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Notice of
Disciplinary Hearing.
The
Notice of the Disciplinary Hearing must be specific.
In order
to ensure a fair procedure, the notice must specify certain information :
[a] the
date, time and place of the hearing.
[b] the
accused must be allowed a reasonable time in which to prepare his defense
against the charges. Normally, 3 to 5 days is considered reasonable.
The
accused must be informed that :
[a] he is
entitled to the assistance of a representative from his place of work.
[b] he is
entitled to the assistance of an interpreter if required. If so, management must
arrange for this.
[c] he
is entitled to produce witnesses to testify on his behalf.
[d]
management is entitled to cross examine his witnesses.
[e] he is
entitled to cross examine managements witnesses.
[f] he is
entitled to request a copy of any written statements that management may have
from management witnesses to assist him in preparing his defense.
[g] he
may not communicate with management witnesses in any way prior to the Hearing
and nor may he discuss the case with management witnesses prior to the
Hearing.
[h]
should he be dissatisfied with the outcome of the Disciplinary Hearing, he may
within 5 days of receiving written confirmation of the verdict and sanction
lodge an application to appeal. The application must state the reasons on
which the appeal is based.
[c]
should the appeal process fail or the outcome not be to the satisfaction of the
accused, then he is entitled to refer the matter to the CCMA or to the
Bargaining Council if applicable, for conciliation or arbitration.
The
accused must be given full information of what charges have been put against
him, and the detail given must be sufficient to enable the employee to prepare a
proper defense against the charges.
The
letter should detail :
[a] the
name of the Chairperson and his relationship to the employer.(the Hearing will
be Chaired by Mr. R. van Heerden, Financial Director or whatever)
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