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The Chairperson
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The person who presides over a disciplinary hearing (presiding officer) is referred to as the Chairperson.
The chairperson is a person on a senior managerial level or somebody from the HR department and someone with the required skills and experience. However, it is a line management function to manage discipline, and discipline should be conducted at the lowest possible level. The choice of a chairperson is an important aspect of the process and must be considered carefully. The following are some aspects that need to be taken into consideration.
Impartiality
The purpose of the disciplinary hearing, with regard to the control and management of the disciplinary hearing, is to enable the chairperson to weigh evidence for and against an employee and make an informed and considered decision.
The smaller the enterprise/company the more the person will have a tainted view, and in such cases, careful consideration should be given to ensure that the hearing is conducted in such a way as to place the chairperson above suspicions of actual impartiality.
The chairperson should not only be impartial but there should be no grounds for suspecting that facts might influence his/her decision that are not presented during the hearing. The chairperson may not take other [outside] facts into consideration. If the presiding officer took other facts into consideration, he/she will be able to state reasons for the decision and therefore has acted unfairly because the employee did not have the opportunity to reply to those facts or indeed disputed the truth/validity thereof – which will cause the hearing to be not in compliance with a fair procedure.
If the chairperson adjourns the hearing to liaise with senior management and then report to the managing director on the outcome of the hearing before announcing the decision to the employee concerned the impression of subservience will be created, which will cause the proceedings procedurally unfair, EVEN if the presiding officer acted with good intentions to ensure a correct decision.
Involvement In The Incident/Personal Interest In The Outcome
When an employee has requested that another person chair the hearing and base such a request on reasonable grounds, the chairperson is entitled to refuse such a request, if he/she can substantiate the decision on acceptable reasons. However, a chairperson should scrupulously avoid even the slightest semblance of prejudice. Even if the chairperson is able to conduct the hearing in an objective manner, he/she should consider the sensitivity of the situation. Justice must be seen to have been done – in this circumstance and must not only be unbiased but appear to be unbiased.
If the employer brings an outsider, even though not required by law, to chair a controversial hearing, it will highlight the requirement of impartiality. (See also discussion regarding legal representation.)