Chairing Disciplinary Hearings and Enquiries

Disciplinary Hearing Training Outline

The reason for managing discipline in the workplace

• Protecting the rights and obligations of employer and employees
• Breaching contractual obligations
• Required by the Labour Relations Act
• Workplace standards
• Encourages a conducive working environment

Types of dismissal

• Dismissal for misconduct
• Dismissal based on operational requirements
• Dismissal for incapacity – ill health
• Dismissal for incapacity – poor work performance
• Constructive dismissal
• Automatically unfair dismissals

Possible sanctions to consider in the disciplinary hearing

• Verbal warning
• Written warning
• Final written warning
• Suspension without pay
• Demotion
• Transfer to another department
• Unpaid extended leave
• Summary Dismissal
• Dismissal with notice

Conduct and requirements of the chairperson

• Suitably trained and qualified
• No prior knowledge of the incidents leading up to the disciplinary hearing/enquiry
• Good knowledge of the law and procedures to be followed
• Must remain neutral at all times
• Cannot cross-examine witnesses on behalf of parties but may ask questions for clarity
• Capable to taking notes
• Must understand evidence ie real evidence, hearsay etc
• Must be experienced in weighing up the evidence
• Have a good knowledge of report writing
• Familiar with the employer’s policies and procedures and disciplinary code of conduct
• Able to justify and give comprehensive reasons for recommending the sanction
• Must have a strong understanding of the concept consistency

Bias and the perception of bias

• The chairperson is an employee of the company
• The chairperson is known to the employer/alleged offender
• The chairperson has chaired other hearings for the employer
• The chairperson has had some involvement with the steps leading up to the hearing/enquiry
• The employer has secured the services of an external chairperson and is responsible for payment

Steps to be followed by the Chair during the disciplinary hearing

• Greet and welcome all present
• Introduce yourself and parties before you
• State the purpose of the hearing/enquiry
• Explain the procedure to be followed
• Ask the employee/alleged offender if he/she understands his/her rights as explained in the Notice of Disciplinary Hearing/Enquiry. If the answer is in the negative, go through the rights:
• Right to reasonable notice of the hearing/enquiry
• Right to a representative
• Right to an interpreter
• Right to call witnesses
• Right to access to bundles of documents
• Deal with preliminary points
• Set ground rules
• Read out charges and ask alleged offender to plead
• Collect evidence from parties in the form of real evidence, oral evidence, documentary evidence
• Listen to witness testimony
• Allow for cross-examination, re-examination
• Look at disciplinary record/code of conduct/policies and procedures/disciplinary code
• Closing statements
• Take time to decide on verdict
• Mitigation and aggravation
• Recommend sanction with final outcome report

Sanction short of dismissal

• When to recommend
• Consent required
• Reasons for the recommendation
• How does the chairperson include a sanction short of dismissal in final report?

The day will end with a comprehensive role play.  The pack will include a checklist for chairpersons