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Consider THIS before you change the disciplinary allegations you've accused your employee of

by , 05 August 2014
Let's say your employee does something wrong. You draft the allegations against him and notify him of the disciplinary hearing. After a couple of weeks, the disciplinary hearing gets underway.

As the hearing progresses, you discover the allegations don't adequately describe what your employee did wrong. Or that there's a difference between the evidence being presented and the allegations that are in the notification sheet.

As a result, you want to change the description of the allegations.

Before you do this, consider these points to ensure your disciplinary hearing isn't suddenly seen as procedurally unfair.

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Don't let the CCMA rule a disciplinary hearing 'unfair' under your watch

When it comes to chairing disciplinary hearings, you can't afford to make any errors.

If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today


Here's what you must consider before you change the disciplinary allegations

There's nothing to stop you from amending the allegations before the Chairperson makes a decision.

But, it's important to stop to think if amending allegations makes a material (significant) difference to the allegations and could have affected your employee's preparation for the hearing.

If this is the case, you MUST postpone the hearing to allow your employee to prepare his defence to the amended allegations. Fairness is important when it comes to disciplinary hearings.

If you postpone, it'll help ensure the disciplinary process is procedurally fair.

After all, it's better to postpone and be temporarily inconvenienced than to risk the whole disciplinary process being found procedurally unfair later on.

There you have it: While you're within your rights to amend disciplinary allegations against your employee, make sure you consider the points we've outlined above to ensure your disciplinary process isn't procedurally unfair.

And remember, there's so much more to disciplinary hearings like, for example, how to draft allegations, how to chair the disciplinary hearing, etc. We recommend you check out the Labour Law for Managers Loose Leaf Service for more information on disciplinary hearings so you can ensure all your hearings are above board.

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