Guidelines on Chairing a Disciplinary Hearing

The chairperson should conduct the hearing as follows:

• The chairperson must welcome and introduce all present.
• Briefly introduce him/her and state position in the organisation.
• Explain procedure to follow and ensure that parties involved understand the rules of the procedure. Make authority known and make it clear that no unruly behaviour will be tolerated. Experienced employee representatives will evaluate the chairperson closely to consider certain strategies. Parties must know that you are in control.
• Ensure that all procedural requirements have been adhered to. Ensure proper notification and confirm issues regarding representation, interpreter, witnesses, and readiness to proceed. Briefly explain the purpose of a hearing and put the accused at ease that the hearing will be conducted in a fair and neutral basis, and that the accused should use the opportunity to defend him-/herself.
• After the charge sheet has been read to the accused, the accused must be afforded an opportunity to plead (guilty/not guilty) to each charge. If there are more than one complaint, deal with one complaint completely before moving on to the next.
• Should the accused plead guilty, the chairperson should confirm and explain to the accused the implications and ensure that the accused fully understands all aspects regarding the complaint.
• Should the accused still plead guilty note accordingly.
• Even if the accused pleads guilty the hearing should proceed in order to collect all the facts and evidence. The accused could still need to respond regarding the circumstances and other related issues. Remember, the chairperson must still apply an appropriate sanction in line with the transgression and circumstances.
• After all the above have been established, the complainant should give a short opening statement, listing the main factual circumstances and the reason for charging the accused.
• Thereafter, the complainant will present his/her case by calling witnesses and evidence.
• The accused/representative may cross examine the witness.
• Again, the chairperson must keep the proceedings orderly and only allow evidence that is relevant to the matter.
• The same opportunity must be given to the accused.
• Allow the same process with regards to other complaints, if applicable.
• At all times, the chairperson must refrain from being biased. Questions should be only for clarity. The chairperson is assigned to ensure an effective process and must cautiously protect this objective.
• After closing arguments have been presented the proceedings should be adjourned for the chairperson to reach an outcome (whether the accused is guilty/not guilty).