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A Step-by-Step Guide
How to conduct a Disciplinary Hearing
A PEOPLEPLUS PUBLICATION
Copyright Peopleplus Page 2
Preface
Since the introduction of the new Labour Relations Act (LRA) of 1995 into South African Labour Legislation, the professional management of discipline at company level continues to be crucial. The general view that disciplinary policies should not be instruments of punishment but rather fair procedures to be implemented in correcting unsatisfactory employee behaviour continues to find wide acceptance. The purpose of this guideline is to provide management with the knowledge to handle issues of a disciplinary nature with confidence. Prepared by Rodney De Villiers of Peopleplus Published in October 2014 by Peopleplus 90 Hennie Alberts Street Brackenhurst Alberton P.O Box 0562 Verwoerdpark Alberton 1453 Telephone Number (011) 867-7971 www.talenger.com / www.peopleplus.co.za / www.myhr.co.za
This is not a work of final reference. While every attempt is made to ensure that the information published is accurate, the editors, publishers and printers take no responsibility for any loss or damage that may arise out of the reliance by any person upon any information it may contain. Copyright vests in Peopleplus. No part of this publication may be reproduced or distributed in any form or by any means without the prior written permission of Peopleplus.
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Contents
SECTION DESCRIPTION PAGE NUMBER
1 The Principles of the Code of Conduct 5 – 9
1.1 The importance of a Disciplinary Code of Conduct 5
1.2 The principles of applying the discipline in the organisation
5
1.3 Procedural Guidelines 5
1.4 What is not allowed 6
1.5 What is the fairness principle 7
1.6 What are the Fair Discipline Measures 8
1.7 How to determine the right sanction 9
2 Minor Offences 9
2.1 General 9
2.2 The steps to follow 9
2.3 Types of minor offences 9
2.4 Duration of the offence 9
3 Serious Offences 10 – 13
3.1 General 10
3.2 Steps to follow 10
3.3 Types of serious offences 12
3.4 Duration of the offence 12
3.5 Important no Note! 13
4 Conducting the Hearing 14 – 17
4.1 General 14
4.2 Roles and Responsibilities 14
4.3 The Process 15
4.4 Hearing in Absentia 17
5 The Appeal Process & Rights 18 – 19
5.1 The rights of the employee 18
5.2 The appeal process 18
5.3 Deciding on the outcome 19
5.4 Mitigating and aggravating circumstances 19
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6 Corrective Measures 20 – 21
6.1 Different types of corrective measures 20
6.2 Duration of warnings 20
6.3 Maximum corrective measures 21
Support Tools 22 - 29
Disciplinary Hearing checklist
Deciding on the finding
Format of minutes
Outcome of hearing
Acknowledgement by the offender
Appeal application form
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YOUR STEP-BY-STEP GUIDE
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Section 1 The Principles of a Code of Conduct
1.1 The importance of a Disciplinary code of Conduct
A disciplinary Code provides guidelines in which a manager can
apply discipline in the organisation. It provides guidelines in terms
of how severe the discipline should be applied in order to obtain
corrective behaviour.
1.2 The Principles of applying Discipline in the Organisation
The primary objective when applying discipline is to find a
workable solution to correct behaviour in the workplace and
this is based upon the following:
Standard of Conduct in terms of ensuring that every
employee is aware of the company code of conduct;
Fair Application in the way that each misconduct is dealt with
as well as the sanctioning that goes with it.
To apply a corrective approach rather than punitive;
To apply discipline without prejudice, meaning that
consideration will be given to all facts.
Every employee has the right to appeal should he or she feel
aggrieved about the outcome of a disciplinary hearing.
1.3 Procedural Guidelines
Procedural guidelines are normally based upon the following:
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1.3 Procedural Guidelines (continued)
The focus should be on corrective rather than punitive
measures;
The disciplinary hearing and the decision should be based
upon equity and fairness;
An employee who has been accused shall be afforded an
opportunity to state his or her case and to defend him or
herself;
Only the facts and circumstances relevant to the alleged
misconduct must be taken into consideration.
Employee’s / Accused’s Rights:
o To be represented by a fellow employee
o Translation if required
o State his/her case
o Bring witnesses
o Have a right to appeal
1.4 What is not allowed?
Any person in a managerial position may not act as a
representative for his immediate subordinate;
No legal representation is allowed;
The Accused may not use external representation;
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1.5 What is the Fairness Principle?
There are 5 fairness principles that should be applied when
determining a verdict:
Be objective and focus on the facts and not the person
involved;
Allow the accused to prepare for the case and to state
his/her case;
Apply lawfulness i.e., is the employee being victimised etc.
Apply procedural fairness i.e.:
o The employee must be charged within a reasonable
time of the offence being committed
o He or she must be notified in order to gather their
facts;
o Notify the employee of the possible outcome for
example if the offence is of a serious nature which
could lead to dismissal;
o Notify the employee of his/her rights;
Apply substantive fairness:
o The prescribed standard of counduct must be
reasonable and legitimate;
o The prescribed standard of conduct must have been
known to the employee or the employee could
reasonably have been expected to have known of the
existence of the rule and the prescribed standard of
conduct must have been regularly and consistently
enforced;
o The prescribed standard of conduct must have been
broken / breached.
1.6 What is Fair Disciplinary Measures?
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Determine the question of guilt or innocence;
Determine the sanction which would be appropriate.
1.7 How to Determine the Right Sanction
Focus on the gravity of the offence and find out whether it is
in contravention with a standing rule in the company;
Whether it is consistently applied in the past;
Was the employee aware of the rule;
Furthermore:
Allow the employee to plead factors for mitigation such as
length of service, personal circumstances, attitude etcetera;
Also allow the mitigated a chance to state aggravation (i.e.
length of service, place where conduct took place,
employee’s position in the company, remorseless attitude,
previous disciplinary records etc);
Provide the employee with the finding in respect of the
disciplinary measure in writing
Warn the employee of further disciplinary consequences
should this misconduct occur again.
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Section 2 Minor Offences
2.1 General
Minor offences have a minor impact and include aspects of any
unacceptable conduct or breach of contract such as poor timekeeping.
2.2 The Steps to Follow
Step 1: Verbal warning or counselling in the event that it is a first offence.
This could include counselling an employee and is normally not recorded
on an employee’s file in a formal manner. However, an e-mail is
acceptable to confirm such a counselling or discussion session.
Step 2 A written warning: in the event that an employee repeats a minor
misconduct for which he or she has previously been verbally warned, then
a written warning can be issued. Please note the length of the validity of
the offence in terms of the company’s code of conduct.
Step 3 A Final Written Warning: is deemed to be an action short of dismissal.
As such, no employee shall be issued with a final written warning
without a formal disciplinary hearing.
2.3 Types of Minor Offences
Negligence;
Leaving the place of work without permission whilst on duty;
Absence from work for three (3) consecutive days or less;
Reporting late for duty;
Rowdiness;
Poor work standards;
Treating fellow employees or superiors with disrespect;
Insubordination;
Failure to report illness or otherwise arrange for the circumstances to be reported to the immediate Line Manager, as defined in the Conditions of Service;
Extended or unauthorised breaks during working hours.
2.4 Duration of the Offence
Normally valid for a six month period.
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Section 3 Serious Offences
3.1 General
Serious offences have a serious impact on the employment relationship.
It is in most cases of such a serious nature that it is enough to warrant
dismissal.
Offence of this nature are serious enough to warrant dismissal, therefore
no sanction that may jeopardize the employment relationship may be
issued without a proper disciplinary hearing being held.
3.2 The Steps to Follow
Step 1: Investigate the Case: in Where it is alleged or suspected that an
employee has committed a serious disciplinary infringement, the manager
or delegated authority shall be informed of the circumstances.
On receiving the complaint, the manager must commission an
investigation into the facts of the alleged transgression to establish
whether sufficient grounds exist for a disciplinary hearing to be held, prior
to the initiation of such a hearing. The manager must establish the
following and must take statements where possible:
who was at fault and whether procedures;
What contributed to the problem;
Whether the alleged offence took and/or other offences took place;
What contributed to the perception that an offence occurred.
Step 2 Obtain Statements from Witnesses: The manager should obtain
statements from witnesses during the investigation process. The
manager is not obliged to make the statements available to the employee.
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Step 3 Request for Representation: The alleged offender may request
assistance and/or representation during the investigation from an
available fellow employee or union representative of his/her choice.
Step 4 Prepare the Charge Sheet: Once sufficient evidence gathered and the
decision has been made to proceed with a formal disciplinary hearing, a
charge sheet should be completed and signed off by the parties
concerned which include the manager who is instituting the discipline as
well as the alleged offender.
The Charge Sheet should contain the following information:
The name and clock number of the alleged offender;
The alleged transgression;
The date, time and place where the alleged transgression took place;
The offender shall acknowledge such receipt by appending their
signature to the charge sheet. A copy of such signed document will
be supplied to the Disciplinary Officer immediately;
The Rights of the Employee must be stipulated:
o Sufficient notification of the disciplinary enquiry and the
charges, in writing, must be given 5 days prior to the date of
the actual hearing taking place;
o The right to be present and to state his/her case;
o The right to representation by a co-employee;
o The right to present evidence in defence;
o The right to call witnesses;
o The right to respond to and cross-examine the employer’s
evidence and witnesses;
o The right o an interpreter if necessary.
Step 5 Issue Notice for Hearing: The Disciplinary Officer shall complete a
notice of hearing sheet and issue it to the alleged offender and a copy
shall be forwarded to the manager or delegated authority instituting
discipline.
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Such notice informs the alleged offender of the date, time and venue of
the hearing. Such notice also states that the alleged offender may call
any witnesses that either the employee being charged or manager
instituting, wishes to have attend the hearing.
The employee will be afforded an opportunity to prepare his/her case by
being given at least 3 – 5 working days for this purpose, prior to the
hearing being held (depending on the company’s code of conduct
stipulations).
3.3 Types of Serious Offences
Typical categories of serious offences include the following but are not
limited to:
Categories of serious offences
Absence from work without
permission for more than 3 days;
Desertion – where an employee is
absent for a period of 5 consecutive
or more days without permission.
Confirmation of termination will be
communicated in writing to the
employee’s last known address;
Gross negligence;
Sleeping on duty;
Under the influence of intoxicating
substance while on duty and/or on
the company premises;
Bribery or corruption;
Forgery or fraud;
Abuse of company property / e-mail
facilities;
Arson;
Unauthorised possession of company property
and or misappropriation thereof;
Abuse of confidential information that
endangers the security or economic viability of
the company;
In possession of firearms or dangerous objects;
Failure to comply with safety standards and or
procedures of OCHSA;
Practising or promoting political, religious or
cultural aims on company premises through
actions, documentation, slogans badges or in
any way whatsoever, without the prior
permission of management;
Theft
Gross violation of human dignity, including the
use of abusive language, swearing or
discrimination;
3.4 Duration of the Offence
Normally valid for a six month period.
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3.5 Important to Note
Charges Charges should be described as ALLEGED as the misconduct has yet
to be proved in the enquiry / hearing;
The charges must be clearly phrased to ensure an understanding of
the exact allegation;
There must be a reference made to the relevant provisions of the
Disciplinary Cove and of the policies of the organisation;
The charges must be distinctly defined in order to differentiate
between similar types of misconduct, for example, the distinction
between theft and misappropriation
Charge Categories Absenteeism
Control at work
Offences relating to disorderly behaviour
Offences relating to theft of fraud
Un-procedural and/or illegal industrial action
Offences relating to human dignity.
Suspension In certain cases where investigations are conducted against an
employee for an alleged misconduct, such an employee may be
suspended from his place of work with full pay.
This can be done at the discretion of the appropriate authority pending
the outcome of the investigation, provided that such suspension does
not unreasonably prejudice the employment rights of the employee.
Circumstances under which you can suspend will include issues
where a person might bring damage to your client base, might affect
your IT systems etc.
Section 4 Conducting the Hearing
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4.1 General
The Code of Good Practise recommends that employers still engage in
progressive discipline, meaning not to dismiss the first time but still to
issue warnings. However, this does not mean that a company may not
adopt a ZERO tolerance strategy in dealing with discipline.
4.2 Roles and Responsibilities
Prior to discussing the actual process, is it important to understand who is
responsible for what
Responsibility Role Definition
Alleged Offender An employee who is alleged to have committed an act of
misconduct shall be afforded a proper opportunity to state his/her
case and to defend him/herself, and if found guilty, to also appeal
against outcome of the disciplinary hearing.
CEO / COO The CEO/COO is the person duly authorised to act on his behalf,
makes a decision on an employee’s appeal against the decision of
a Presiding Officer or Line Manager in a discipline manner.
S/He also makes a decision on the recommendations of an
External Presiding Officer in and internal disciplinary hearing.
Complainant Files a complaint in writing to the relevant Line Manager.
Disciplinary Officer Will monitor and ensure that substantive and procedurally fair
principles are applied prior to and during the disciplinary hearing.
Investigating Officer Investigates and presents a report and evidence on behalf of the
Company. Where a mandate is given, acts as the manager
instituting discipline or alternatively, lead evidence on behalf of the
Company.
Manager Instituting Discipline
Commissions an investigation and/or institutes discipline and
presents evidence on behalf of the company.
Presiding Officer Will chair the hearing and make findings on evidence presented
and also issue a sanction. S/He will inform the offender of his/her
right of APPEAL.
Witnesses Present evidence on behalf of the company or the employee.
4.3 The Process
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The following process serves as a guideline process to be followed:
a) The Disciplinary Officer shall appoint a Presiding Officer;
b) The Disciplinary Officer shall arrange for an interpreter if necessary;
c) The disciplinary hearing shall be held in camera and only those
persons, who have to be present in terms of this procedure, may
attend the hearing. The admission of any other persons as observers
shall be subject to prior arrangement with the Disciplinary Officer;
d) The Disciplinary Officer will ensure that all persons required at the
hearing, as stipulated in the notice of the hearing sheet, are present at
the start of the hearing;
e) The Presiding Officer will chair the hearing and will introduce all
parties for the record;
f) The Presiding Officer will read the infringement as stated in the
charge;
g) The Presiding Officer will ask all witnesses to leave the room except
for the Manager or delegated authority instituting discipline;
h) The Presiding Officer will ask the alleged offender to state his/her plea
in response to the allegations;
i) The Presiding Officer will afford the person duly authorised to act on
behalf of the company, to present his/her case and allow for the calling
of witnesses, as well as the submission of relevant evidence;
j) The alleged offender or his/her representative will be granted an
opportunity to cross-examine evidence lead on behalf of the
Company;
k) The alleged offender or his/her representative will present his/her
response and will be granted the opportunity to call a witness;
l) The Presiding Officer will grant the opportunity to the Company and
the complainant / alleged offender or their representative to cross-
examine the alleged offender or his/her witnesses, on evidence
presented;
m) The Presiding Officer will then adjourn the hearing for as long as is
reasonable, to make his/her findings on the evidence presented. The
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Presiding Officer MAY NOT communicate with either the alleged
offender or the Manager or the delegated authority instituting
discipline at this stage;
n) The Presiding Officer will resume the hearing and make his/her
decision on the findings known;
o) If the alleged offender is found not guilty, the hearing will be closed
and no record will be kept on the employee’s file;
p) If the alleged offender is found guilty, then the Presiding Officer will
ask the alleged offender to respond in mitigation;
q) The Presiding Officer will adjourn the hearing to decide on the
appropriate sanction. The Presiding Officer will consult with the
Disciplinary Officer and also check the offender’s personal file.
Relevant facts to be taken into consideration, amongst other, include
the following:
i. Whether there was a rule?
ii. Whether compliance with the rule was reasonably
possible?
iii. Whether the offender was aware of the rule or could
reasonably be expected to know about the rule?
iv. Whether the employee, on a balance of probabilities, in
fact broke the rule?
v. Whether the rule has been consistently applied, without
necessarily always leading to the same sanction, since
circumstances could differ from one case to the next?
r) The Presiding Officer will resume the hearing and communicate
his/her decision;
s) The Presiding Officer will inform the offender of his/her right to
APPEAL to the CEO/COO within 7 working days and in writing;
t) The Presiding Officer will then end the hearing and complete all the
necessary documentation for the offender and for the personal file.
4.4 Hearing in Absentia
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In the event that the employee is in prison or s/he refuses without good
reason to attend the disciplinary hearing, s/he may be heard in absentia.
This can ONLY be done after the employee has been informed that the
hearing will continue in absentia.
In the event that an employee does not attend a disciplinary hearing, the
reasons must be established prior to conducting a hearing in absentia.
The Company must prove that an attempt to contact the alleged offender
has taken place.
Section 5 The Appeal Process and Rights
5.1 The Rights of the Employee
Sufficient notification of the disciplinary enquiry and the charges, in
writing, 3-5 working days prior to the date of the actual hearing taking
place;
The right to be present and to state his/her case;
The right to representation by a co-employee;
The right to present evidence in defence;
The right to call witnesses;
The right to respond to and cross-examine the employer’s evidence
and witnesses;
The right to an interpreter if necessary.
5.2 The Appeal Process
The following process needs to be adhered to:
The offender has a RIGHT to submit an appeal against the decision of
the Presiding Officer within 7 working days;
If the offender wishes to appeal s/he must complete an appeal form
and submit it to the Employee Relations Office;
The CEO/COO has the power to reduce or increase the sanction of
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the Presiding Officer and the employee may be:
o Afforded an opportunity to make or submit oral or
written presentation in mitigation, prior to the
pronouncement of such a decision by the CEO/COO;
o Afforded representation at the appeal hearing;
The CEO/COO will issue his/her response to the appeal within ten
(10) working days;
If the offender is satisfied with the decision of the CEO/COO, the
matter is finalised;
If the offender is not satisfied with the decision of the CEO/COO, then
s/he may declare a dispute at the Commission for Conciliation,
Mediation and Arbitration (CCMA) as provided for by the LRA.
5.3 Deciding on the Outcome
a) Assess and verify the evidence;
b) Consider the reliability and consistency of the witnesses’ testimony.
c) Consider the appropriateness of the complaints/charges
d) Consider which version on balance of probability (i.e. reasonable to
believe) is most likely;
e) Prepare and write down your findings;
f) Inform the employee and his representative of your finding;
g) Handle queries, but do not debate the findings;
h) S/he may appeal against your finding.
i) Ask the employee to submit evidence in mitigation.
5.4 Mitigating and Aggravating Circumstances
Herewith some examples:
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FACTOR AGGRAVATING MITIGATING
ATTITUDE Confrontational Remorseless / Sly /evasive Insolent
Not in trust position
DISCIPLINE RECORD Many previous warnings Many current warnings Variety of offences
No previous warnings No current warnings for
similar offences.
STATE OF HEALTH Good Poor (won’t get onto another medical scheme or find work easily)
FINANCIAL SECURITY
Not a breadwinner The only breadwinner
MONETARY LOSS TO COMPANY
High Low Offer to repay.
Section 6 Corrective Measures
6.1 Different Types of Corrective Measures
Warnings Counselling Verbal Warnings Written Warnings Final Written Warnings
Demotion Demotion with the consent of the employee to a lower level
Suspension Normally on full pay, but can be without pay with the consent of the
employee
Alternative
Employment
Alternative employment with the consent of the employee
Dismissal Can be done only after a formal hearing was held.
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6.2 Duration of Warnings
Type Duration
Verbal Warnings 3 months
Written Warnings 6 months
Final Written Warnings 9 – 12 months
6.3 Maximum Corrective Measures
The following table can be used as a guideline to determine the outcome
of a disciplinary hearing in terms of the corrective measure or penalty that
could be applied:
OFFENCE WRITTEN WARNING
FINAL WRITTEN WARNING
DISMISSAL
Absenteeism more than 5 days √
Assault √
Breach of trust √
Fraud √
GROSS Insubordination √
Intimidatio √
GROSS Negligence √
Participation in unlawful strike √
Sexual Harassment √
Theft √
Unauthorised possession of company property
√
Absenteeism (3-5) days √
Abuse or misuse of company property √ √
Damage to company property √ √
Fai ure to comply with company policies
√ √
Absenteeism (less than 3 days) √ √ √
Alcohol or drug abuse √ √ √
Insubordination √ √ √
Late coming √ √ √
Negligence √ √ √
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Poor time-keeping √ √ √
Sleeping on duty √ √ √
.
Support Tools
DISCIPLINARY HEARING
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Steps Description Yes No
Documentation Disciplinary Enquiry Sheet
Complainant’s statement
Complainant’s witnesses’ statements (if applicable)
Step 1 Open the Disciplinary hearing by reading the company number and name of the accused from the complaint form and ascertain that the information is correct.
Step 2 Introduce everyone present: Chairperson, complainant, accused, representative, interpreter, IR representative and all witnesses.
Step 3 Establish the facts
Examine the circumstances
Determine the disciplinary action if the accused is found guilty
Step 4 Was the accused notified timeously to attend the enquiry?
Has the accused had sufficient time to prepare his case?
Step 5 Read complaint (ensure that the accused understands the charge).
Take care to explain the rights of the accused – list in detail.
Step 6 Ask the accused to plead to the charge. Guilty or not guilty.
Step 7 Ask the complainant to state his/her case.
Step 8 Ask the accused to state his/her case.
Where the accused pleads guilty, he must also be allowed to state his case.
Step 9 Allow for questions posed to the complainant (accused, chairperson, employee, representatives and IR representative)
Step 10 All for questions posed to the ACCUSED (complainant, chairperson, employee, representatives and IR representative)
Step 11 Invite the complainant / accused to call in witnesses – only one witness at a time. The witness to leave the hearing once questioning has taken place.
Step 12 Ask the complainant / accused and his/her representative if they have a final statement relating to the case.
Step 13 The chairperson must now decide on the available facts at his disposal whether the accused is guilty or not guilty. If there is any doubt, the accused must get the benefit of the doubt.
Step 14 The complainant / accused and his/her representative are called back and the chairperson reads the finding, REASONS TO BE GIVEN.
Step 15 The accused and his/her representative can address the chairperson on any mitigation circumstances which may possibly have an influence on the sanction to be imposed.
Step 16 Imposition of the sanction
Step 17 Inform the accused and his / her representative that he/she has the right to refer the matter for conciliation / con-arb.
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Support Tools
DECIDING ON THE FINDING
Steps Description
1 Assess and verify the evidence in terms of which evidence is:
Corroborated
Not denied
Contradicted materially
2 Consider the reliability and consistency of the witnesses’ testimony
3 Consider whether the complaints (charges) are appropriate and correct in light of the evidence present.
4 Consider which version on balance of probability (i.e. reasonable to believe) is most likely (where reasonable doubt exists, this should favour the employee). This means that of the two versions presented, via the evidence, after weighing the one against the other, the one which is more likely to be true or is more probable, is the one which should be selected.
5 Prepare and write down your findings under the following headings:
Complaints
Employee’s submission and evidence
Other evidence put forward
Your conclusions
Your finding (guilty or not guilty). The chairperson must give reasons (why, who, when, where) for arriving at the conclusion.
6 Inform the employee and his/her representative of your finding.
7 Handle queries, but do not debate the finding (if appropriate, you may inform the employee that if he/she is dissatisfied, he/she may appeal against the finding)
8 Ask the employee to submit evidence in mitigation.
9 Adjourn to decide on the penalty to be imposed.
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Support Tools
FORMAT OF MINUTES
Date of Inquiry
Accused
Complainant
Chairperson
Present / Witnesses
1. INTRODUCTION
The Chairperson welcomed everybody and introduced her and the capacity that she will be representing during this formal procedure.
2. ACCUSED RIGHTS
The accused was informed about his rights in respect of:
Representation – Mr Ndlovu said that he requires no representation required.
Language preference – Mr Ndlovu said that he is comfortable in speaking and understanding English
Needs interpreter – Mr Ndlovu said that he does not require an interpreter. 3. PURPOSE OF THIS INQUIRY
The Chairperson stated the purpose of the inquiry:
To establish the facts
To examine circumstances
To determine disciplinary action to be taken 4. PROCEDURE TO BE FOLLOWED
The Chairperson explained the procedure that will be followed during the inquiry as follows:
Complainant to state their case
Complainant to give evidence
Accused may respond and ask questions (cross question)
Complainant may ask further questions to the accused
Witnesses may be called
Chairperson make findings
If dissatisfied, may appeal against the findings. 5. CHARGES
The Chairperson read the charges from the notification given to Mr Ndlovu as follows:
CHARGES
1. Poor work performance in that you do not meet the required work performance standards in spite of you agreeing to be able to do the work also in terms of the time lines;
2. Breakdown in the relationship.
6. UNDERSTANDING THE CHARGES
The Chairperson asked the accused whether she understood the charges upon which he responded “yes”.
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7. PLEAD
The Chairperson asked the Accused whether she is pleading “guilty” or “not guilty” to the charges upon which he responded as follows:
CHARGES PLEAD
1. Theft Not Guilty
2. Breakdown in the relationship. Guilty
8. COMPLAINANT STATED THEIR CASE
Charge 1: Charge 2:
9. ACCUSED STATED HIS CASE
Charge 1: Charge 2:
10. CROSS EXAMINATION BY THE ACCUSED Mr Ndlovu said that he had no questions for the company and that he can understand that they feel that he was not performing well.
11. CROSS EXAMINATION BY THE COMPLAINANT / ALLEGED OFFENDER
12. CLOSING STATEMENT S
Complainant
Accused
13. MITIGATING CIRCUMSTANCES
THE COMPLAINANT: THE ACCUSED:
14. AGGRAVATING CIRCUMSTANCES
THE COMPLAINANT:
The meeting was adjourned and the Chairperson said that the outcome will be available on _______________ and that Mr Ndlovu would be suspended on full pay until the outcome is available.
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Support Tools OUTCOME OF A DISCIPLINARY ENQUIRY
NAME OF EMPLOYEE
Employee / Clock No.
TRANSGRESSION
1. 2.
DATE OF INQUIRY
FINDINGS
SANCTION
RECOMMENDATION DISMISSAL
The Accused person has the RIGHT TO APPEAL within 48 HOURS / 7 DAYS after receiving this outcome.
SIGNATURES
_____________________________ _________________
PRESIDING OFFICER DATE
_____________________________ _________________
EMPLOYEE DATE
_____________________________ __________________
WITNESS DATE
This confirms the outcome of the hearing which will be recorded against you, and of which you were verbally informed on ________________ (date). Should you avail yourself of your right of appeal, the appeal form must be used for this purpose.
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Support Tools
ACKNOWLEDGEMENT BY THE OFFENDER
I, _________________________________, have been verbally informed of the particulars of the above-mentioned
disciplinary action.
I take cognisance of the fact that should I not be satisfied with this decision, my appeal must be submitted within 48
hours / 7 days.
___________________________________ ________________________________
Signature of Employee Date
------------------------------------------------------------------------------------------------------------------------------------------------
Should the offender refuse to sign:
Statement by witness:
M______________ was verbally informed of the disciplinary action indicated above and of his right of appeal on
___________________ (date) at ____________________ (time).
___________________________________ ________________________________
Signature of Witness Date
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Support Tools APPEAL FORM
Name of Employee : ______________________
Employee Clock No. : ______________________
Department/Division : ______________________
I hereby appeal against the outcome of the disciplinary hearing held on ______________ (date). My reasons for appealing are as follows:
NOTE: You can also attach additional documentation in terms of your reasons.
__________________________________________
Signature of Employee
Appeal submitted on (date) __________________________________
Signature of Disciplinary Officer: __________________________________
NOTE:
1. If the appeal is not submitted within the required time frame after the employee has been notified verbally of the disciplinary decision, reasons for late submission thereof must also be furnished.
2. Application for condonation of late referral will be decided by the CEO upon submission of such an application, which must be accompanied by the appeal documentation.
3. The CEO has the power to reduce or increase the sanction of the Presiding Officer.