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