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Disciplinary Hearing Guidelines

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Susan Kondowe
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6 views2 pages

Disciplinary Hearing Guidelines

Uploaded by

Susan Kondowe
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DISCIPLINARY HEARING

Guidelines When Conducting A Disciplinary Hearing

1. Prior to the hearing, ensure that the complaint form is correctly processed in that:
1.1 The complaint/offence is correctly worded.
1.2 All names, company numbers, dates, times, etc. Are reflected
1.3 All relevant statements are attached to the complaint form

2. Acquaint yourself with the contents of statements and make notes on issues when
more clarity is required.

3. During the hearing ensure that you:


3.1 Maintain employee self esteem
3.2 Exercise impartiality when conducting the hearing
3.3 Focus attention on the issue rather than on the person at fault
3.4 Do not make threats, use sarcasm or display authority

Hearing Checklist:

YES NO
1. Greet all present
2. Introduce everybody at the hearing
3. State the purpose of the meeting
4. Identify the accused
5. Establish that the accused is represented and who is
representing him/her
6. Explain the rights of the representative
7. Ask the accused if he/she has had enough time to prepare his
case
8. Ask the accused if his/her right to call witnesses have been
explained to him
9. Establish that his witness have been called
10. Re-assure all present that:
I) Everybody must be frank and open
II) No person will be victimized
III) Everybody must keep to the purpose of the meeting
IV) No interruptions will be allowed
11. Ask witnesses to leave the room
12. Read out the charge/s against the accused
13. Ask the accused if he understands the charge/s against him
14. Ask the accused to plead on the allegation against him/her
15. If the accused plead “not guilty”, ask the complainant to state
his/her case
16. Give accused and his/her representatives the opportunity to
cross examine the complainant
17. Ask the accused to state his/her case
18. Allow the complainant to cross-question the accused
19. Call in witnesses for complainant, one at a time and allow the
accused and his representative to cross-examine them
20. Call in witnesses for accused, one at a time and allow the
complainant to cross examine them
21. If guilt is established, take note of the following before deciding
on the penalty to be imposed:
I) Record of service
II) Mitigating circumstances (treat each case on it’s own merit)
III) Relevant previous record
IV) Seriousness of the offence
V) Decide on appropriate penalty, bearing in mind that the
penalties as reflected in the Disciplinary Code are maximum
penalties
22. If the case is serious, the hearing should be adjourned to a
later date. Accused can be suspended
23. Explain reason for action to be taken
24. Inform the accused of the penalty to be imposed
25. Explain his rights of appeal to him (3 working days)
26. Ask the accused to sign the complaint form, should he refuse,
ask two witnesses to sign to the effect that the accused
refused to sign

FINAL DECISION:

VERBAL WRITTEN FINAL WRITTEN DISMISSAL NOT


WARNING WARNING WARNING GUILTY

Explanation:
_______________________________________________________________

Action expected from the employee so as to improve:

________________ _______________ ________________


CHAIRMAN ACCUSED REPRESENTATIVE

_________________ _______________
REFUSED TO SIGN WITNESS

*NOTE: Signature is an acknowledgement of receipt, not of guilt

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