10 Steps : Disciplinary Hearings

Every business wants to have a smooth running operation however there will always be one unfortunate instance when an employee oversteps the line and violates your code of conduct thus resulting when you might have to enforce disciplinary procedures. So, if this is your case then here are the steps that you should follow in their disciplinary hearing:
1. You cannot just dismiss your employees without conducting a hearing first. (South Africa’s labour law ). You may be required to issue various warnings before moving to the hearing stage.
2. It is important to allow your employee a minimum of 2 days to prepare a defence after he/she has been given notice of his/her hearing. You may also wish to note that your employee is able to seek assistance of a representative, union or colleague.
3. Elect a Chairperson who will act as a “judge ‘at the hearing. This person will have quite a few responsibilities so its important that they are familiar with the Labour Law Act.
4. Both parties are given the opportunity to state their cases. So it is imperative that you have testimonials, witness etc.
5. The hearing will be adjourned while the chairperson examines the evidence and makes a decision based on this. Following the adjournment, the chairperson will inform the employee as to his or her decision and provide the necessary motivation behind it.
6. At this point the employee will be allowed to counter. The chairperson will consider the employee’s counter-argument and should take the employee’s record into account.
7. Based on all the evidence, the chairperson will make a final decision.
8. Following this decision, your company must present the penalty in writing, no matter the level of its severity.
9. Depending on the disciplinary policies of your company, the employee may be able to appeal the penalty.
10. It is your duty to inform the employee as to their right to lodge the matter with the Commission for Conciliation, Mediation and Arbitration, or CCMA.
Join VETTA Communication on the 16th March 2016 for a Disciplinary Hearings Workshop hosted in Cape Town from 08h30 – 16h30. Contact us for more information heredisciplinary-issues-header

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