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Six key elements HCI must follow to conduct a legally compliant disciplinary hearing on executive chairman, Marcel Golding, next week

by , 24 October 2014
On Wednesday, Hosken Consolidated Investments (HCI) announced that it suspended its executive chairman Marcel Golding pending a disciplinary enquiry into allegations of serious misconduct.

Disciplinary proceedings will get underway on Monday, 27 October.

While the reasons behind Golding's suspension aren't clear, one thing is certain: HCI must conduct a legally compliant disciplinary hearing if it hopes to avoid legal comebacks.

Take a look at the six elements it must follow to do this, so you can follow them too when you conduct a disciplinary hearing in your workplace.


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Six key elements of an effective and legally compliant disciplinary hearing
 

Element 1: Investigate and prepare your case thoroughly before the disciplinary hearing.
 
Element 2:Choose an unbiased and skilled Chairperson.
 
Element 3: Ensure the accused has a chance to prepare and defend his case.
 
Element 4:  Base the outcome of the hearing on the facts.
 
Element 5: Ensure the penalty is appropriate to the offence.
 
Element 6: Record the hearing so you can prove you complied with the law.
 

When it comes to a disciplinary hearing, always remember this…
 

A formal disciplinary hearing is necessary when dismissal could be an outcome. You need to investigate the allegations thoroughly. This will tell you if:
 
  • There's any validity in the allegations;
  • You have enough evidence to prove the charges; and
  • The charges are serious enough to merit a disciplinary hearing. If not, you can decide to drop the matter or deal with it through a counselling session or a warning.
 
Knowing the six elements of an effective and legally compliant disciplinary hearing will help ensure your disciplinary hearing is both substantively and procedurally fair.
 
If you find yourself in HCI's position, we recommend you check out The Chairman's Guide to Disciplinary Hearings: How to Chair 100% Legally Compliant Hearings. It will help you chair a legally compliant hearing every step of the way.

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