For any assistance with matters related to Labour and Employment Law, disciplinary hearings, the CCMA, arbitration, and dispute resolution, please contact our experienced attorneys. Effective Disciplinary Hearing Training Course is an essential skill. Home » Labour Law » Disciplinary enquiries: Procedure, rights and obligations of employer and employees. 17. All this is necessary to ensure that the sanction is imposed for a fair reason and that the sanction is fair in all the circumstances of the matter. If she has no rep, ask if she wants one. All Rights Reserved. You can also browse Amazon's limited-time free Kindle books to find out what books are free right now. The employer needs to first hold a disciplinary hearing/enquiry. The employee was served with the charges and invited to make written representations. Failure to abide by these standards, results in an employee facing a disciplinary enquiry. Never given an outcome until after the meeting and a period of reflection, including any necessary investigations you need to undertake. 18. when all evidence has been presented, adjourn the meeting. or natural justice. It was not known when the employee would be released from custody. The Labour Relations Act of South Africa is there to protect both the employer and employee and we look to ensure that these laws are applied correctly. (or Afrikaans or whatever). Not recording the disciplinary hearing. A disciplinary finding and sanction only takes effect on confirmation by the Council. Keep complete and professional documentation that records the disciplinary process. Constitution of the Republic of South Africa, Act 108 of 1996 disorderly conduct – shouting, arguing etc will not be allowed, the employer will first give evidence in support of his charges and call witnesses. Before an Employer makes a punitive or non-punitive decision based on the conduct of an Employee, a Disciplinary Hearing must be held to accurately determine the facts and merits of the charges levelled against and Employee and to allow the Employee to make representations by way of leading evidence, utilizing witnesses in their defense and cross examining the Employer's witnesses, if … After suspension, an investigation is launched and conducted by management. Based on that evidence, he will decide, on the balance of probability, whose story is more likely to be true – that of the complainant or that of the respondent. All this (point 18) cannot possibly be done in 15 minutes or even 5 hours . Labour law does not regulate postponement of disciplinary hearings. This guide chairing disciplinary hearings south africa, as one of the most functioning sellers here will unconditionally be in the middle of the best options to review. The Labour Relations Act, Act 66 of 1995 (“LRA”) does not deal expressly with the question of whether legal representation should be allowed during disciplinary hearings. 4. Employers and employees should be mindful when initiating a disciplinary procedure as the outcome carries significant consequences for both parties. 11. 2. Employee Relations . 11 Definitions. Ask if she has a representative present and record the name of the representative. His attorney attended the disciplinary hearing … The long and short of it. However, this step can only be taken when an allegation of misconduct has been proven by means of evidence. An interesting set of facts emerged in the case of Oberholzer vs. Central University of Technology: Free State (2017)where the employee, a lecturer in law, was arrested by the police. When all management witnesses have testified or management has completed leading their evidence, allow the respondent to proceed with her evidence and witnesses. Employees are required to abide by this code of conduct and regulations set out by the employer, to familiarise themselves with the code of conduct and ensure that they comply with these requirements at all times within the workplace. If, following an investigation, an employer decides that there is a disciplinary case for an employee to answer, a disciplinary hearing should be arranged. At the continuance on Tuesday 4. all questioning will take place under your direction. Menu News; Press offices ... Common mistakes employees make during disciplinary hearings . In considering a sanction, the Chairperson will largely ignore the evidence – he will consider facts such as the length of service of the employee, the position held in the company, the seriousness of the offense, the personal circumstances of the employee, the degree of remorse if any, and any other mitigating or aggravating circumstances. In order to establish the conduct employers expect from their employees in the workplace, all employers must adopt disciplinary procedures (according to the Code of Good Practice Schedule 8.3(1)).These rules must be consistent and in larger businesses disciplinary processes are expected to be more formalised in terms of disciplinary hearings. 5. If the Chairperson is to do his/her job properly, this process (point 18) will take at least 2 days minimum. The minutes must be as complete and as detailed as possible. When the meeting is reconvened, the Chairperson will deliver his verdict and explain his reasons for arriving at that verdict. Sample dismissal letter after disciplinary hearing This is in reference to the meeting held with you by HRD officials with you on Friday 12th March 2013. Resigning with immediate effect in the face of a disciplinary sanction to be imposed – A classic case of dodging the bullet, or not! audi alterem parte. The chairperson will then determine the appropriate sanction. Employers and employees should be mindful when initiating a disciplinary procedure as the outcome carries significant consequences for both parties. The first step in the process is that the employee needs to be informed that he (where the male is used, it also implies female) has to attend a disciplinary enquiry or, in other words, the employee must be given a notice to attend. The employer (CUT) intended to proceed with disciplinary action on several unrelated charges. 20. Sources of Discipline and Dismissal Law Certain statutes in South Africa are our primary references to disciplinary and dismissal procedures. The Chairperson must also consider the employer's own Disciplinary Code and Procedures, and also consistency in terms of previous sanctions imposed for similar offenses. Based on the evidence represented by both parties, the chairperson must make an informed and impartial decision regarding the appropriate sanction and enforce it against the employee. Read Free Guide Chairing Disciplinary Hearings South Africa Guide Chairing Disciplinary Hearings South Africa As recognized, adventure as with ease as experience very nearly lesson, amusement, as capably as treaty can be gotten by just checking out a book guide chairing disciplinary hearings south africa after that it is Should the verdict be one of guilty, then at the continuance of the enquiry on Monday 3rd November, I will inform you of my verdict and the reasons for it. 22. Appeal ruling - Disciplinary hearing Description The ruling and reasons for the decision given by the chairman of an appeal hearing. At the end of the disciplinary hearing, both parties will make closing arguments. 082 979 0684 / 083 453 8483. 7. Disciplinary hearings The Code of Good Practice: Dismissal as set out in Schedule 8 of the Labour Relations Act (“the Code of Good Practice”) sets the following procedural requirements for disciplinary hearings: “Normally, the employer should conduct an investigation to determine whether there are grounds for dismissal. A Guide to Disciplinary Hearings At the outset, let it be stated that: the full proceedings must be recorded in writing in the minutes. Read out the charges to the respondent, and ask her if she understands the nature and the seriousness of the charges against him/her? Section 188 of the Labour Relations Act [i] (“LRA”) provides that, in order for a dismissal to be fair, it needs to not be automatically unfair, and moreover the employer must be able to prove that a dismissal was procedurally and substantively fair – a disciplinary hearing forms part and parcel of a … 24. state that the employee has the right to refer the matter to the CCMA if she feels aggrieved in any way by in terms of unfair treatment or procedure. When I consider what sanction to impose, I will take into account such factors as any mitigating circumstances put forward, anything in evidence that may be regarded as a mitigating circumstance or mitigating evidence, I will consider the respondents length of service, her previous disciplinary record, what training she has received and so on. procedure followed during the disciplinary case is fair: 3.1.1.1 Paragraph 7 of the Disciplinary Code and Procedures for the Public Service provides for the procedure to be followed once a disciplinary enquiry is conducted. Ask the employee to plead to the charges and record the plea. Mon – Fri : 9 am – 5pm. This adjournment must be for a reasonable period – say at least 2 days. Commission for Conciliation Mediation and Arbitration (CCMA), Under the influence - No proof, no dismissal, Employee incentive schemes: Retaining and incentivising key employees during uncertain times. Consider evidence that exonerates as fully as you consider evidence that condemns. Disciplinary action occurs when a rule or standard of conduct in the working environment has been breached and cannot be remedied by any other means. As specialists in Labour Law, we have a sensitive appreciation for the complexities of labour relations vis a vis productivity. If the employee is not satisfied with the outcome, he/she may appeal the matter and alternatively refer the matter to the CCMA or Bargaining Council (whichever is applicable). The meeting will then again be adjourned to allow me to consider a suitable sanction, to type out the finding and the reasons for that finding. Chairperson's Checklist for Disciplinary Hearings FREE! The Chairperson will then ask the employee if they has anything to add, any other evidence to lead, or any other circumstances, personal or otherwise, in mitigation of sentence. GoLegal is a leading industry news and information portal for the South African legal sector, catering to attorneys, corporate counsel, legal scholars, policy makers and other corporate and legal interest groups. (Effective Disciplinary Hearing Training Course: Johannesburg (Sandton), Cape Town, Durban, Port Elizabeth, Pretoria – South Africa) Upcoming Public Courses In considering the verdict of guilty or not guilty, the Chairperson will consider all the evidence led at the Disciplinary Hearing by both parties. The letter advising the respondent of the sanction imposed should contain points 23 and 24 above in the same letter. The form of disciplinary action may vary and will in most cases depend on the seriousness of the alleged misconduct or if the employee has previously contravened the same rule. Get your free guide to assist a chairperson at a disciplinary enquiry today! after the respondent has completed cross examination, management or the Chairperson may ask clarifying questions. 14. The Chairperson will then call for the respondents disciplinary record (personal file) and armed with that together with a knowledge of the respondents personal circumstances, will proceed to decide on a sanction based on a fair reason. For any assistance with matters related to Labour and Employment Law, disciplinary hearings, the CCMA, arbitration, and dispute resolution, please contact our experienced attorneys. Should you wish to appeal, this must be done within 5 days of the end of this hearing, and you must submit to management in writing a letter requesting an appeal and state the reasons on which your appeal is based. 9. The complainant is represented today by Mr./Mrs. Is an employee able to avoid a disciplinary hearing or disciplinary sanction by resigning? Employment issues: All too often employees are willing to attend disciplinary meetings or answer allegations of misconduct without any proper preparation or defence.Here’s how to be prepared. This enquiry has been convened to hear evidence in respect of charges brought against (respondents name) by (employer's name or name of complainant ). In considering the appeal of an employee it is necessary that the appeal authority consider the merits of the appeal Ask if she has a representative present and record the name of the representative. When these rules are broken the employer can apply progressive discipline (warnings) or in cases of severe misconduct proceed directly to a disciplinary … Any decision taken by the Disciplinary Committee of Council of the University of South Africa will be valid and legally binding. Submit a job ad. CUT was not willing to wait. Forms of discipline in the workplace are: The severity of an offence determines the type of action – if the offence is not of a serious nature such as constant late coming, then informal disciplinary action is applied by issuing the employee with a verbal warning. Whereas when a formal disciplinary enquiry is held it would be on more serious grounds such as an employee facing suspension. If the respondent is found not guilty, then that verdict is communicated to the respondent and the matter is closed. Category Discipline Sub Category Disciplinary hearings Document Type Template Filename Appeal ruling TMP.docx Publish Date 12/09/2014 Price R165.00 Author Johanette Rheeder Document Format DOCX Postponement will either be regulated by a company’s internal policies or by case law. A sanction will only be considered if the verdict is a guilty one. Impact of free trade area in Africa will be huge Andrew Skipper. At the continuance on Tuesday 4th November I will deliver the sanction imposed and that will be the end of the matter. suspension without pay for a period of time (the period of time is subject to the company, management or the seriousness of the offence); dismissal with notice or payment in lieu thereof; or. See also: Employees are expected to conduct themselves according to standards of conduct and regulations prescribed in terms of labour legislation. 6. Introduce yourself and any other participants unknown to each other. The accused may ask for postponement of a disciplinary hearing in the following circumstances: If the charge sheet is … Intention is everything: The role of intent in employee discipline for dishonesty and/or fraud. Parties that may attend a disciplinary hearing are a representative from management, the employee and their representative (if necessary), and witnesses for both parties or either party. Ask the employee if she understands her rights as explained in the Notice of Disciplinary Enquiry.If the answer is in the negative, go through her rights with her. This process is aimed at ensuring that both parties (employee and employer), whether aggrieved or involved, are provided with a fair and equitable opportunity to represent their case. A disciplinary code is vital to ensure that there are clear rules in the workplace, with appropriate sanctions, for employees to follow. The Chairperson may also question witnesses, Any adjournments will be at your discretion, It must be carefully noted that the arriving of a verdict of guilty or not guilty and the arriving at a decision on the sanction to be imposed. Want the latest legal news and views in your box? after management has presented its evidence and called all its witnesses. Thereafter, the employee must be given an opportunity to respond to the allegations made against him/her and question the witnesses by counter arguing and presenting his/her own witnesses. the transcript of the disciplinary hearing placed before the commissioner. Labour Law News South Africa. [10] In support of her submission that the arbitration award was unreasonable counsel for the applicant relied on the decisions of Toyota South Africa Motors (Pty) Ltd v Radebe and Others 2000 (3) BLLR 234(LAC), Standard