When wanting to proceed to a disciplinary hearing with an employee, it is vital that the correct procedure is followed. While the disciplinary hearing procedure may seem very basic and unimportant, it can be the reason for a case being lost at the CCMA. Once an act of misconduct has occurred, the manager should thoroughly investigate the matter and get written statements from all the parties involved.
When it has been ascertained that it is a serious act of misconduct that warrants a disciplinary hearing, the manager should review what charges would be applicable to put on the charge sheet. An easy guide for applicable charges can be found in your disciplinary code. When detailing the charge/s on the charge sheet, it is important to specify the exact nature of the offence and the date on which it occurred.
The charge sheet should detail the following:
Name and Surname of employee
Time, date and venue of the hearing
The charge/s in detail
The chairpersons and initiators name and surname
The rights of the employee (give evidence, have representation of a fellow employee, call witnesses and cross-question witnesses, to have an interpreter (if the chairperson does not speak their language of choice)
Date and time when the notice is delivered and the individual delivering the notice
A place for the employee to sign that they received the notice.
The employee should be made aware that it is their responsibility to arrange their own witnesses and ensure that their representative is available. This should all be done in advance and not on the day of the hearing. The employee must be provided reasonable notice, which is typically 24 – 48 hours (this is dependent on the complexity of the case). The notice can include a disclaimer that should the employee fail to attend the hearing, it may take place in their absence.
Once the hearing has been completed, the employee must be provided with the outcome and sanction in writing. Depending on the company’s internal process, the employee must be notified of their right to appeal the sanction. Additionally, they must be notified of their right to refer the matter to the CCMA within 30 days of receipt of the outcome.
Should you have any questions about the topic above or require assistance in the chairing of disciplinary hearings, please contact us at hr@employmentconcepts.co.za.
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