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Don't lose your case at the CCMA because you didn't describe the allegations properly

by , 12 June 2015
If your employee does something wrong and you have to have a disciplinary hearing, you need to decide what the allegations against him are. You'll then put these in writing in the notice of disciplinary hearing that you give him.

You need to do this properly so when the hearing takes place, you can prove he did what you said in the notice. If you make a mistake in the beginning, rather change the allegations before the hearing finishes. Don't carry on if the allegations aren't correctly worded.

Many employers lose their cases at the CCMA because they didn't describe the allegations properly and dismiss the employee. If the allegations are right the dismissal will probably be fair. So, it's important for you to know how to draft allegations properly.  

Keep reading for more information on how to describe the allegations...

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Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA!
 
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 that can legally be presented...
 
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 five simple steps?
 
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How to describe allegations properly for a disciplinary hearing
 
First, gather all the facts. Then you can decide if you need to have a disciplinary hearing. If you decide to have one you have to draw up the allegations against your employee.
 
 
What does the law say about describing the allegations?
 
You must notify your employee of the allegations against him in a form and language he understands. (Code of Good Practice: Dismissal – item 4(1)).
 
Make sure you use these three rules...

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Don't end up on the losing side of the CCMA because you didn't know the difference between insolence, insbordination and gross insubordination!
 
You need to understand the following so you can discipline employees properly:
What is insubordination;
How it's different to gross insubordination;
How it's different to insolence;
How the three offences happen in the workplace; and
How courts interpret the three terms.

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Follow these three rules when describing allegations 
 
To make sure you comply with the law, here are three rules to follow when you describe the allegations:
 
1. Do it in writing. Make sure the writing is legible or type them out.
2. Don't use a language the employee won't understand. I you need to, translate them into his language.
3. Keep the description simple. Stick to a clear and concise factual description of what you say your employee did wrong. 
 
So make sure you get the basics right so you never land up on the losing side or what should've been a winning case because of techinicalities!



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