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Revealed: What are your duties if you're the chair person at a disciplinary hearing

by , 07 January 2014
Being the chairperson of a disciplinary hearing isn't something you should take lightly. There are certain duties you have to adhere to. Read on to find out what they are so you can avoid a trip to the CCMA.

As mentioned, you have duties as chairperson of a disciplinary hearing.

Here's what you must do if you're the chairperson of a disciplinary hearing

The Labour Law for Managers Loose Leaf Service says you have five roles as chairperson.

You have to:

  1. Control the hearing;
  2. Hear and gather the evidence presented by both the employer and the employee;
  3. Decide if the employee's guilty or not;
  4. Hear any mitigating circumstances; and
  5. Decide on an appropriate corrective measure.

That's not all.

  • You have to be impartial and you can't be unduly influenced either. So make sure:
  • You aren't in any way involved in the incident you're hearing;
  • You aren't involved in investigating or preparing the matter;
  • No-one has given you a brief on the matter;
  • You haven't had any sort of conflict with the accused;
  • You don't have any reason for bias against the employee;
  • You have the skill to chair the disciplinary hearing at the level of complexity; and
  • You aren't junior to the complainant.

Be warned! If you dismiss an employee and he takes you to the CCMA, you have to prove you followed a fair procedure. Make sure you keep proper minutes and all documents that show procedural fairness.

The bottom line: If you're the chairperson of the disciplinary hearing, you have to make sure the process is fair. If you don't and make the decision to dismiss the employee, he can take you to the CCMA for unfair dismissal.

So now that you know all your duties as chairperson of a disciplinary hearing, follow them to avoid landing at the CCMA.

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