bias

"Hearing chairpersons should not count their chickens before they hatch" is good advice. This week Ivan Israelstam, how - and why - some employers try to manipulate the disciplinary process, and the potential consequences if this advice is not heeded. 

The word prejudice is used a great deal in the media, but there are certain legal implications of prejudice, prejudging, and implications for bias in disciplinary proceedings. Therefore, it is very important for employers to understand the dangers in not paying attention to these legal concepts. This week Ivan Israelstam explains the different meanings of these words, and how they are important for disciplinary proceedings, and for conducting matters at the Commission for Conciliation Mediation and Arbitration (CCMA).

Employers generally are now respecting an employee's right to a disciplinary hearing before deciding upon dismissal.  The question is: who chairs the disciplinary hearing, that is: who is the presiding officer of the disciplinary hearing? How important is it that the presiding officer has not been involved in the events leading up to the disciplinary hearing? This week Ivan Israelstam answers these questions.

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