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Warning: Describing allegations incorrectly could be why you lose your case at the CCMA

by , 07 August 2013
Many employers lose their cases at the CCMA because they didn't describe the allegations (for disciplinary hearing) properly. If the allegations had been properly described, the dismissal would probably have been fair. Luckily your company can avoid this. Here are three rules you must follow to ensure you draft allegations correctly.

When your employee does something wrong and you need to hold a disciplinary hearing, you must decide what the allegations against him will be.

And that's why you must draft the allegations properly so when the hearing takes place, you can prove that he did what you said in the notice. If you make a mistake in the beginning, rather amend the allegations before the hearing is finished than carry on with incorrectly worded allegations, says the Labour Law for Managers Loose Leaf Service.

Getting this wrong is as good as giving your employee blank cheque to take you to the CCMA where you're likely to lose your case.

Is that a risk you're prepared to take?

To make sure you comply with the law, here are three rules to follow when you describe the allegations:

Follow these three rules when describing allegations for a disciplinary hearing

  1. Do it in writing and make sure the writing is legible (or that the allegations are typed).
  2. Don't use a language the employee won't understand, if necessary have the allegations translated into his language.
  3. Keep the description simple. You must stick to a clear and concise factual description of what your employee did wrong.

These three rules will help you to describe the allegations correctly. Be sure to follow them or be prepared to lose a CCMA case.



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