WHAT MAKES A DISCIPLINARY NOTICE FAIR?

By Teboho Sekhosana

 WHAT MAKES A DISCIPLINARY NOTICE FAIR?   #how to win a ccma case, how to handle a grievance, employment law, labour law 


1. The Principle of Adequate Notice 

    (a) Time to Prepare: The most crucial element is that the employee must be given adequate notice of the hearing.

    (b) Unfair Notice : Providing short time notice- for example, less than 24 hours- is generally considered procedurally unfair, as it does not allow the employee to properly prepare their defense. If  the notice is inadequate , the employee should ask for an extension to prepare.


2. Necessary Details the Notice Must Contain

For a notice to be fair, it must clearly specify four critical pieces of information related to the charge and the hearing.

    (a) Date, Time, and Venue: The notice must clearly state the date, time, and venue where the hearing will take place.

    (b) Specific Offenses: The notice must state the specific offense the employee is being charged with.

    (c) Details of the Incident: The charge must clearly mention the date, place, and nature of the alleged offenses. If these details are not clear, the notice is unfair.

    (d) Reasonable Timeframe: There should not be a large gap between the time the offense allegedly took place and the date the employee is charged. Bringing up a historical offense after a long period without justification can be procedurally unfair.


3. Employee Rights at the Hearing

The notice itself initiates a process where the employee retains several key rights:

    (a) Right to Defense: The employee has the right to present a defense.

    (b) Right to Witnesses: The employee has the right to call witnesses and lead evidence.

    (c) Right to Cross-Examine: The employee has the right to cross-examine the employer's witnesses.

    (d) Right to Object: If an employee believes the notice or the procedure is unfair, they must object on the record at the start of the hearing to document the procedural irregularity for any future dispute.


BY Teboho Sekhosana 

Director: SEKHOSANA TT LABOUR CONSULTANCY

084 436 1494 /0630394468

sekhosanattlabourconsultancyla@gmail.com 

My name is Teboho Sekhosana I'm an ex Numsa Shopsteward trained in Grievance and Case Handling. Political activists who has had a privilege to spend time in South America(Venezuela)

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