Disciplinary Presentation Services
Expert Guidance for Fair and Compliant Disciplinary Processes
A disciplinary hearing is an official enquiry which follows an allegation of an employee’s misconduct. The enquiry is an opportunity for the accusing party to present evidence for their allegation and for the employee to present their own statement, with a final outcome of either reinstating the employee in their position or dismissing them, along with the appropriate consequences.
A chairperson is a neutral party who chairs the hearing and considers the position of both the employer and the employee. They evaluate the evidence provided, the witness reports and the cross questioning between the employer and employee before reaching a final judgment on the case.
It is imperative that a disciplinary inquiry is managed correctly, providing an objective and unbiased hearing, respecting all the rights of the employee. The employee must have appropriate representation, access to an interpreter if needed and the possibility to call a witness, in line with procedural fairness and protection of the employee’s rights.
Mitigating and aggravating circumstances have to be considered when assessing the appropriate outcome of the hearing. The proposed sanction, in the case that the employee is found guilty, must be appropriate and fair in terms of precedent case law in order to protect the employer, should the employee refer the outcome of the case to the CCMA. Failing to comply with procedural fairness has the potential of unwanted legal repercussions.
CCMA Consulting Services
Specialist Guidance for Navigating CCMA Disputes and Resolutions
In many cases, the results of a disciplinary hearing are carried over to further judicial forums, such as the CCMA, the labour court and labour appeal court. Consequently, it is imperative that the disciplinary adjudication is prepared and carried out within proper procedural guidelines in order to present the strongest possible case, drawing on all available evidence.
The onus is entirely on the employer to prove that the employee is guilty. If evidence is not properly presented, a case will not be successful even if the accusation is objectively fair.
Reasons for a poorly presented case may include the person presenting the case not being sufficiently trained or being unskilled in case presentation. Alternatively, if the employer is presenting the case they may either not have time for proper preparations or not know how to prepare. In order to prepare for a disciplinary hearing a pre-hearing investigation has to be carried out, which includes assessing whether the allegations are being produced in good faith or whether there is a hidden agenda on the part of the employer, investigating the circumstances of the incident and evaluating whether the evidence forms sufficient proof for the allegation.
In addition, witnesses and other evidence have to be prepared, as well as questions for the employer’s witnesses. All of these preparations have to be successfully carried out, in order to present a compelling case. A disciplinary hearing consultant as well as a professional CCMA presentation will ensure that these guidelines are followed strictly and successfully.
HR SERVICES
What We Can Do & For You
Our experienced members will provide you with professional representation at CCMA as well as Bargaining Council conciliation and arbitration hearings, to make sure that the correct legal procedures are followed and the case is successfully prepared and presented. As your disciplinary hearing consultants, we also take responsibility for making informed legal recommendations to your company and promoting fair discipline practices in order that the cases may be handled professionally and with limited involvement from your company.
- DISCIPLINARY HEARING
- CCMA PRESENTATION
- DISCIPLINARY HEARING CONSULTANTS
- EMPLOYEE MISCONDUCT
- LABOUR COURT
- WORKPLACE DISPUTES
- UNFAIR DISCRIMINATION
- WORKPLACE DISPUTE RESOLUTION
- ARBITRATION HEARINGS
- INVESTIGATIVE PROCESS
- CCMA DISPUTES
FREQUENTLY ASKED QUESTIONS
Do you have any questions about our Disciplinary Hearing Service? We will answer some of the most pertinent questions here. If you don't find what you are looking for, please email us, and we will get back to you ASAP.
It ensures a fair process for both parties. Employers manage misconduct or poor performance within legal guidelines, while employees get a chance to defend themselves, potentially avoiding escalation to CCMA disputes.
It ensures a fair process for both parties. Employers manage misconduct or poor performance within legal guidelines, while employees get a chance to defend themselves, potentially avoiding escalation to CCMA disputes.
The provider ensures a fair, legally compliant process, managing the hearing, providing guidance, and facilitating conciliation or mediation if the issue escalates.
- Investigation
- Notification of charges
- Hearing
- Decision
- Appeals (if applicable)
- Labour law practitioners ensure fairness throughout the process.
Employers should follow company policies, investigate fairly, offer the employee a chance to respond, and provide documentation. If needed, use mediation or conciliation before escalating to CCMA disputes.
CUSTOMER TESTIMONIALS
Does our customers like us? I think they do!!
My experience with Ian at Gente has been nothing short of incredible. Ian has been outstanding, from assisting me with an arbitration last year to providing ongoing support. For the first time, I truly felt supported and advocated for throughout the process. He exhibits professionalism, efficiency, and punctuality while being compassionate and assertive when needed. Gente is fortunate to have Ian, and I am grateful for his assistance.
Ian is a consummate professional representing his clients with unwavering loyalty while adhering to labour law. His clear communication ensures that everyone understands the proceedings, and he encourages questions and contributions from all parties involved.
Working with Ian Barker has been an absolute pleasure. Despite his busy schedule, he always makes time to take our calls, provide guidance, and deliver top-notch service. Ian's responsiveness is commendable, even taking calls while at the CCMA, and he consistently serves with a smile—thumbs up to Ian for his exceptional service.
