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Use this checklist created by HR experts to ensure your disciplinary processes are procedurally fair

by , 02 November 2015
One of our readers is busy planning a disciplinary hearing for one of her employees. The employee is charged for theft.

The reader asked on the labourandhrclub, how she can be sure their disciplinary processes are correct and legal because she doesn't want to end up at the CCMA.

The answer is simple, all disciplinary processes need to be procedurally fair. This is according to the Labour Laws.

And to check if your processes are procedurally fair, you can use this checklist below created by our HR and Labour experts...

**Author recommends**

Everything you need to know about substantively and procedurally fair disciplinary hearings
 
So… Your employee's guilty of misconduct... You can't simply dismiss him. 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 make sure the disciplinary hearing is substantively and procedurally fair.

Here's how...
 
***

 
Checklist: Verify your disciplinary procedures are procedurally fair

•    Was the original complaint received in writing?
•    Was the complaint fully investigated?
•    Were all aspects of the investigation recorded in writing?
•    Were written statements taken down from the complainant and all witnesses?
•    Was the accused advised in writing of the date, time and venue of the disciplinary hearing?
•    Does the accused have reasonable time to prepare his defence and appoint a representative?
•    Was the accused advised in writing of the full nature and details of the charge/s against him?
•    Was the accused advised in writing of his/her rights?
•    Did the complainant provide copies of all written statements to the accused?

If you answer 'yes' to all these questions, your disciplinary procedure is likely to be procedurally fair.

Turn to chapter D09: How to make sure your disciplinary process is fair of your Practical Guide to Human Resources Management for a full and detailed checklist to verify your disciplinary procedures are procedurally AND substantively fair. Get your copy here if don't have one already.
 


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