Disciplinary hearings 101: THIS one mistake could make you lose your case at the CCMA

Simangele Mzizi, Fsp Business, 04 Aug. 2014

Tags: disciplinary hearings, how to describe allegations for a disciplinary hearings, ccma

Let’s say your employee does something wrong. You make a decision to have a disciplinary hearing as per your company’s policy.

You then decide what the allegations against him are and you call him to your office for two minutes to notify him of the disciplinary hearing.

You think to yourself you’ve done everything right.

We hate to bust your bubble, but you’ve missed something. And this one error will earn you a trip to the CCMA where you’ll lose your case…

****** New release *******
Don’t let the CCMA rule a disciplinary hearing “unfair” under your watch

When it comes to chairing disciplinary hearings, you can’t afford to make any errors.

If you make one mistake the hearing will be ruled as unfair.

Discover the five steps you need to take to hold a legally compliant disciplinary hearing today


Don’t be that employer who loses a CCMA case because of THIS mistake

The thing you missed is failing to describe the allegations properly. And it could make you lose your case at the CCMA.

That’s right.

Experts behind the Labour Law for Managers Loose Leaf Service say many employers lose their cases at the CCMA because they didn’t describe the allegations properly and dismiss the employee.

You see, if you don’t describe allegations properly, he’ll challenge his dismissal later on by saying the hearing was unfair. He’ll take you to the CCMA where you’ll probably lose your case.

So the moral of the story is you must describe allegations properly.

If the allegations are right, the dismissal will probably be fair. So, it’s important for you to know how to draft allegations properly.

To make sure you comply with the law, here are three rules to follow when you describe the allegations…

*********** Hot off the press ************
Know the difference between insubordination, gross insubordination and insolence

There's a fine line between insubordination, gross insubordination and insolence of an employee. Do you know the difference? How would you discipline an employee in each instance? If you get it wrong you could lose at the CCMA!

Find out how to discipline in each case so it doesn’t land up costing you!


Disciplinary hearings: Follow these three rules when describing allegations

#1: Do it in writing. Calling your employee to your office to tell him about the allegations against him and about his disciplinary hearing verbally is a big no-no. You must put the allegations in writing in the notice of disciplinary hearing and give him this document.

#2: Don’t use a language your employee won’t understand. If you need to, translate them into his language.

#3: Keep the description simple. Stick to a clear and concise factual description of what you say your employee did wrong.

Now that you know the one mistake that could make you lose your case at the CCMA, avoid it at all costs.

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