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As promised on Tuesday... The chairperson's essential checklist for a disciplinary appeal

by , 20 March 2013
- Get rid of your poor performer without landing at the CCMA!

- 10-Point checklist for the chairperson in an appeal

- The First Performance Review Software Available in South Africa

Dear Reader

In Tuesday's Labour Bulletin we covered the disciplinary appeal process and how you can avoid the CCMA with the right steps.

We also promised you the 10 points your chairperson must check for the appeal process, and here they are…

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Get rid of your poor performer without landing at the CCMA!

You can't afford to have poor performers in your company. But you also can't afford to be taken to the cleaners at the CCMA for dismissing incorrectly!

Find out how you to LEGALLY get rid of poor performers here.

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10-Point checklist for the chairperson in an appeal

Make sure every one of these boxes are ticked to make sure the chairperson makes the right appeal decision!
  1. Employee's name, position, length of service etc. Was the employee's position and length of service considered during the disciplinary enquiry? Generally, the longer the length of service, the more it should count toward a more lenient sanction. But this isn't always the case e.g. dismissal for fraud may be correct no matter how long the employee's been with you.
     
  2. Notice of the disciplinary hearing. The notice must have been in writing and show you complied with the time period in the disciplinary code. Also, check if the employee asked for a postponement. The general rule is to give extra time if the matter's complicated, or the employee has presented solid reasons why he can't be there on the day (e.g. he or a main witness is ill, supported by medical evidence or other proof).
     
  3. The disciplinary chairperson. What's his name, position, relationship to employee, etc.? Don't appoint a chair who can be perceived as biased. E.g. an employee junior to the 'prosecutor', who's involved or knows the details of the case, or who has a bad relationship with the employee.
     
  4. The charge sheet. Was there enough detail to let the employee know what the company was accusing him of, so he could prepare his defence properly?
     
  5. Record of the disciplinary enquiry and evidence. Copy of the record of the hearing, with a summary of the main evidence you and the employee relied on to support their case.


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  1. The chair's written findings and reasons. Is there enough evidence to support that the employee's guilty?
     
  2. The aggravating and mitigating evidence. Did the disciplinary chair take these into account properly?
     
  3. The chair's outcome and reasons for the finding. Was this given to the employee in writing and within the stated or reasonable period? The employee must have signed for it, or there must be other proof it was given to him.
     
  4. Further evidence. Is there any more evidence from the employee that wasn't available at the time of the hearing?
     
  5. Valid warnings on file. Assess this as part of the aggravating factors, which can lead to a harsher sanction. E.g. the employee had a final written warning on file that hadn't yet expired, he was found guilty of the new offence and the next step was to dismiss him.

So make sure you're always covered with the right procedures so you never have to cough up at the CCMA. But don't let poor performance get to this…  Arm yourself with The 'No Excuses' Guide to Performance Management to have the full ammo you need!

Until next time,
Taryn


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