Disciplinary Hearing Procedure South Africa (Step-by-Step Guide)
Introduction
A disciplinary hearing is a formal process used by employers to determine whether an employee is guilty of misconduct. It must be conducted fairly to comply with South African labour law.
Step-by-Step Process
1. Issue Notice of Hearing
The employee must receive written notice outlining the charges, date, and time.
2. Explain the Charges
Charges must be clear and specific.
3. Allow Representation
Employees may be assisted by a colleague or representative.
4. Present Evidence
The employer presents witnesses and documents.
5. Cross-Examination
The employee may challenge evidence.
6. Make a Finding
Based on the balance of probabilities.
7. Decide on Sanction
Consider mitigating and aggravating factors.
Common Mistakes
- No proper notice
- Poorly drafted charges
- Biased chairperson