Disciplinary Hearings
A disciplinary hearing is a formal process used by an employer to deal with issues relating to an employee’s work and issues for example misconduct due to unacceptable or improper behaviour.
Labco assists our members to gather information regarding misconduct in the workplace. We assist our members with suspension notices and drafting of the hearing notices.
What process do we follow during a Disciplinary Hearing?
- An independent Chairperson will be assigned to chair your Hearing. (This chairperson is not an employee of the Employer/Company.)
- The Company will nominate a Company Representative to supply the reason for the hearing (company statement / version), to the Chairperson.
- The Chairperson will introduce all the parties to the hearing at the start of the hearing.
- The Chairperson will conduct housekeeping, in that:
- Ask what language preference is required;
- Ask if an interpreter is required; and
- Ask if the Accused is making use of any representation (refer to point 4(a) of the Notice to Disciplinary Hearing).
- The Chairperson will explain the procedure and rights, and ask you the following questions:
- Do you wish to be represented by a fellow employee?
- Did you receive enough notice of the hearing?
- Do you understand your rights as listed on the Notice of Disciplinary hearing?
- Do you recognize the disciplinary code?
- The Chairperson will explain the procedure to be followed, in that:
- Company Statement / Version.
- Cross-Examination of the Company Statement / Version.
- Accused Statement / Version.
- Cross-Examination of the Accused Statement / Version.
- Witnesses’ testimony.
- Cross-Examination of Witnesses.
- Aggravating, Mitigating Factors and Sanction requested by the Company.
- Mitigation by the Accused.
- The hearing will conclude, and the Chairperson will supply a written report with his/her recommendations, based on the evidence presented by both parties to theCompany/Employer.
- The Company / Employer will supply the Accused with a copy of the Chairperson’s report.
