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Eight people who must be present at your employee's disciplinary hearing

by , 27 August 2014
You must conduct your employee's disciplinary hearing in a manner that's procedurally and substantively fair.

If you overlook this, you could land at the CCMA and the hearing will be ruled as unfair.

We know you can't afford to take that risk. That's why today we're revealing the eight people who MUST be present at your employee's disciplinary hearing. Make sure they're there so you can avoid any legal comebacks when it comes to disciplinary hearings.


Here's a list of the eight key people who must be present at your employee's disciplinary hearing 


#1: The Chairperson

His 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

Your employee has a right to attend the hearing from start to finish. This gives him the best chance to defend his case, so never hold the hearing without him there.

 
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#3: The accused's representative

This person must be present so he can help your employee with his defence.

#4: The complainant

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

#5: The investigator

The investigator is the person you appoint as management to investigate the complaint. He could be your employee's supervisor, another employee or even a member of management.

#6: Witnesses 

You and your employee have a right to bring witnesses.

#7: An interpreter 

You MUST arrange for an interpreter if your employee needs one.

#8: A clerk 

A clerk must be present to take minutes and to work a tape recorder as a back-up.

There you have it: Make sure these eight people are present at your employee's disciplinary hearing. It'll help ensure the hearing in procedurally and substantively fair and put an end to further legal disputes.

PS: Follow these five steps to ensure you always hold a 100% legally compliant disciplinary hearing

We know you have more important things to do with your time than prove yourself to a guilty employee at the CCMA...

That's why we've made chairing a legally water-tight hearing as easy as five steps.

Click here to ensure no-one can accuse your hearings of being unfair or biased.



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