Practical pointers when conducting
‍a Disciplinary Hearing

Give the employee at least 48 hours written notice of the enquiry. Make sure the employee knows what his rights are. If he refuses to sign for the Notice do not make it an issue. Simply record on your copy that he refuses to sign.

‍If you call in a third party to chair the hearing do not discuss the case at all with him beforehand in private. Especially if the employee is sitting outside the hearing room! This is not a criminal court. It is not necessary to ask the employee at the commencement of the hearing whether he is guilty or not guilty. The onus is on the management complainant to prove that the employee is Guilty. Not for the employee to prove he is Not Guilty.

‍First hear the complainant’s version of what happened.  He must call witnesses to state the facts of the incident. The employee has the right to ask questions of the witnesses. Only then should the employee have to state his case and refute the allegations.

‍Consider the employee’s personal circumstances, length of service, work ethic. But if it is a serious transgression, you cannot be too soft. Be careful of setting precedents.