Are you the Chairperson for a disciplinary hearing?
If so, then it is very important that you know the structure around representation during a disciplinary hearing.
Here are six points that you will need to tick off when it comes to representation during a disciplinary hearing:
1. An employee has the right to be represented by a co-employee or shop steward.
2. If the employee is a shop steward, you should allow representation by a trade union official after the union is informed of the hearing.
3. If there is a request for legal representation, you MUST at least consider. You can't simply refuse it without consideration and justifiable reasons.
Don't let the CCMA rule a disciplinary hearing 'unfair' under your watch
When it comes to chairing disciplinary hearings, you can't afford to make any errors.
If you make one mistake the hearing will be ruled as unfair.
4. Ask the employee to give reasons for why he needs legal representation.
5. Does the employment contract say anything about legal representation? If it give the right to it, then you must allow legal representation.
Even if it refuses legal representation, you must still consider it and determine if it will be fair to refuse the request.
6. If you decide to refuse legal representation, remember to provide valid reasons for doing so.
So, if you are the Chairperson in a hearing, there are six points you need to know about representation. This includes requests for legal representation.
To learn more, click below…
Protect yourself from labour-related problems by using this practical tool
The comprehensive Labour Law for Managers Loose Leaf Service gives you all the details you need for maximum protection in labour-related problems. You will find, for example:
• Information on the problem areas managers have to handle in the workplace daily, and appropriate solutions;
• Valuable advice for employers, based on the ever-changing legislation;
Sample contracts, dismissals
and warning letters, etc;
• Numerous practical checklists; and
• Much more…