YOUR RIGHTS IN A DISCIPLINARY HEARING!

By Teboho Sekhosana

 YOUR RIGHTS IN A DISCIPLINARY HEARING: ENSURING PROCEDURAL FAIRNESS! #how to win a ccma case #how to file a grievance 


The video focuses on ensuring an employee is treated fairly throughout the disciplinary process, from receiving notice to presenting a defense.


1. Right to Adequate Notice

 The most critical component of a fair process is receiving proper notice of the hearing:

   (a) Content Must Be Clear: The notice must clearly state the date, time and venue of the hearing.

   (b) Offense Details: The employee must be charged with a specific offense, and the notice must clearly mention the date, place, and nature of the offense.

   (c) Time to Prepare: The notice must be given with adequate time for the employee to prepare their defense. Giving short notice (e.g less than 48 hours) may be considered unfair.


2. Right to Object and Challenge

If the notice or procedure is unfair, the employee has the right to challenge it:

   (a) Object on Record: If the employee feels the procedure is unfair(e.g, the notice is too short or the change is vague), they must object on the record at the start of the hearing. This objection ensures the procedural flaw is documented for future disputes at the CCMA(Commision for Conciliation, Mediation and Arbitration).

  (b) Timeliness of Charges:  Charges must be brought against an employee within a reasonable time of the alleged offense. An employer cannot wait three months after an incident and then bring a charge without justification.


3. Right to a Fair Hearing

The employee has fundamental rights during the hearing itself, which must be fair and allow for a full defense:

   (a) Defense Rights: The employee has the to present their defense.

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

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

A  hearing is procedurally fair only if the employee is given a full opportunity to exercise all these rights.


By

Teboho Sekhosana

Director: SEKHOSANA TT LABOUR CONSULTANCY

084 436 1494  / 063 039 4468

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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