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EFF members claim their disciplinary hearing is biased! Do this to ensure no one accuses you of the same thing

by , 09 October 2014
On Tuesday, Economic Freedom Fighters (EFF) leader Julius Malema and 19 other EFF MPs, walked out of their disciplinary hearing in Parliament. They allege the hearing is biased because the powers and privileges committee conducting the hearing is dominated by ANC MPs.

In August, the EFF MPs heckled President Jacob Zuma in Parliament with chants of 'pay back the money' in reference to the Public Protector's recommendations on Nkandla.
As it stands, the hearing is going on in their absence and, if found guilty, they could face suspension from the legislature for up to 14 working days.

Since disciplinary hearings aren't limited to Parliament, keep reading to discover what you can do to ensure your employees never accuse you of being biased when it comes to disciplinary hearings.


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Do this to ensure employees never accuse you of being biased when it comes to disciplinary hearing

 
You must ensure your employee's disciplinary hearing is fair.
 
To do this, you have to ensure the chairperson of the disciplinary hearing knows and adheres to his duties.
 
If he ignores his duties and makes the decision to dismiss an employee, the employee can take you to the CCMA for unfair dismissal.
 
To avoid this fate, make it clear to the chairperson that he has a duty to:
 
  • Control the hearing;
  • Hear and gather the evidence presented by both the employer and the employee;
  • Decide if the employee's guilty or not;
  • Hear any mitigating circumstances; and
  • Decide on an appropriate corrective measure.
 
As an employer, when you appoint your chairperson, you must also ensure he's impartial.

This means:

  • He isn't in any way involved in the incident he's hearing;
  • He isn't involved in investigating or preparing the matter;
  • No-one has given him a brief on the matter;
  • He doesn't have any sort of conflict with the accused;
  • He doesn't have any reason for bias against the employee;
  • He has the skill to chair the disciplinary hearing at the level of complexity; and
  • Isn't junior to the complainant.
 
If you stick to the above principles, no one will accuse you of being biased when it comes to disciplinary hearings.
 
Recommended Product: The Chairman's Guide to Disciplinary Hearings: How to Chair 100% Legally Compliant Hearings. The guide will help you chair a legally compliant disciplinary enquiry in just five easy steps.


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