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Before you hold a second disciplinary hearing, do this to ensure it's fair

by , 11 August 2014
When it comes to disciplinary hearings, the general rule is you shouldn't subject an employee to a second disciplinary enquiry for the same offence.

To have a person 'tried' twice, so to speak, for the same offence is often seen as unfair.

That's why you must tread carefully when it comes to a second disciplinary hearing. One wrong move could land you at the CCMA.

To make sure this doesn't happen, consider these three points before you hold a second disciplinary hearing so you can ensure the process is fair to your employee.

 

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Three points you must consider to ensure its fair to conduct a second disciplinary hearing


The points you'll have to consider in determining whether it's fair to conduct a second enquiry are as follows:

You must consider if:

#1: There's new evidence;

#2: This evidence is substantially different from the evidence that was apparent at the first enquiry; and

#3: The evidence casts the employee's offence in a more serious light.

If all these factors are present, it may be fair to conduct a second disciplinary enquiry. You'll be able to have a 'second bite at the cherry', so to speak, by convening a second disciplinary enquiry.

The important point here is you must ensure that you aren't merely retrying a person on the same grounds by using the guise of new evidence that isn't substantially or materially different from the evidence that was apparent at the first enquiry.

Knowing what to consider before you hold a second disciplinary hearing will help ensure it's fair. This way, you can avoid landing at the CCMA.

PS: The courts take into account certain points when determining whether it's fair to conduct a second enquiry. So it may be a good idea to check out the Labour Law for Managers Loose Leaf Service to find out about these points too so you can cover all your bases when it comes to a second disciplinary hearing.


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