Notification To Attend The Hearing

The correct and proper completion of the ‘notice to attend a disciplinary hearing’ is the next step to ensure fair and reasonable action regarding a disciplinary hearing.

An employee should be informed about the allegation, using a form and language that he/she can reasonably understand.

The notice should be sufficiently detailed.

The notice should have the following:

• The date, time, and place of the hearing
• Name and details of the accused employee
• Name of the chairperson
• The complaint, with sufficient details, in order for the accused to prepare properly
• The rights of the accused, i.e. right to representation, to call a witness, make use of a translator, and the right to cross-examine a witness
• Right to evaluate the allegation
• The notice must have adequate space for the relevant signatures of the complainant and accused.
• The notice should always be issued timeously and following the company policy and procedures. The minimum notice period is 24 hours, but the norm is not less than 48 hours. The Code of Good Practice: Dismissal refers only to “a reasonable time to prepare”. Reasonable time will further depend on circumstances.
• Be cautions not to notify an employee on a Friday afternoon for Monday morning, especially when Saturday is not a working day for the accused. This will not be enough, as the employee does not have access to representation or evidence over a weekend.
• If an accused refuses to acknowledge in writing, ensure a confirmation signature from a witness who is present during the process of notification.

A notice to attend might also be faxed as a last resort if it is not possible to issue personally. The fax confirmation should be kept. The complainant should ensure telephonic contact with the accused and take enough time to explain the charges and rights to the accused. Notify the accused beforehand that a notification will be faxed to ensure privacy. Ensure that a signed notice is timeously returned to the complainant.

• Ensure that a notice is not merely issued. Take proper care and time to explain the complaints and rights of the accused in a dignified but fair manner.
• Disciplinary measures against a trade union representative (shop steward) should not be instituted without first informing and consulting the relevant trade union. The purpose is to allow the union to exercise due vigilance because its institutional interests are involved. At the very least, the union should have an opportunity to make presentations.
• Although not requested, it might be advisable to include rules regarding postponements, requests for recusal of chairperson and implications for not attending the hearing, as it might continue in the absence of the accused, depending on circumstances.
• Postponements should be considered on merits and should be seriously considered by the chairperson.
• Ensure proper arrangements regarding venue and other logistical arrangements.

Notification Of A Disciplinary Action

Click here to download an example of a Notification of Disciplinary Action.