Employers must ensure procedural and substantive fairness while administering a disciplinary hearing. It is imperative for employees to be aware of their rights, so they are well prepared.
Q1 – What is a disciplinary hearing?
Rules and regulations govern the workplaces which are followed by all employees. An Employer may take steps to determine whether an employee has violated workplace rules and regulations and, if necessary, the appropriate discipline for the employee.
Employees should be providing at least 48 hrs in advance to prepare for the disciplinary hearing.
What to Include in the Notice to the Attend the Disciplinary Hearing:
- The date, time, and venue of the hearing.
- The nature of the employee’s alleged breach or charge.
- The employee must be informed that they are allowed representation (union representative /lawyer)
- The employee has a right to have an interpreter at the disciplinary hearing if needed
- The right of the Employee to call witnesses.
Q2 – Are disciplinary hearings confidential?
Disciplinary hearings are confidential and must be conducted in a private room.
Only those persons permitted in terms of the disciplinary procedure may be present.
No matter what the outcome of the disciplinary hearing – it should be kept confidential.
In line with data protection law, records should be:
- Confidential
- Records should only be kept for as long as necessary
Q3 – Who attends a hearing?
Employees and their representatives may attend the disciplinary hearing.
Witnesses for both sides may attend a disciplinary hearing.
Generally, the following are seen present at a disciplinary hearing:
- The Chairman
- The complainant.
- The respondent (accused)
- Respondent’s representative.
- Interpreter
Q4 – What happens at the hearing?
The employer puts his or her case forward by submitting evidence and calling witnesses.
The employee is then allowed to put his or her case including cross-examining the proof submitted by the employer.
Employees and witnesses may be cross-examined by the employer.
Both parties will present closing arguments at the end of the hearing.
After conclusion of the closing arguments, the employer will be asked to submit aggravating circumstances / evidence.
The employee will be asked to submit extenuating circumstances.
The commissioner will make a ruling of guilty or not guilty.
The company will take the ruling into account and decided on the final sanction of the employee
Q5 – How long does it last?
Generally, a reasonable waiting period will be considered such as two full working days. It depends upon the seriousness of the matter.
Even in the most extraordinary of circumstances, a maximum of four working days is more than adequate for dealing with disciplinary matters.
