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Disciplinary Hearing: Prepare. Prepare. Prepare

Legal Leaders

Have A Disciplinary Hearing Coming Up?

Feeling overwhelmed? We have established a few tips to help prepare for your disciplinary hearing

What is a disciplinary hearing?

A disciplinary hearing is an internal process where substantive and procedural fairness must be applied in all cases. The employer bears the burden of proof to establish guilt.

Step 1: Breaking down the evidence

 Break down the evidence as per the charges in the charge sheet. Look at the charges and do a timeline of different events that are related to the charge sheet. Essentially, you want to match the date and time with their allegations against you.

Types of evidence:

  • Verbal
    These is verbal testimonies from witnesses, for example where a person testifies at the hearing that he/she saw the accused employee steal a bag of potatoes.
  • Documentary
    Documents that will prove the allegations against an employee, for example, an attendance register that will prove that an employee was absent from work on a specific date.
  • Concrete
    For example, the actual bag of potatoes that the employee was caught with.
  • Picture footage
    Video footage from a security camera shows the theft at work.  Photographs and sound clips will also fall in this category.

Step 2: Prepare. Prepare. Prepare

It is important to prepare what you’re going to say at the disciplinary inquiry. You should at least have a list of points that you want to communicate at the hearing. Do not go in cold without planning what you’re going to say, and neither should you actually prepare a speech, rather prepare a list of points that you want to lead at the disciplined enquiry.

Step 3: Clear Your mind

It is important to be calm. There is a storm that’s taking place around you, don’t let that storm sink you especially if you’re the one that’s been charged for misconduct or insubordination, whatever the charge is against you. You need to be calm, and you need to be focused in order to manage your emotions. We suggest that you even look at things like meditation, journaling your ideas and thoughts. Anything that’s going to help you to be more centred, grounded and more calm

Step 4: Clear, concise statements

The last and final tip is to make sure that you prepare clear and concise opening and closing statements.

Opening statements are made by each party outlining what they intend to prove. In most cases, the opening statement is neglected, its tactical value is underestimated, and the opportunity to use an opening statement to start the persuasion process is not fully taken advantage of.

During the process, it introduces the chairman to the issues and evidence to be presented thus making the chairman’s job easier and more focused.

In your closing argument, you want to persuade the chairman to accept your arguments and reject those of your employer.

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