Disciplinary hearings must be held in cases where an employer believes their employee is guilty of misconduct. The purpose of the disciplinary enquiry is to find out whether the employee has indeed committed misconduct.
If action is taken against an employee in circumstances where no disciplinary enquiry was held, such action is considered to be procedurally unfair in terms of the Labour Relations Act.
In the hearing all parties involved will have an opportunity to state their case to a chairperson. The chairperson considers the evidence and makes a ruling whether they are of the view that a misconduct has been committed.
Once the chairperson has found that a misconduct was committed, they issue a recommendation as to the appropriate disciplinary sanction which must be imposed on the employee.
We are able assist employers in the following ways:
- Preparing the Disciplinary Notice;
- Providing an attorney to act as chairperson of the disciplinary enquiry;
- Making available our board room as a neutral venue for the disciplinary enquiry to take place;
- Mechanically recording the record of the disciplinary enquiry, and providing our clients with a transcription of the proceedings.