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Checklist: Eight Requirements for a fair hearing

by , 16 November 2016
Checklist: Eight Requirements for a fair hearingSo, you need to have a disciplinary hearing for an employee... But did you know that all disciplinary hearings must be procedurally fair? This means the process you use for disciplining or dismissing an employee must be fair.

These processes or procedures include:
  • Giving the employee counselling and prior warnings;
  • Following processes of corrective meetings or disciplinary hearings; and
  • Following the right processes at the actual corrective meetings or disciplinary hearings. This includes giving the employee the opportunity to answer to the charges.
Keep reading for the eight requirements to make sure you have a procedurally fair disciplinary hearing…

Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA! Here's how to chair a legally compliant disciplinary enquiry in just 5 easy steps
Chairing a disciplinary hearing isn't easy.
With all the disciplinary codes and procedures you have to remember...
The roles and rules you need to adhere to...
The different questions you need to ask...
The different types of evidence you can legally present...
There are dozens of things you need to keep in mind to give each employee a fair hearing.
But what if I told you that chairing a hearing that follows the right disciplinary process is as easy as 5 simple steps?


Checklist: 8 Requirements for a fair hearing
  1. Notify your employee of the allegations against him. Use a form that's in a language the employee can reasonably understand. Give him at least 48 hours' notice of a disciplinary or performance hearing.
  2. Hold a hearing before you take disciplinary action. This is to give the employee a chance to challenge the evidence before you make a final decision.
  3. Make sure the hearing follows as soon as reasonably possible after the incident in question.
  4. Advise your employee in writing of the precise charge you require him to answer, well in advance of the hearing. If you don't, he won't be in a position to prepare his defence.
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  1. Your employee should be present at the hearing. But, you can proceed with the hearing if he refuses to attend without good cause. For example, if he's absconded.
  2. Your employee can have the assistance of a trade union representative or fellow employee to represent him in the disciplinary proceedings.
  3. You should allow the employee to call witnesses in his defence or in mitigation.
  4. The chairperson should be impartial.

But there's so much more you need to know, and we'll show you exactly how to prepare for a procedurally fair disciplinary hearing… 

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