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Five tips to drafting watertight allegations for a disciplinary hearing

by , 19 August 2013
When your employee does something wrong and you need to hold a disciplinary hearing, you must decide what the allegations against him will be. You need to formulate the allegations properly so that when the hearing takes place, you can prove that he did what you said in the notice. Read on to discover five tips you can use to draft water allegations in preparations for a disciplinary hearing.

It's crucial that you draft allegations properly in preparation for a disciplinary hearing. After all, this could make or break your case.

Here's what you need to remember when drafting an allegation…

Preparing for a disciplinary hearing? Use these five tips to draft allegations against your employee

#1: Think about how you would describe what your employee did wrong if you were telling the story to someone else.

#2: You should describe who did what, when, where and why. This must be comprehensive and clear enough so there can be no argument from your employee that he didn't have sufficient detail to prepare a defence, says the Labour Law for Managers Loose Leaf Service.

For example say: 'It's alleged that on 9 July 2005 you forged the signature of the security manager on a document. The document allowed you to remove property from the company on the basis that you had paid for it when this wasn't the case. You had no authority to remove the property. In fact you were trying to remove it without paying for it, which amounts to attempted theft from the company.'

Don't simply say 'it's alleged that you attempted to steal property from the company.'

#3: Use plain language your employee is likely to understand.

#4: It's more important to describe clearly what it is your employee is alleged to have done wrong than to give an accurate legal definition of the offence or to give exactly the right classification in terms of your disciplinary code and procedure. Rather describe what he did than to call it attempted theft.

#5: Only once you're satisfied you've formulated a clear, accurate and an understandable account and description of what allegedly happened, should you refer to the disciplinary code and procedure to decide what to call the offence.

Remember, many employers lose their cases at the CCMA because they didn't describe the allegations properly. If the allegations had been properly described, the dismissal would probably have been fair.

It's extremely important for you to understand how to draft allegations properly. Make sure you use these tips to draft watertight allegations for your employee's disciplinary hearing.



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