Disciplinary hearings are a formal process used by employers to address alleged misconduct or poor performance by employees. The purpose of a disciplinary hearing is to determine whether the employee's behaviour or performance warrants disciplinary action, and if so, what the appropriate action should be.
Disciplinary hearings in South Africa are governed by the Labour Relations Act (LRA) and the Code of Good Practice on Dismissal. These laws set out the procedures that employers must follow when conducting disciplinary hearings and the rights of employees who are subject to disciplinary action.
Services We Provide
We understand the challenges that employers face while conducting fair and legally compliant disciplinary hearings. We offer professional chairing services that can benefit both employers and employees in several ways:
Expertise in Employment Law
Our consultants have a deep understanding of South African employment law and the disciplinary hearing process. We stay up-to-date with the latest legal developments to ensure that disciplinary hearings are conducted in compliance with applicable legislation.
Impartiality and Objectivity
As independent chairpersons, we bring impartiality and objectivity to the disciplinary hearing. This ensures a fair and unbiased process, giving both employers and employees confidence in the proceedings.
Legal Compliance
Our chairing services ensure that your disciplinary hearings adhere to the requirements of the LRA and other relevant legislation. By following proper procedures, the risk of disputes and legal challenges is minimized.
Enhanced Efficiency
Our experienced consultants streamline the disciplinary hearing process, facilitating efficient resolution of the matter. We guide the proceedings, ensure adherence to timelines and help maintain order and decorum.
Our consultants provide assistance to companies by discussing and advising whether offences are severe enough to be escalated to a disciplinary hearing, formulation of the charges for the offence, drafting of suspension letters, notice to attend disciplinary hearings as well as notice of dismissals, should the accused employee be found guilty and dismissal is in line with the Companies code of conduct.
We guide and lead the whole disciplinary hearing process, to ensure compliance with the LRA and the Code of Good Practice on Dismissal, as well as reporting on the proceedings of the disciplinary hearing with reference to relevant case law. We further also assist with the correct documentation that needs to be presented after the disciplinary hearing like a certificate of service and completion of UI19 forms.
Employee Rights in Disciplinary Hearings
Employees who are subject to disciplinary action have certain rights that are protected under South African law. These rights include:
The right to receive a notice with enough time to prepare
The right to be heard
The right to representation
The right to an interpreter
The right to appeal
Disciplinary Procedures in the Workplace
Employers are required to follow a fair and consistent disciplinary procedure when taking disciplinary action against an employee. This includes:
1
Investigation
2
Notification
3
Disciplinary hearing
4
Outcome
5
Appeal