Guidelines For Disciplinary Hearings In The Workplace

Employers need to ensure that they follow a procedurally and substantively fair process when conducting a Disciplinary Hearing. Employees also need to be aware of their rights to ensure that they are well equipped for the process. This article endeavours to outline and provide clarity in respect of the steps necessary for a Disciplinary Hearing to be regarded as fair.

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 levelled against and Employee and to allow the Employee to make representations by way of leading evidence, utilizing witnesses in their defense 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").