The Golden characteristic is…
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The characteristic I'm talking about is impartiality of course. You can't have a bias Chairperson overseeing a hearing. All this will do is make the entire hearing unfair.
When appointing a chairperson, you should look for someone who:
· Is in no way involved in the incident that led to the hearing;
· Wasn't involved in the investigation of the matter;
· Hasn't been told about the matter;
· Hasn't had previous conflict with the accused;
· Has no reason to be biased against the accused;
· Has adequate skills that are required to chair a disciplinary hearing; and
· Is not a junior to the Complainant.
If someone within your company meets those criteria, then they can chair the hearing without any risk of impartiality during it. But if there's no one in your company who meets the above-mentioned criteria, then you can appoint someone from outside. This will help you ensure neutrality.
While the law doesn't necessarily require a neutral Chairperson (for example, the owner can be both the complainant and the Chairperson), it's highly advised that you find one as it'll help protect you for when the employee wishes to challenge her impartiality during the hearing.
*To learn more great tips and information on disciplinary hearings, flip over to Chapter D 01: Disciplinary hearings,
in your Labour Law for Managers
handbook, or click here
to order your copy today.