What is a disciplinary hearing and when should it be held?

A disciplinary hearing is a meeting between an employer and an employee when the employer wish to discuss an allegation of gross misconduct with an employee (or any other behaviour that merits disciplinary action). Holding a disciplinary hearing ensures two things: that a fair procedure is followed and that there is substantive reason to dismiss the employee.

Employers have workplace rules and regulations that all Employees must abide by. In a situation where an Employee allegedly does not adhere to such workplace rules and regulations the Employer may take steps to decide on their guilt and where necessary, the form of discipline.

A disciplinary hearing is held after a Notice to attend a Disciplinary Hearing was handed or given to the employee due to his alleged conduct. Before an Employer makes a punitive or non-punitive decision based on the conduct of an Employee, a Disciplinary Hearing must be held to accurately determine the facts and merits of the charges leveled against and Employee and to allow the Employee to make representations by way of leading evidence, utilizing witnesses in their defence and cross examining the Employer’s witnesses, if any. This process is governed by Schedule 8 of the Labour Relations Act 66 of 1995 titled the Code of Good Practice: Dismissal (herein after referred to as “the Code”).

If you need any assistance with a Disciplinary Hearing, kindly contact CGG INC. Attorneys on 010 109 0941.

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