Disciplinary Hearing

Disciplinary Hearings

Our qualified personnel will assist with your disciplinary preparation and hearings.

One of the most uncomfortable situations a company can find itself in is to discipline employees.

The Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA) applies to these situations.

Please note that these acts protects both the employer and the employee as both parties has obligations towards each other. Incorrect applications of these acts and poor compiled employment contracts often costly for employers because they do not comply with the law.

A disciplinary hearing is an enquiry into the conduct of the employee with which the employer has brought a charge against such employee. The employee has an opportunity to rebut the accusations made against him or her.

A union representative, bargaining council or fellow employee may represent such an accused employee at the hearing.

The hearing is conducted by an commissioner (independent party) that will hear both the employer and employee's side of the charge brought against the employee. The commissioner will then make a recommendation based on the evidence brought before him or her.

The employer has the prerogative to act on the commissioner's recommendation. If the employee is dissatisfied with the outcome of the hearing, then such employee may appeal such action, with reasons, recommended by the commissioner. If the appeal of the employee fails, then such employee may approach the Council for Conciliation, Mediation and Arbitration (CCMA) to settle the matter.