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Guidelines for
Disciplinary hearings
Many employees do not know how disciplinary action or hearings
against them must take place. By following these basic rules you can defend
yourselves.
1. The person against whom
charges are being brought must be informed of the charges, preferably in
writing, in a language that he may reasonably be expected to
understand.
2. He must be informed of
the place, date and time of the hearing.
3. He must be allowed
presentation at the hearing whether by a colleague or a trade union
representative. The representative will only be in workplaces in which the
particular trade union has organizational
rights.
4. A trade union shop
steward is generally a co-worker, i.e. not an employee of the trade
union.
5. Reasonable time must be
given for the person being charged to prepare for the
hearing.
6. The individual facing
charges can call witnesses to testify on his
behalf.
7. He can question the
employer’s witnesses.
8. He must be given an
opportunity at a hearing to put his case.
9. It is very
important that the people facing charges should state his case to the
employer’s witnesses. If he disagrees with their testimony he must make this
clear and provide reasons for disagreeing.
10. The right to remain
silent should be preferably not exercised, except in cases that may lead to
criminal charges (e.g. fraud, theft or
assault).
11. Remember a guilty plea
to the charges means that you will not be able to bring subsequent charges
against the employer.
12. After the hearing, the
employer must inform you (preferably in writing) of the
outcome.
13. If the hearing result
in dismissal, the employer must furnish reason for the dismissal and of all
rights that you may have to challenge the
finding.
14. The challenge may
include the right to appeal, but the latter is not legally required and
therefore not compulsory. The employer is, however, compelled to allow if there
is a collective agreement between the employer and the workers or trade
unions.
15. The employer must
also inform the dismissed worker of his right to refer the matter to the
relevant bargaining council or the Commission for Conciliation, Mediation and
Arbitration (CCMA).
16. An alleged unfair
dismissal must be referred to the relevant body within thirty (30)
days.
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