Welcome back to Workplace Wednesdays!
Arguably the most dramatic event that could happen between an employer and an employee is a disciplinary hearing. Apart from the emotions that are involved in such an event – are the laws that rule and regulate the procedure of a disciplinary hearing, and they are strict and enforceable. Let’s examine them.
In the first place, a disciplinary hearing must follow very strict PROCEDURES. Employers are not free to launch a disciplinary hearing and plunge into such an event any way they wish. They are to follow the rules- – hand a notice to appear, which contains details if the allegations against an employee, clearly stated and explained. Also, the time, date and venue of the hearing must be properly arranged and provide the employee with sufficient time, usually 48 or more hours, to prepare for the hearing.
Then there must be a Chair of that hearing who will be impartial, unbiased and free from any interference in the process. It might also happen that any documents to be used in the bundle of evidence in the hearing may also be handed to the employee on good time. Then, the hearing must be properly conducted, evidence presented and cross-examined- – rights to present evidence respected and proper delivery of argument and documents.
Should this procedure be faulty in any of the above, the employer runs the risk of the procedure being found wanting in the CCMA or Bargaining Council if the dispute is challenged.
In the second place, the decision that emerges from the hearing needs to be SUBSTANTIVELY valid and fair. This is largely the responsibility of the Chair of the hearing who must deliver an award that is properly thought out and is a sound and legitimate decision. These awards from the Chair are often the issue of contention if disputed and often can result in the decision being overturned in favour of the employee – so the Chair of any hearing needs to be carefully appointed. All the evidence must be thoroughly examined and evaluated by the Chair before such a decision is awarded, so the Chair needs to be competent in such matters.
A disciplinary hearing has to be properly conducted or it could fail if challenged which could have serious financial consequences for the employer, nevermind the potential loss in revenue in having key role players having to be away from office to attend to the CCMA or Bargaining Council.
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