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I've drafted incorrect allegations for the disciplinary hearing! What can I do?

by , 17 May 2016
As you already know, when disciplining an employee you must always ensure you hit the nail right on the head when it comes to describing the allegations against him.

So, you need to ensure the allegations you make in the disciplinary notice accurately describe what the employee actually did wrong, so that when the disciplinary hearing comes your employee could have prepared their case, and you can prove, by using all your evidence, exactly what it is you said your employee did wrong.

Failing to do all this could cost you a case at the CCMA. And that's why you simply have to describe your allegations properly!

But now what if you realise, later down the line, that your initial allegations aren't correct? Should you just accept your fate? Or is there something you can do?

Keep reading to find out...


Everything you need to know about substantively and procedurally fair disciplinary hearings
So… Your employee's guilty of misconduct. Let's say he took a company laptop home, without asking permission. It's a simple open and closed case of theft, isn't it?
Not so fast! You can't just say 'that's it, you're out of here' and think that's the end of that. No, you still have to hold a disciplinary hearing. You still have to give him a chance to defend his case, and explain why he did that.
You also have to prove that he did this. You have to spell it out for him and notify him you're going to discipline him. And you have to give him time to prepare his case.
And then there's even more to it… You have to have a disciplinary hearing so you can prove your case, and give him a chance to defend his… And this is where most employers fail.
But not you! Here's why…
What to do if you realise your allegations aren't correct
Don't worry! If you realise later on that the initial allegations you've made don't adequately describe the offence the employee committed, you can change them. But only as long as the Chairperson of the disciplinary hearing hasn't come to a decision yet.

Now, even though that might be the case, it's highly recommended that you first consider the following question before going ahead and changing the allegations…


Will the changes significantly change things to the degree that the employee may have to re-prepare himself for the hearing?
IMPORTANT NOTE: If you decide that it's necessary, you'll have to postpone the hearing so as to give the employee time to prepare accordingly to the changed allegations.

If you don't do this, you could risk the CCMA ruling the whole disciplinary process as unfair.                
*To learn more, page over to Chapter D 12: Disciplinary Hearings: Drafting the Allegations, in your Labour Law for Managers handbook.

Alternatively, click here to order your copy of this invaluable labour resource today.

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