This checklist will guarantee your disciplinary hearing is legally compliant

Simangele Mzizi, Fsp Business, 14 Aug. 2014

Tags: discipline, disciplinary hearing, ccma

The golden rule when it comes to disciplinary hearings is: Your disciplinary hearings must be effective, fair and legal.

Unfortunately most employers ignore this rule and some just don’t know it. As a result, they land up at the CCMA where their hearings are ruled as unfair.

The good news is today we’ll help you avoid falling into the same trap.

Our experts have put together a useful checklist for you. They recommend you use it to ensure your disciplinary hearing is legally compliant.

******* New release ********
Follow these five steps to ensure you always hold a 100% legally compliant disciplinary hearing

We know you have more important things to do with your time than prove yourself to a guilty employee at the CCMA...

That’s why we’ve made chairing a legally water-tight hearing as easy as five steps.

Click here to ensure no-one can accuse your hearings of being unfair or biased.


To ensure your disciplinary hearing is legally compliant, use this checklist

#1: Investigate and prepare your case thoroughly before the hearing.

You can, for example, conduct your investigation by questioning all relevant parties and examining records (e.g. leave records, time sheets, invoices, correspondence.)

#2: Choose an unbiased and skilled Chairperson. If you overlook this, you’ll definitely find yourself at the CCMA.

Many employers have had the CCMA overturn their dismissal decisions not because the dismissal was considered inappropriate, but because the chairperson, an internal employee or manager, was unskilled in chairing hearings, says lvan lsraelstam, the Chief Executive of Labour Law Management Consulting.

We recommend you check out this article. It contains the five roles a chairperson of a disciplinary hearing has.

#3: Give the accused every chance to prepare and defend his case. Make sure you notify your employee of the hearing in writing.

#4: Base the outcome on the facts. The Chairperson must establish from the facts and on the balance of probabilities whether the employee is guilty or not.

#5: Ensure the penalty is appropriate for the offence. The Chairperson must decide on an appropriate sanction by taking into account things like the seriousness of the offence or if it’s the first time an employee is committing the offence.

#6: Record the hearing so you can prove you complied with the law.

There you have it. If you use this checklist, your disciplinary hearing will be legally compliant.

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