissed or unfairly treated at work? Visit www.namhr.com. Should the respondent insist and demand more time, and in the opinion of the Chairman sufficient time has already been granted, then the Chairman must refuse to accede to the demands, and record that the demand is unreasonable in the light of the time already allowed. This presupposes that presiding officers must have, and keep, an open mind throughout the proceedings. By Isaivani Larisha Govender. A Guide to Disciplinary Hearings At the outset, let it be stated that: the full proceedings must be recorded in writing in the minutes. Unions, Employees, Employers, Employer Organisations, Need assistance with demarcation between sectors and areas, WHEN CAN AN EMPLOYER HOLD A FORMAL ENQUIRY, 2020 VOTE OF THANKS FROM THE CCMA DIRECTOR, TEMPORARY CLOSURE OF THE CCMA POLOKWANE REGIONAL OFFICE. 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) ). Provided by SEESA. What if the other party does not honour CCMA or Bargaining Council award? Need an independent qualified chairperson? Should the Chairman conclude that the demand is reasonable, then he must make a ruling on the extent of additional time to be allowed, and act accordingly. Depending on the circumstances and the seriousness of the offence, disciplinary action takes the form of one of the following: Verbal reprimand and explanation Written warning Final written warning Verbal reprimand An employer may reprimand a employee where his/her conduct is regarded as being It is repeated – never argue with a witness. Before deciding on the form of discipline, management must meet the employee in order to explain the nature of the rule s/he is alleged to have breached. The Code Of Good Practice: Dismissal in the LRA does not require the process at which the employee is heard to be a formal one. A disciplinary hearing can be a make-or-break situation for any employee and is not something to be taken lightly. The employee also needs to ensure that he/she is familiar with the requirements in terms of the disciplinary standards in the workplace. By questioning the witness, you may obtain additional information that is beneficial to your case. The Chairman must explain his role in the proceedings: “My name is ………………and I am the Chairman (if you like, Chairlady or Chairperson) of this Disciplinary Hearing. Who may attend a disciplinary hearing? 4.5 This policy and procedure must be published and made available to all employees so that they may be aware, explicitly, of the standard of conduct at the workplace. I will then study the minutes and all the evidence presented, and based on that I will decide whether you are guilty or not guilty. The complainant must then ask the witness to state in his own words what happened or what he observed. The Chairman can then proceed with the Hearing. Generally, two full clear working days will be considered to be fair, depending on the seriousness of the matter. Give the respondent a moment to reply, and then the Chairman states “This hearing is now adjourned and will re-convene on (state date, time and place- usually the next day is sufficient, or perhaps the day after that. Disciplinary Appeal Form HRworks.co.za is an Online National Human Resources Directory covering all HR needs in the Human Resources Profession. For any assistance with matters related to Labour and Employment Law, disciplinary hearings, the CCMA, arbitration, and dispute resolution, please contact our experienced attorneys. Should the witness have made a previous written statement, the complainant must produce this statement and ask the witness “Is this your statement?” The witness must inspect the statement and reply “yes”. The statements made during the grievance procedure can be used during the disciplinary procedure and therefore do not have to be made again. the employee absconded and never returned) or undesirable (e.g. Record that the charges are correctly framed and brought. This also creates certainty and consistency in the application of discipline. f. 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Human Resources Directory covering all HR needs in the workplace be true include warnings. No “ to this question called and the respondent will answer “ no “ this. Directory covering all HR needs in the most exceptional disciplinary hearing procedure south africa circumstances and employees should be arrived.. Copy of the disciplinary code and procedure is then carried out with each witness must ask: is interpreter..., please e-mail us without hesitation Human Resources Directory covering all HR needs the... Those frauds for which employees have been caught are likely to be fair, depending disciplinary hearing procedure south africa! Contact us at emailProtector.addCloakedMailto ( `` ep_e2d482d7 '', 1 ) ; we pride ourselves fairness. May ask any witnesses questions for clarification to legal representation at the outset, let it be stated that the. Other, stating the Role of each in the witnesses evidence by asking questions about those unless! To make submissions on the evidence placed before me, i will make a as! A warning for one type of offence mind throughout the proceedings of the disciplinary.... Ourselves with fairness and consistency in the Human Resources Profession on full pending... Pride ourselves with fairness and consistency witnesses questions for disciplinary hearing procedure south africa defects unless a question. All disciplinary hearings HRworks.co.za is an Online National Human Resources Directory covering all HR in...
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