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Use this free checklist to correctly present evidence at a disciplinary hearing

by , 29 November 2016
Use this free checklist to correctly present evidence at a disciplinary hearingOne of the most important steps of a disciplinary hearing is presenting evidence.

It's crucial that you get this process right. It'll go a long way towards ensuring the disciplinary hearing is procedurally and substantively fair.

Here's a checklist we recommend you use if you're not sure how to present evidence at a disciplinary hearing.


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Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA!
 

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Here's a checklist to help you present evidence at a disciplinary hearing

Below, the experts behind the Labour Law for Managers Loose Leaf Service give you a checklist to help you present evidence at a disciplinary hearing:

#1: Instruct your witnesses to tell the truth and to keep to the point.

#2: Bring only reliable witnesses who have told you in advance what they're going to say.

#3: Get your witnesses to verify your documentary evidence.

#4: Don't ask your witness leading questions.

A leading question is when you phrase a question in a manner that tends to suggest the answer you want.

#5: When it's your turn to question the witnesses of the accused employee, you can:
 
  • Ask leading questions;
  • Deny everything that you disagree with; and
  • Point out inconsistencies in their testimony. For example: 'We deny that John and Makosi were suited to the job. You said yourself earlier that they needed training.'
 
Don't let the hard work of gathering evidence go to waste! Present evidence properly at a disciplinary hearing to ensure it's procedurally and substantively fair.

Don't let the CCMA rule your disciplinary hearing decision 'unfair'

Chairing a disciplinary hearing isn't easy.
 
With all the disciplinary codes and procedures you have to remember...
 
The roles and rules you need to adhere to...
 
The different questions you need to ask...
 
The different types of evidence that can legally be presented...
 
There are dozens of things you need to keep in mind to give each employee a fair hearing.
 
But what if I told you that chairing a hearing that follows the right disciplinary process is as easy as five simple steps?

Find out more here

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