PROTOCOL AT DISCIPLINARY HEARINGS

  • All evidence and questioning should take place under the guidance of the Chairperson of the disciplinary hearing.
  • The investigation (hearing) should be conducted in an orderly fashion and no disorderly conduct should be entertained.
  • The Chairperson should first call the witnesses in support of the charge(s).
  • Once a witness has completed his or her testimony, the Chairperson should allow the accused or the accused representative to question the witness.
  • After the accused or the accused representative has completed questioning a witness, the Chairperson should allow the employer's representative the opportunity to ask clarifying questions.
  • The accused should be allowed to testify himself/herself and to call witnesses.
  • Once a witness has completed his/her testimony, the Chairperson should allow the employer's representative the opportunity to question the accused and his/her witnesses.
  • After the employer's representative has completed his/her questioning of the accused and his/her witness, the Chairperson should allow the accused or his/her representative the opportunity to ask clarifying questions.
  • The Chairperson may ask questions to the witnesses and the accused.
  • Witnesses should be called one-by-one, and should be excused when they have completed their testimony.
  • The Chairperson should decide on any adjournments.
  • The Chairperson should decide whether or not the accused is guilty as charged.
  • If the Chairperson finds the accused guilty, the accused should be provided with an opportunity to address the Chairperson with regard to mitigating circumstances before the Chairperson decides on the disciplinary sanction.
  • If the accused disagrees with the Chairperson's decision, he/she may use the procedures as describe in the Labour Relations Act.

It is advised that you make use of one of our labour attourneys to assist you during a disciplinary hearing to ensure that the process is fair. Our advisors can be contacted at (012) 460 7330.