“Definition of a fair hearing – A judicial proceeding that is conducted in such a manner as to conform to fundamental concepts of justice and equality.”
The Labour Relations Act 66 of 1995 Schedule 8 Code of Good Practise: Dismissal (4) Fair procedure stipulates that:
If an employee commits misconduct, the employer cannot just dismiss him. The employer needs to first hold a disciplinary hearing/enquiry.
There are 6 requirements for a disciplinary hearing to be fair, otherwise an employee can accuse the employer of a procedural unfair dismissal. They are the following:
A fair disciplinary hearing gives the employee an opportunity to prove his innocence. If the hearing is not fair, the employee can refer an unfair dismissal dispute to the CCMA or appropriate Bargaining Council.
In a Nutshell: To have a fair hearing you have to be given an opportunity to be heard and the employer has to adhere to the prescribed requirements as set out in the Labour Relations Act 66 of 1995 Schedule 8 Code of Good Practise: Dismissal (4) Fair procedure.
Remember MISA is just a phone call away!