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.
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.