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Do you know which five people must be present at your employee's disciplinary hearing?

by , 20 February 2014
Holding a disciplinary hearing in your workplace? If so, make sure these five people are there. If you don't, you could land in hot water with the CCMA...

Every disciplinary hearing you conduct must be procedurally and substantively fair.

And ensuring the following five people are present moves you a step closer to ensuring they will be.

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Make sure these five people attend the disciplinary hearing

The key people involved in the hearing are:

#1: The Chairperson

The Labour Law for Managers Loose Leaf Service says the Chairperson's role is to:

  • Control the hearing
  • Hear and gather the evidence presented
  • Decide if the accused is guilty or not
  • Hear mitigating circumstances, and
  • Decide on an appropriate corrective measure.

#2: The accused employee

The accused has a right to attend the hearing from start to finish. This allows him to defend his case.

#3: The accused's representative

The employee's representative assists him with his defence.

#4: The complainant

This is the person who will bring the charges against the accused employee.

This must be the person from your company who best understands the charges. It might be the accused's supervisor, manager or the person who conducted the investigation.

#5: The investigator

The investigator is the person appointed by management to investigate the complaint. He could be the supervisor of the accused, another employee, or even a member of management.

Are there any other important people who must attend the disciplinary hearing?

Yes.

Other important participants include:

  • The witness you and your employee are allowed to bring.
  • An interpreter if your employee needs one.
  • A clerk to take minutes and to work a tape recorder as a back-up.

Knowing who should be present during the disciplinary hearing will help ensure you conduct the hearing with procedural and substantive fairness. So don't hold another disciplinary hearing without all the right people there.

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