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When should you notify your employee of his disciplinary hearing?

by , 12 September 2014
You probably know that a formal disciplinary hearing is necessary when dismissal could be an outcome.

And that in terms of labour law, you must conduct disciplinary hearings with procedural and substantive fairness and if you fail to do this and you dismiss, your employee could take you to the CCMA for unfair dismissal.

But do you know the most basic thing about disciplinary hearings: When to notify your employee of his hearing?

If not, keep reading to find out the answer so you can ensure your employee's disciplinary hearing is legally compliant.


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Here's when to notify your employee of his disciplinary hearing


You must give your employee adequate written notice prior to the formal disciplinary hearing.

According to the experts behind the Labour Law for Managers Loose Leaf Service, in terms of common practice, you must give a minimum period of 24 hours' advance notice.

The experts go on to say; however, in many cases the circumstances will require you to give longer advance notice. This usually happens if the case is complex, you're dealing with a lot of charges or you're having trouble preparing information.

When you notify your employee of the disciplinary hearing, remember to include the following things:
 

  • The name of the employee;
  • Details of the disciplinary hearing;
  • The date, venue and time of the disciplinary hearing;
  • The alleged offence (for example, you're accused of giving favours for bribes in that you employed John Brown and Jane Black in return for payment of R1 000 each and despite the fact that neither of them was suitable for the job.);
  • Precautionary measures (for example, you're suspended with full pay from duties pending the hearing.); and
  • Your employee's rights (for example, his right to have someone representing him, his right to call witnesses, his right to an interpreter, etc.)
 
Knowing when to notify your employee of his disciplinary hearing will help ensure the hearing is legally compliant.

PS: We strongly recommend you check out the "You're Fired!" Your guide to substantive and procedurally fair dismissals. It has all the information you need to make sure your dimissals are legally compliant.



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