Page 40 - DRG HR HANDBOOK- Nikita Pillay

DISCIPLINARY HEARINGS

AN AID FOR DISCIPLINARY HEARINGS outcome,” says Colin Heads who has had many years
of experience as an employment relations practitioner.
earing Aid is a one stop shop that offers the
Through Hearing Aid, DRG Outsourcing & Colin Heads
services of qualified, independent chairpersons
& Associates aims to assist employers with selecting
Hfor disciplinary hearings. These professional
competent and efficient chairpersons for disciplinary
services are available through DRG Outsourcing and
hearings.
Colin Heads & Associates.
A range of chairpersons with high levels of experience
South African labour legislation is one of the most
and appropriate qualifications are available, many of
advanced and fair human capital management structures
whom have been through hundreds of disciplinary
in the world, ensuring that the workforce is dealt with
hearings. In addition, the appointment of a chairperson
in a responsible and caring manner. Consequently,
for a hearing is made based on the style and personality
employers need to understand what their obligations to
of the chairperson and their fit with the culture of the
their employees comprise.
organisation and the situation at hand.
“The true intention of human resources best-practices
An independent chairperson ensures that any potential
is to help companies improve relationships with staff
for an internally appointed chairperson who is biased,
through encouraging employee engagement in the
subject to political interference, or lacking in competence
workplace and improving company outputs/productivity.
is avoided.
If best-practice is followed through the proper training
The chairperson must make recommendations based
of line managers, suitable inductions of staff, clarity
solely on the evidence provided at disciplinary hearing
of roles, responsibilities, policies and procedures, etc,
and be equipped to assess mitigating and aggravating
then very few conflict matters should arise,” says David
circumstances. This ensures that both sides of the issue
White CEO DRG Outsourcing.
may be presented equitably so that both the employee and
However, legislation can seem particularly complicated
the employer will be given a fair outcome for a given matter.
when it comes to sensitive matters such as hearings,
Employers often overlook the value of ensuring that an
retrenchments, performance management initiatives,
independent chairperson i.e. one who is not emotionally
HR/IR training, etc.
invested in the company, is appointed to manage a
This is especially relevant to disciplinary hearings.
formal disciplinary hearing. In addition, an independent
The goal of a disciplinary hearing is to ensure that all chairperson has the benefit of not being prejudiced by
parties are given the opportunity to state their case, having any workplace relationship with an employee.
that the correct procedure is followed to determine This is especially relevant when considering the possible
whether an employee is guilty of any alleged consequences of the disciplinary hearing for both the
misconduct and, if so, that the appropriate course of employee and the employer. “An external chairperson will
action is recommended. make sure that he/she does it right,” says Heads.

One of the key role players in a disciplinary hearing is South Africa’s diverse workforce often requires that the
the chairperson, who is responsible for ensuring that employee may require the assistance of a translator for
the hearing is held correctly, in compliance with all the disciplinary hearing. Hearing Aid is also able to provide
labour laws and procedures. suitable (independent) translators. The use of translators
is a legal requirement and it is equally important to appoint
“Consequently, the selection of a chairperson is a critical
a truly independent and competent person to this role.
element in the success or failure of the disciplinary
process. The quality of the person chairing “DRG Outsourcing and Colin Heads & Associates are on
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a hearing may result in the risk of an unfair standby to help as and when required,” concluded White.