Right, so you are in a disciplinary hearing or for that matter an arbitration in one of the many dispute resolution forums we have in our country.
You are fairly confident of your case; after all you’re simply going to tell the truth and at the end of the day it’s your word against his and you are the employer so all things being equal, they are going to side with you.
When the Outcome Isn’t What You Expected
Then you get the outcome or worse still, the award and it most definitely did not go your way. “How?” you rage!
A Real-Life Lesson from Over 20 Years Ago
Right, time to lay the gory story on you. So, to put it in context, this happened more than 20 years ago when I still had a lot more hair and to be fair I might have been a little bit more naïve than what I am now.
I was shooting the shit on the street with several commissioners from a bargaining council I had gotten to know and I was bemoaning the fact that when it is the employers word against that of the employee’s, all things being equal they always seemed to side with the employee.
The Military Judge Parable: Understanding the Employer’s Burden
One of them, an older chap, probably annoyed that I was disturbing his smoke break, laid the following scenario on me:
Okay, it’s war time and for your sins you are appointed as a military judge. Your first case of the morning is a charge of sleeping on duty in the face of the enemy. The penalty is death.
You hear the matter. An officer relates that his unit was manning the front lines and that during the night he walked the forward positions where he found the accused asleep at his post. This not only endangered the unit but potentially the whole army and he demands the death penalty.
Next the young soldier testifies. He says this is all nonsense. The officer does not like him and he most definitely was not asleep at his post.
There are no other witnesses. There is no other evidence.
Question: do you put the kid up against a wall and have him shot?”
Okay, so that we’re all clear; the correct answer is NO (if you were thinking yes, apparently sociopaths make good businessmen but we’ll be doing all your disciplinary processes from here on in).
Why “It’s Your Word Against Theirs” Isn’t Enough
Jokes aside, over the years I’ve trotted this little self-help parable out multiple times to help put managers on the right track since it actually gives you a very good insight into how the person chairing a disciplinary process is supposed to think. As the employer the onus is on you. That means you need to bring overwhelming evidence of the employee’s guilt to the hearing. It can’t just be your word against his.
The Employer’s Onus: Providing Overwhelming Evidence
Which brings us to the “double-up rule”. When you see a staff problem coming, either switch on the record button on your phone or grab a fellow manager to be present so that he or she can corroborate your testimony when the time comes.
The Double-Up Rule: Corroborating Testimony for Disciplinary Hearings
That way you can present overwhelming evidence and discharge the onus that you have as management in a disciplinary hearing.
Key Takeaways
- The employer carries the onus: It’s not enough to just tell your side of the story. You need solid evidence to show the employee’s misconduct
- It’s not your word against theirs: Disciplinary hearings rely on facts, documentation, and witnesses—not assumptions or gut feelings.
- The double-up rule matters: Having another manager present or recording key evidence gives your claims weight.
- Preparation is everything: Spot the problem early, document it properly, and you’re already ahead.
- Stay objective: Emotions won’t win hearings; clear evidence and logical presentation do.
Frequently Asked Questions (FAQ)
What does “onus” mean in a disciplinary hearing?
It’s the employer’s responsibility to provide enough evidence to prove the employee committed the misconduct.
Can a disciplinary hearing succeed if it’s just my word against the employee’s?
Usually not. Without evidence or witnesses, the decision often favors the employee.
What is the “double-up rule”?
It means having another manager or supervisor witness and support your account of events. This strengthens your case.
Can I record staff misconduct on my phone?
Yes—but make sure it’s legal in your area and done professionally. When done right, it can be critical evidence.
How can I prepare better for disciplinary hearings?
Document everything, involve witnesses, follow company policies, and stay calm. Preparation and evidence are your best tools.
Conclusion
Disciplinary hearings aren’t easy—especially when it feels like it’s just your word against an employee’s. Understanding that the responsibility to prove misconduct rests with you, and using the double-up rule, can make a big difference. Keep detailed records, involve witnesses, and rely on solid evidence.
This isn’t about “winning” a fight. It’s about getting the facts straight, protecting your business, and staying professional throughout. Do it right, and you can handle hearings with confidence, fairness, and far less stress.
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