When disciplining an employee, describing the allegations correctly is very important.
Not doing so could lead to you losing at the CCMA in the long run.
And you might be wondering what you can do if you realise, during a disciplinary hearing, that you should change your allegations so they're more accurate. For example, you may realise the allegations aren't properly described or the evidence being presented doesn't adequately fit the charges.
Keep reading and find out what you can do about it...
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.
To be clear, there's nothing stopping you from amending the allegations before the Chairperson makes a decision.
But it is vitally important to think if the changes will significantly change things to the degree that the employee may have to re-prepare himself for the hearing.
If this is the case, then you still need to postpone the hearing so you give the employee time to prepare accordingly to the changed allegations.
If you don't do this, you could risk the CCMA ruling the whole disciplinary process as unfair.
So keep this in mind before considering any amendments to allegations during a hearing.
To learn more, click below…
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