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Four little-known factors you must consider to determine if it's fair to conduct a second disciplinary hearing

by , 02 September 2014
The general rule is that, you must never subject your employee to a second disciplinary enquiry for the same offence because it's unfair to your employee.

However, if you strongly believe a second disciplinary hearing is necessary, you can go ahead and conduct it when you're absolutely certain you'll pass the fairness test.

To pass the fairness test, you must consider the following little-known factors. They'll help ensure you avoid any legal comebacks because you'll be able to prove it was fair to conduct a second disciplinary hearing.


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To hold or not to hold a second disciplinary hearing? To answer that question, consider these four little-known factors 
 

The reason we say 'little-known factors' is because these are the things the courts take into account when determining whether it's fair to conduct a second enquiry and most employers don't know about these.

But to make sure your second hearing is above board, you must follow what the courts do.

Here's what you must consider: 

#1: Whether the presiding officer conducted the first hearing in good faith (for example, he conducted the first hearing properly, followed proper procedures and made sure the hearing was fair, etc.);

#2: Whether the presiding officer had the power to make a final decision or only a recommendation;

#3: Whether the first hearing was in line with your disciplinary code; and

#4: Whether your disciplinary code provides for a second disciplinary hearing to take place.

There you have it. If you want to avoid legal comebacks, make sure you consider all these factors when determining whether it's fair to conduct a second disciplinary hearing. This will help ensure you pass the fairness test.
 

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