The Hearing Itself

At the commencement of the hearing, the Chairman will formally introduce himself and require the other parties to do the same. He will then proceed to explain the procedure that is to be followed and that his role is to ensure that the procedure is in fact complied with.

The normal sequence of events is the following:

• The Chairman will confirm with the Employee that he has received a copy of the charge sheet and will read the charges to the Employee, asking whether he admits or denies each charge.
• The “Prosecutor” or “Initiator” will then give a brief outline of the Employer’s case and proceed to call his witnesses to give their evidence. After each witness has given evidence, the Employee or his representative must be allowed an opportunity to put questions to them.
• The Employee or his representative will then give a brief outline of his defence and proceed to call his witnesses to give their evidence. The Employer’s representative must be afforded an opportunity to question each such witness.
• The Employee will then give evidence on his own behalf, outlining his vision of the events that led to the charges against him. The Employer’s representative then has an opportunity to put questions to the Employee.
• Both the Employer’s representative and the Employee should then be given an opportunity to summarise their case, whereafter the Chairman will make a decision.
• The Chairman will require both the employer’s representative and the employee to address him on the question of an appropriate sanction in the event of a finding guilty.
• If the hearing is adjourned at any stage, the Chairman must ensure that all parties are clear as to the date and time upon which the hearing will reconvene.

Important: In some hearings, the employee or his representative may from the outset, endeavour to disrupt or delay the proceedings by raising objections on several peripheral matters, e.g. the neutrality of the venue, the impartiality of the chairman, the question of outside representation, the constitutional rights of the employee and a host of other issues.

It is the chairman’s duty to rule on these matters as and when they are raised, and if necessary to remind all those concerned that it is the employer’s prerogative to hold a hearing which complies with its own internal disciplinary procedure and the provision of the Labour Relations Act. Should any party remain dissatisfied at the end of the hearing with his ruling on any technical issues, they are free to refer the matter to the Bargaining Council if applicable or Commission for Conciliation Mediation and Arbitration.

Click here to view a video on how to conduct a disciplinary hearing.