Managing Disciplinary matters at the workplace
The Chairperson’s Checklist

Checklist for a chairperson in a disciplinary hearing before the hearing

  1. Am I sufficiently neutral to chair the meeting? 
  2. Has the employee been given the notice to attend the hearing 
  3. Does the charge clearly describe the alleged misconduct? 
  4. Does it describe the circumstances of the alleged offense in sufficient detail? (i.e. so that the employee will be in a position to understand and respond) If no, refer the notice back to the manager concerned for further clarity
  5. Are the proposed date, time, and venue suitable for all parties concerned, including witnesses?
  6.  Is an interpreter needed? If so, who will be the interpreter? 
  7.  Has a minute taker been organized? Alternatively, organize recording 


Checklist for a chairperson in a disciplinary hearing during the hearing

  1. Welcome
  2. State your name, role, and the purpose of the hearing as well as the language the hearing will be conducted in
  3. Introduce everyone present and explain their roles
  4. Confirm whether the alleged offender they
      • Had received a notice to attend the hearing
      • Understand the alleged misconduct (this is not admitting guilt, but proves they understand the charge)
      • Have had sufficient time to prepare for the hearing
      • Were advised they may bring witnesses to support their case note the witness's names on your checklist

    5. Confirm the following rights of the alleged offender: 

      • The right to representation
      • The right to make representations and ask questions
      • The right to cross-examine witnesses
      • The right to an interpreter, if necessary


    6. Ask the alleged offender to plea to the charges (guilty/not guilty)


    7. Explain to all parties present how the procedure will run and follow it through:

      • The company will present its case (by the complainant),
      • The company will call its witnesses, one at a time, to make statements, 
      • The complainant will ask the witnesses questions
      • Employee / Representative may ask the Company witnesses questions
      • The complainant will be allowed to re-question their witnesses
      • The employee will present their case
      • The employee will call their witnesses, one at a time, to make statements,
      • The employee will ask the witnesses questions,
      • The complainant may ask the Employee witnesses questions
      • Employees will be allowed to re-question their witnesses
      • Closing statement by each party
      • Mitigating and or aggravating circumstances to be presented by each party


IF GUILTY

IF NOT GUILTY

  • You don’t have to go through all the evidence. Ask the employee for an explanation and allow for questioning
  • If the employee does not want to provide an explanation then ask the complainant to put forward his/her views on the seriousness of the case
  • Ask for any aggravating / mitigating factors that you need to be aware of before deciding on the appropriate sanction
  • Ask the employee if they wish to make a statement/say anything to you before you decide on the appropriate sanction
  • Follow the rest of the steps to the end of this document to ensure that you follow the correct procedure to hear the cases presented.
  • Once you have completed this process ensure that all documentation is signed and placed onto the employee's personnel file


Checklist for a chairperson in a disciplinary hearing during the hearing

  1. Check the accuracy of the minutes (if minutes are produced) 
  2. Consider and decide whether the employee is guilty of the alleged misconduct 
  3. Consider mitigating factors that were put forward and others you believe are relevant – if necessary reconvene the hearing to do so. 
  4. Review the employee’s personal file for other relevant information (e.g. previous warnings/counseling) 
  5. Decide on the appropriate sanction 
  6. Prepare a written decision/recommendation with reasons 
  7. Provide a copy of the finding to the employee and his/her representative and to HR 
  8. Inform the employee that he/she has the right to an appeal within 5 working days of the sanction/decision of hearing, or in the case of termination to refer a dispute to labour office. 

Managing Disciplinary matters at the workplace
Chairing the Disciplinary Hearing