“I need to attend a disciplinary hearing – who can represent me?”
A disciplinary hearing is sometimes a very confidential and internal matter, and in most cases it is treated as such.
The Code of Good Practice (Schedule 8 of the Labour Relations Act) says the following in terms of a disciplinary hearing:
“4. Fair Procedure
- … The employee should be entitled to a reasonable time to prepare the response and to the assistance of a trade union representative or fellow employee…”
Unfortunately, the above does not provide for a union official (such as MISA’s Legal Team), a trade union representative is generally seen as a shop steward.
In a nutshell, an employee has a right to be represented by a shop steward or colleague.
Wherever possible, MISA applies to represent our members at all disciplinary hearing. Should representation not be granted, MISA always provides our members with telephonic assistance.
If you need a representative at a disciplinary hearing, MISA is a phone call away.