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Are you holding a disciplinary hearing? Then follow these 3 rules to describe your allegations correctly

by , 26 April 2016
Describing your allegations, for a disciplinary hearing, is something that should never be taken lightly! Because failing to describe them correctly could see the entire process fall apart, not to mention the CCMA deeming any dismissal from it as unfair

So in order to avoid this, you simply have to describe your allegations correctly.

Here are the 3 legal rules that must be adhered to when describing your allegations...


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Rule#1: Ensure it's written

You have to lay out the allegations against the employee in writing.

REMEMBER: Your writing must be legible. After all, there really isn't any point in describing the allegations with writing that literally no one can understand. So keep it neat!

Rule#2: Make it understandable

When describing the allegations against the employee, you have to lay them out in a way that she can easily understand.

Describe your allegations in a clear and concise manner, laying out exactly what you believe the employee did wrong.

Rule#3: Use the right language

You must describe the allegations against the employee in her home language.

So if this happens to be a language which you yourself don't speak, you must get the allegations translated into her language.
BIG WARNING: Whatever you do, avoid using legal definitions, or an item from your disciplinary code, when describing the allegations made against the employee. Because if you do this, the employee may not understand the allegations made against her. And if she doesn't understand them, then she won't be able to prepare an adequate defence.
*To learn more great tips on how to correctly describe your allegations against an employee, go to Chapter D 12: Disciplinary Hearings: Drafting the allegations, in your Labour Law for Managers handbook.

If you don't already have this invaluable resource, click here to order your copy today.

Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly
And if you didn't do it fairly, you could have to pay him up to 12 months' salary! Don't let this happen to you…


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