Page 4 - Business Sense-11.3 Rajesh Lutchman eBook

ISSUING A NOTICE TO ATTEND A

DISCIPLINARY HEARING

Johan van Deventer, KZN Regional to and properly prepare a will be interpreted as
Manager, LabourNet defence against the allegations. a waiver of their right to
2. Employee Rights, including participate in the inquiry.
hen an employer but not limited to the rights to: 6. Identification of Chairperson:
contemplates ■ Attend the disciplinary hearing Notification of the name and
Wdisciplinary action role (internal or external) of
against an employee, issuing ■ Be represented or assisted the chairperson presiding
a formal “Notice to Attend by a colleague or trade union over the disciplinary hearing.
Disciplinary Hearing” is a crucial representative
initial step. This notice not only ■ An interpreter/translator, if 7. Date of Notice: Inclusion of
serves to inform the employee of required the date the notice
the allegations made against them, ■ Present their case and submit all was issued to establish the
but also to ensure that they are relevant evidence timeframe between the
aware of their rights during the ■ Call witnesses in support of alleged incident of misconduct
disciplinary process. their defence and the commencement
■ Cross-examine any witnesses of disciplinary action by the
When should the notice be presented in support of the employer.
issued? Generally, a minimum allegations 8. Acknowledgement of Receipt:
of 48 hours’ notice prior to a ■ Access all documentation A section for the employee A vague charge, such as A fair disciplinary process
disciplinary hearing is deemed intended to be presented as to acknowledge receipt of “Gross Misconduct” without cultivates trust between
sufficient; however, the specific evidence the notice, confirming they specifics is insufficient. If a employees and management,
timeframe may vary depending on have been informed of the charge lacks clarity or accuracy, enhances transparency, and
the unique circumstances of each 3. Hearing Details: Date, time, hearing and its details. the chairperson must solicit demonstrates the organisation’s
situation. Consideration should be and venue of the disciplinary Should the employee decline submissions from both parties commitment to equitable
given to whether the employee can hearing to ensure the accused to sign the acknowledgement to clarify the matter, without practices and clear policies.
reasonably be expected to prepare is fully informed about when of receipt, it is imperative to presenting their entire case. If the Providing an employee with
within 48 hours, particularly if and where the hearing will have a witness present to submissions reveal discrepancies proper notice is of the utmost
they are still actively working take place. attest to the delivery of the with the original charge, the importance – failure to do
during this period, or if the notice 4. Potential Consequences: notice to the employee. The chairperson should postpone the so can result in procedural
is provided over a weekend – these A clear statement that the witness should then provide hearing to allow for withdrawal, unfairness, which may in turn
factors could limit their access to alleged misconduct may result a signed confirmation letter redrafting and re-issuing of the expose the employer to potential
pertinent documents or potential in dismissal, thereby affirming that the notice was notice, with an additional 48 legal claims. 
witnesses. informing the employee that presented to the employee. hours for the employee to prepare.
the matter is considered
The formal Notice to Attend serious and could lead to If the charge is factually T: +27 (0)31 266 6570
a Disciplinary Hearing should termination of their In disciplinary proceedings, incorrect (e.g., charging “gross C: +27 (0)82 786 7480
E: johanvd@labournet.com
include the following key employment if found guilty. the precise articulation of insubordination” instead of W: www.labournet.com.
elements: charges is paramount in
5. Consequences of Non- ensuring a fair and just process, “unauthorised absence”), the
1. Clear Statement of Allegations: Attendance: Notification and the disciplinary notice chairperson must again solicit
The allegations (charges) that failure or refusal to must provide sufficient detail to submissions, then adjourn the
against the employee must be attend the hearing without enable the employee to prepare hearing to allow for charge
written in a simple providing an acceptable and a defence. The chairperson withdrawal and reissuing. SCAN
manner that the employee legitimate reason may result should consider whether an The primary consideration is
can understand, specifying in the hearing being objective observer would whether proceeding with the QR CODE
the when, where, who, and conducted and finalised in understand the alleged offense, hearing would unfairly prejudice TO SEE
how so that the employee can the employee’s absence, and and what its timing and specific the accused. Fairness must VIDEO
identify the incident referred that such failure or refusal nature are. always be paramount.

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