Preparing For The Hearing

In order to ensure both that the hearing is fair and reasonable and that the Employer’s case is presented in the best possible manner, a member of management should be tasked with preparing the case for the Employer and presenting the case at the hearing (this person may be likened to an internal “prosecutor”, and is sometimes called the initiator).

Successful preparation will include the following:

An information-gathering exercise during which all relevant dates, times and facts are gathered and then collated in chronological order. From this exercise will emerge which persons should be called to give evidence, and what documentation should be handed in at the hearing, to support the Employer’s case.

Consulting with the witnesses that had been identified and taking a brief statement from each of them. This will ensure that only witnesses whose evidence is relevant to the charge are called.

From the above, it will be apparent whether any additional charges should be added to the charge sheet as well as whether any additional persons should be charged with misconduct. For instance, it may become clear that not only should the original employee should be charged with assault, but the person whom he assaulted should also be charged with using foul and abusive language.

Prior to the hearing all documentation that is to be used at the hearing should be bound in a file and two copies of the file made. This will ensure that at the hearing the chairman and the accused employee each have a copy of the documentation being referred to in front of them