Managing Disciplinary matters at the workplace
Chairing the Disciplinary Hearing

Who is allowed to represent an employee in the hearing?

An employee may choose to be represented by a trade union representative (whether from the branch or from the regional office or elsewhere) or by a fellow employee. Unless the company policy stipulates otherwise, outside lawyers or other people are not allowed to represent the employee in a disciplinary hearing (Rule 13(3) of the Code of Good Practice G.N. 42 of 2007)

What is the procedure if an employee admits/confesses to the offense?

If the employee admits to an offense in writing, the employer may opt not to have the entire disciplinary hearing but instead truncate the process after ascertaining in the hearing that the employee still admits to the offense.

What should the notice for the hearing contain?

The notice for the hearing should contain the following information:
Kindly be informed that you have the following rights in the law rightfully attributed to you:-

  1. You have the right to be represented by the fellow employee of your choice
  2. You have the right to call any witnesses and question any witnesses called by the Management
  3. You have the right to bring any evidence and question any evidence given to you
  4. You have the right to appeal any decision that will be made by your hiring authority within 5 days after the outcome. 
  5. Any other right afforded to you by the law.

The Chairperson shall make findings that shall form the basis of the determination.
Should you fail to appear without reasonable cause; the hearing shall proceed without your presence.

What should a chairperson take into consideration when deciding the sanction?

The chairperson should consider:
(a)whether or not the employee contravened a rule or standard regulating conduct relating to employment; 
(b)if the rule or standard was contravened, whether or not 
(i)it is reasonable; 
(ii)it is clear and unambiguous; 
(iii)the employee was aware of it, or could reasonably be expected to have been aware of it; 
(iv)it has been consistently applied by the employer; and 
(v)termination is an appropriate sanction for contravening it
(Rule 12 of the Code of Good Practice Rules G.N. 42 of 2007)

Managing Disciplinary matters at the workplace
Disciplinary Process