Drafting Of The Complaint Or Charge

Caution should be exercised during this stage of the process as the way and manner in which disciplinary procedures are conducted depend to a large extent on this stage.

The initiator/complainant must first categorise the misconduct or transgression in the broad categories, i.e. dishonesty, negligence, absence without permission, disorderly behaviour, alcohol- and/or drug-related offences, industrial action, abuse and related offences, social related offences, absenteeism, etc.

The disciplinary code will have specific offences in each section. The person responsible for drafting the complaint should be cautious not to follow a ‘shotgun’ approach. This relates to a person being notified for e.g. six complaints, all relating to one incident. Not only will it lead to an unnecessary repetition of evidence led but will also ‘weaken’ the case of the complainant. Further, could six complaints appear to be a ‘now or never’ approach. Always analyse the facts and circumstances and ensure that the most appropriate complaint is drafted.

The wording of the charge should be accurate because it reflects what the company wishes to prove. If, for example, you wish to accuse someone of theft, then you will have to prove that he is guilty of the unlawful and intentional appropriation of another’s moveable property with the intention to permanently deprive him of his rightful ownership.
If, however, you wish to accuse him of unauthorised possession, you need only prove that he was in unauthorized possession of company property and that he was unable to provide a satisfactory explanation of how it came to be in his possession.

The charged should be laid according to the evidence and not because a certain charge can be proved more easily than another. One should, therefore, verify whether a person should be accused of fraud rather than gross negligence, or of not conforming to prescribed procedure.

The complaint should contain/refer to specific dates or facts regarding the misconduct, but as short and concise as possible.

The accurate formulation of the complaint is important due to the following:

• A chairperson is not allowed to change the complaint on the day of the hearing. Even if parties give consent to this, it could later lead to technical and legal difficulties.
• It will imply a postponement of the hearing and unnecessary delays.
• It creates higher emotional distress for the accused and relevant parties.
• Could implicate improper or uncompleted investigation.
• A serious transgression or misconduct might go unpunished by a chairperson, creating possible friction and inconsistency regarding discipline in the work place.
• It could indicate that senior employees are not knowledgeable with regard to codes and procedures and discipline and thereby create a feeling of none trust regarding fairness.