Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA!
Here's how to chair a legally compliant disciplinary enquiry in just five easy steps
Chairing a disciplinary hearing isn’t easy.
With all the disciplinary codes and procedures you have to remember...
The roles and rules you need to adhere to...
The different questions you need to ask...
The different types of evidence that can legally be presented...
There are dozens of things you need to keep in mind to give each employee a fair hearing.
But what if I told you that chairing a hearing that follows the right disciplinary process is as easy as five simple steps?
Don’t let the CCMA rule your disciplinary hearing decision “unfair”
Let’s say your CEO just found out that Susie from accountants is stealing money. He wants to hold a disciplinary hearing and he wants YOU to chair it because the person who usually chairs your company’s hearings is on honeymoon and you’re the only one he can rely on.
When it comes to chairing disciplinary hearings, you can’t afford to make any errors.
If you make one mistake, the hearing will be ruled unfair.
And as I mentioned earlier, the CCMA deems one out of every three dismissals unfair!
We know you have more important things to do with your time than prove yourself to a guilty employee at the CCMA... That’s why we’ve teamed up with four leading labour experts to help you plan exactly what you have to do when chairing a hearing to ensure no-one can accuse it of being unfair or biased.
And we’ve put all the info you need into The Chairman’s Guide to Disciplinary Hearings: How to Chair 100% Legally Compliant Hearings so you can chair a legally compliant hearing every step of the way.
To hold a 100% legally compliant hearing, you have to fulfill all your chairman duties
Not fulfilling all your duties as a chairman can spell disaster. Not only could it be the reason your company lands up at the CCMA, but you might even have to reinstate the guilty employee!
Let’s look at the case of Snell vs SSM Manufacturing that landed up at the CCMA:
The company dismissed Mr Snell for insubordinate conduct.
ln this case the Arbitrator, Ms S Harvey, found that the employee’s behaviour had in fact been unacceptable. But despite this, she ruled the dismissal to be unfair.
In her award Ms Harvey quoted the Code of Good Practice: Dismissal as her basis for the finding. She stated “the company has
failed to satisfy the Commission that a proper procedure was adopted when dismissing Snell because the decision to dismiss Snell was taken in his absence and without affording him the chance to respond to the charges against him.”
She further stated the company was unreasonable in “...failing to inform Snell at any point along the way that his conduct was a problem and could lead to disciplinary action”.
The Arbitrator awarded the employee compensation equating to nine months’ remuneration
And this case should serve as a warning to you that if you fail to apply the law to disciplinary hearings, you’ll be taken to the CCMA and you’ll lose!
Ensure you make legally watertight decisions in every hearing you chair
If you dismiss an employee who takes your company to the CCMA, you’ll have to provide proof you followed a fair disciplinary and dismissal procedure...
If you can’t, your company will lose the case at the CCMA! And your CEO will only have one per
son to blame – YOU!
That’s why it’s vital you know what records you need to keep to show procedural fairness and that you took the right steps to ensure the hearing was fair.
If you have The Chairman’s Guide to Disciplinary Hearings at your disposal:
You’ll have every guideline and a checklist you need to follow the correct process for a procedurally fair disciplinary hearing...
You’ll know how to keep accurate records of the hearing in your employee’s file in case the employee refers you to the CCMA...
You’ll understand the five steps you need to follow to ensure your disciplinary and dismissals are fair so you can:
- Suspend an employee if need be;
- Give the employee notices before the charge;
- Time your hearing correctly;
- And follow a legally compliant procedure.
But that’s not all, you’ll also discover:
Six key elements of an effective and legally compliant disciplinary hearing...
How to formulate charges...
How to prepare for the hearing...
Who you should have present at the disciplinary hearing...
Nine steps of a procedurally correct hearing...
When a dismissal is automatically unfair...
What to consider when deciding whether to grant or refuse legal representation...
Four reasons why legal representation may not be a good idea...
Never worry about making mistakes when chairing a disciplinary hearing again
Now normally the information you’ll discover in The Chairman’s Guide to Disciplinary Hearings would cost you upwards of R1,500 if you consult directly with a labour law expert.
But because you’re a Labour Bulletin reader, our four labour law experts are prepared to share this information for the special price of just R499.
That’s just R499 to ensure every disciplinary hearing you chair is 100% legally compliant.
Plus if you order today, you’ll receive a 14 day moneyback guarantee. If during that time you’re not 100% satisfied that The Chairman’s Guide to Disciplinary Hearings can help you chair a legally correct hearing, simply let us know and we’ll give you a full refund.
Don’t be without this essential report another minute. Your CEO could ask you to chair a hearing in the next five minutes!
Here’s to being a legally compliant chairman,
Taryn Strugnell, FSP Business
P.S: When you receive your copy of The Chairman’s Guide to Disciplinary Hearings you'll also discover the five steps you need to follow to ensure your discipline and dismissal process is procedurally fair when chairing your next hearing.
Hurry and order your copy now... You could be chairing a hearing next week!
Secure Order Form
The Chairman’s Guide to Disciplinary Hearings: How to Chair 100% Legally Compliant Hearings secure order form
Yes, send my copy of The Chairman’s Guide to Disciplinary Hearingsto help me chair legally compliant disciplinary hearings.
I understand that for just R499, my order will be e-mailed directly to me and I’ll receive:
- My copy of The Chairman’s Guide to Disciplinary Hearings. With this report at my disposal:
I’ll have the guideline and a checklist I need to follow the correct process for a procedurally fair disciplinary hearing...
I’ll know how to keep accurate records of the hearing in my employee’s file in case the employee refers you to the CCMA...
I’ll know the 4 steps I need to follow to ensure my disciplinary and dismissals are fair so I can:
Suspend an employee if need be
Give the employee notices before the charge
Time my hearing correctly
Follow a compliant procedure
But that’s not all, I’ll also discover:
o Six key elements of an effective and legally compliant disciplinary hearing...
o Five fully customisable templates
o One recording of the enquiry template...
o Three checklists to follow in the enquiry...
o How to formulate charges...
o How to prepare for the hearing...
o Who you should have present at the disciplinary hearing...
o Nine steps of a procedurally correct hearing...
o When a dismissal is automatically unfair...
o What to consider when deciding whether to grant or refuse legal representation...
o Four reasons why legal representation may not be a good idea...
o And more...
Plus I’ll also receive a FREE bonus subscription to the Labour Bulletin. A daily email packed with the latest hot topics to solve my daily labour problems.
My 14 Day Money-Back Guarantee
I also understand that if I feel The Chairman’s Guide to Disciplinary Hearings can’t help me chair a legally compliant hearing, I can simply let Fleet Street Publications know within 14 days and you’ll refund the full purchase price.
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