Disciplinary Hearings

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As an employee, being called into a disciplinary hearing is never ideal. However, it is important to be well-prepared and conduct yourself professionally during the meeting.


The Code of Good Practice on Dismissal (Schedule 8 of the Labour Relations Act) provides the guidelines for employers to follow in disciplinary proceedings. This code does not specifically require "cross-examination" but does provide that the employee must be aware of the allegations against them, to understand them, and be given a chance to state their side of the story - or defence - in response to the allegations.This week Ivan Israelstam explains the meaning of "cross-examination" and provides advice on how employers should proceed.


When should the chairperson of an internal disciplinary hearing consider allowing a lawyer to represent the employee facing the disciplinary hearing? Ivan Israelstam explains how the courts have considered this question, and what employers should take into account in order to respond to such requests. 


Disciplinary hearings - or enquiries - into alleged misconduct on the part of an employee should be fair and legally correct. One of the requirements is that the employee has a right to hear what the allegations are and to be able to respond. Does this mean that the employees must make the response themselves - or may they have legal representation? Ivan Israelstam answers ...

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