Disciplinary hearing basics: Everything you need to know about leading evidence

Simangele Mzizi, Fsp Business, 11 Sep. 2014

Tags: disciplinary hearing, disciplinary hearing and leading evidence, how to lead evidence at a disciplinary hearing

When it comes to your employee’s disciplinary hearing, the Chairperson of the hearing will:

• Introduce the parties to each other;
• Determine the language of preference;
• Find out if your employee needs an interpreter; and
• Establish whether your employee has someone to represent him.

The Chairperson will then read the charge out aloud and ask your employee if he understands its meaning and whether he pleads guilty or not guilty.

After this, the process of leading evidence will start.

Keep reading as we tell you everything you need to know about leading evidence so you can ensure your employee’s disciplinary hearing is legally compliant.

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Here’s what you need to know about leading evidence at a disciplinary hearing

According to the Labour Law for Managers Loose Leaf Service, the Complainant first leads evidence. He’ll do this by bringing witnesses and referring to documentary evidence, supported by witnesses.

Note: The Complainant is the person you assign as an employer to present the case against your employee.

You must instruct your witnesses to tell the truth and get to the point.

Remember, you can’t ask your witness leading questions (this is when you phrase questions in a manner that tends to suggest the answer you want.)

After the Complainant is done leading evidence, your employee will have a chance to cross examine him and the witnesses who gave evidence.

The next step is that your employee has to testify and lead his evidence.
The Complainant will also have a chance to cross examine your employee and his witnesses after each has given evidence.

When this process happens, the Chairperson is entitled to ask questions at any stage.

That’s all there is to leading evidence.

Now that you know how to lead evidence, ensure your employee’s disciplinary hearing is legally compliant.

PS: to find out what happens after leading evidence, check out the Labour Law for Managers Loose Leaf Service.

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lameck m 2015-04-07 16:07:15

can you sent me set of questions that can be asked for an employee who receipted money without putting a carbon paper and destroy evidence.


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