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Education DG to face a disciplinary hearing! Do you know how to decide if a disciplinary hearing is necessary?

by , 24 July 2013
Basic education director general Bobby Soobrayan will face a disciplinary hearing in 10 days. According to media reports, the hearing is a result of a complaint laid by the SA Democratic Teachers' Union (Sadtu) that Soobrayan violated the Public Finance Management Act. The Minister of Basic Education Angie Motshekga has appointed retired judge Justice W van der Merwe to preside at the hearing. Soobrayan's hearing has cast the spotlight on disciplinary hearings. Read on to find out when a disciplinary hearing is necessary.

You probably know that you must conduct a legally compliant disciplinary hearing.

But do you know how to decide if a disciplinary hearing is necessary in the first place?

A disciplinary hearing is necessary in these circumstances:

According to the Labour Law for Managers Loose Leaf Service, a formal disciplinary hearing is necessary when dismissal could be an outcome. This means you need to investigate the allegations thoroughly.

This will tell you if:

  • There's any validity in the allegations
  • You have enough evidence to prove the charges. And if the charges are serious enough to merit a disciplinary hearing. If not, you might decide to drop the matter or deal with it through a counselling session or a warning.

In addition, an investigation will:

  • Provide a solid foundation for your pre-hearing reparation
  • Help you avoid your embarrassment and the employee's resentment resulting from bringing an invalid or weak case to the disciplinary hearing
  • Provide the information on which you can formulate the charge(s)
  • Enable you to bring all existing evidence to the disciplinary hearing
  • Enable you to convince the presiding officer (Chairperson of the hearing), via solid evidence, that your employee is guilty.

Knowing how to decide if a disciplinary hearing is necessary will ensure you institute disciplinary action in a fair manner.



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