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Do these three things to prepare for a disciplinary hearing

by , 15 August 2014
Having to hold a disciplinary hearing isn't pleasant.

No employer enjoys going head to head with an employee.

But this is a necessary step when an employee commits misconduct and you must do everything by the book to avoid landing at the CCMA and having the hearing ruled as unfair.

So where do you start?

Your must prepare. Here are the three things you must do to prepare for a disciplinary hearing so you can ensure it's legally compliant.

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Three things you must do to prepare for a disciplinary hearing

#1: Consider suspending your employee while you investigate the matter 

Your employee can continue with his job while you're still investigating.

But in some cases there could be a potential danger in keeping your employee at work.

For example, if he's suspected of assault, stealing petty cash or committing an act that threatens people, property, operations, industrial relations or information.

If you believe he may interfere with witnesses or tamper with evidence, suspend him temporarily.

#2: Formulate charges

After gathering all the facts, formulate the charges you want to bring against your employee.

According to the Labour Law for Managers Loose Leaf Service, the charge must contain details of who, what, when, where, and why.

This must be clear so there's no argument from your employee that he didn't have sufficient details to prepare a defence.

#3: Prepare your strategy

Once you're done with the investigation and formulating charges, organise the evidence. Prepare in such a way as to provide a full, clear and watertight case against the accused.

This aspect of the preparation involves:

  • Sorting and ordering of evidence;

  • Selection of witnesses' documents and other evidence to be used; and

  • Deciding how you'll sequence and interweave the evidence for the best effect.

There you have it: Preparation is key when it comes to a disciplinary hearing. So make sure you follow these three steps to prepare so your hearing will be legally compliant.

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