LLA 520A Procedural fairness during the hearing
R150.00
Context: This article explains what procedures should be followed during a disciplinary hearing.
Content: The article begins by explaining the fundamental rule: there must be a hearing, and then discusses whether the hearing is two step process, provides an outline of a hearing, and explains why an employee must be given an opportunity to make a statement in the hearing. Other procedural requirements are discussed including legal and other representation, the role of the chairperson, the question of bias, interpretation and concludes with practical advise concerning what a chairperson should do if the employee fails or refuses to attend the hearing.
Description
Table of Contents
1. Procedural fairness during the investigation/hearing……………………………………………………….. 2
1.1 There must be an investigation/hearing…………………………………………………………………. 2
2. The way the investigation is conducted must be fair………………………………………………………… 3
3. Outline of stages of an investigation or hearing………………………………………………………………. 6
4. The level of formality of a hearing ………………………………………………………………………………… 6
- The employee should be allowed the opportunity to state a case in response to the allegations. 7
- The employee is entitled to the assistance of a trade union representative or fellow employee 8 7. Legal representation in disciplinary hearings ………………………………………………………………….. 9
8. The appointment, powers and conduct of the chairperson……………………………………………….. 9
9. Bias ……………………………………………………………………………………………………………………….. 10
10. Interpretation during the hearing……………………………………………………………………………. 13
11. Absence of the employee and the waiver of the right to attend an investigation…………….. 14
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