Everything you need to know about substantively and procedurally fair disciplinary hearings
So… Your employee's guilty of misconduct. Let's say he took a company laptop home, without asking permission. It's a simple open and closed case of theft, isn't it?
Not so fast! You can't just say 'that's it, you're out of here' and think that's the end of that. No, you still have to hold a disciplinary hearing. You still have to give him a chance to defend his case, and explain why he did that.
You also have to prove that he did this. You have to spell it out for him and notify him you're going to discipline him. And you have to give him time to prepare his case.
And then there's even more to it… You have to have a disciplinary hearing so you can prove your case, and give him a chance to defend his… And this is where most employers fail.
But not you! Here's why…
You must notify the employee of the allegations you have laid against him.
Do this with a form, and ensure it's in a language which he can adequately understand.
Give him at least 48 hours' notice of the hearing.
Let your employee know, well in advance and in writing, of the exact charge he'll be required to answer. This is so that he has time to prepare.
Present the charges in simple terms.
Know that your employee can ask for a trade union representative or a fellow employee to represent him during the hearing.
: It isn't true that an employee is entitled to legal representation during a disciplinary hearing.
But if he asks for it, the Chairperson of the hearing may allow it.
At the end of the day, what's important to remember is that in order to dismiss
an employee, you first have to prove that he is in fact guilty.
You'll do this in the hearing. And not doing so will definitely lead to an unfair dismissal.
*So those were 3 conditions you must meet in order to ensure that your disciplinary hearing is fair.
But did you know that there are several other conditions which you have to meet?
That's right! So page over to Chapter D 01
in your Practical Guide to Human Resources Management
handbook to see what they are.
Alternatively, click here
to order your copy today, should you not have one already.