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Seven things your disciplinary hearing chairperson must take into account when deciding an employee's penalty

by , 03 September 2014
One of the key people involved in your employee's disciplinary hearing is the chairperson. His role includes:

1. Controlling the hearing;
2. Hearing mitigating circumstances;
3. Hearing and gathering the evidence presented; and
4. Deciding on an appropriate sanction or penalty.

For the purposes on this article, we'll focus on role number four: Deciding on an appropriate sanction. That's because most chairpersons get this part wrong and, as a result, the dispute ends up at the CCMA and the hearing gets ruled as unfair.

Don't let this happen in your workplace, make sure your disciplinary hearing chairperson takes these seven things into account when deciding an employee's penalty.


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Don't let the CCMA rule a disciplinary hearing 'unfair' under your watch

When it comes to chairing disciplinary hearings, you can't afford to make any errors.

If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today

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Here are the seven things your disciplinary hearing Chairperson must take into account when deciding an employee's penalty
 

Experts behind the Labour Law for Managers Loose Leaf Service say the Chairperson must decide on an appropriate penalty by taking into account the following things:
 

  1. The seriousness of the offence;
 
  1. Extenuating circumstances in which the offence occurred;
 
  1. Similar previous offences committed by the employee;
 
  1. Other similar valid warnings on the employee's record;
 
  1. The employee's service records;
 
  1. Aggravating and mitigating circumstances; and
 
  1. The manner in which similar offences elsewhere in the organisation were dealt with in the past.
 
Remember, 'many employers have had the CCMA overturn their dismissal decisions not because the dismissal was considered inappropriate, but because the Chairperson, an internal employee or manager, was unskilled in chairing hearings,' says lvan lsraelstam, the Chief Executive of Labour Law Management Consulting.
 
To avoid any legal comebacks, make sure your disciplinary hearing Chairperson considers these seven things when deciding an employee's penalty.



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