What steps does my employer need to follow prior to the disciplinary hearing and during the disciplinary hearing?
Before an employer institutes disciplinary action, he needs to follow a fair procedure
Schedule 8 of the Labour Relations Act 66 of 1995 (LRA) provide us with guidelines as to the procedure an employer needs to follow prior to the disciplinary hearing and during the disciplinary hearing. In fact, these are your rights!
Section 4 of Schedule 8 of LRA 66 of 1995 provide the basic rights of an employee:
- Normally, the employer should conduct an investigation to determine whether there are grounds for dismissal. This does not need to be a formal enquiry. The employer should notify the employee of the allegations using a form and language that the employee can reasonably understand. The employee should be allowed the opportunity to state a case in response to the allegations. 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. After the enquiry, the employer should communicate the decision taken, and preferably furnish the employee with written notification of that decision.
- If the employee is dismissed, the employee should be given the reason for dismissal and reminded of any rights to refer the matter to a council with jurisdiction or to the Commission or to any dispute resolution procedure established in terms of a collective agreement.
In a nutshell, you have rights! Phone us once you receive a notice to attend a disciplinary hearing!
MISA is just a phone call away!