Disciplinary hearing proceedings

Confidentiality

Discipline is a confidential matter, therefor

• Hearings are held in camera, and

• Only those persons permitted in terms of the disciplinary procedure may be present

Laying the charge

During the3 hearing, the employee is confronted with the relevant facts by

• Laying the charge(s)

• Calling of witnesses and

• Submission of any relevant documents

The employee and his representative is given the opportunity to study any documents and cross-examine witnesses

Presenting the defense

The employee and his representative must be given the opportunity to

·         Submit evidence

·         Submit relevant documentation, and

·         Call witnesses

Returning a verdict of guilty

If the employee is found guilty as charged, the chairperson of the hearing must

Advance reasons for finding the employee guilty as charged;

• Give the employee/ representative opportunity to present mitigating circumstances;

• Decide on applicable disciplinary action to be taken against the employee;

• Furnish reasons for deciding on the disciplinary action; and

• Give the employer/ representative opportunity to address him on the applicable disciplinary action

The South African Labour Guide is a private company and has no association with the Commission for Conciliation, Mediation and Arbitration (CCMA), you may find the CCMA on www.ccma.org.za