What are the procedures to be followed at a disciplinary hearing?

Steps to follow during a disciplinary hearing:

• Issue the employee with a notice to attend a disciplinary hearing.
• Have the hearing on the proposed date and time.
• During the hearing the chairperson will ask the employee to plead guilty or not guilty to the charges brought against him.

What are the steps involved in disciplinary action?

Discipline generally follows a typical sequence of four steps – verbal warning, written warning, suspension, and dismissal.

Can you get sacked on your first disciplinary?

You could be dismissed straight away in cases of ‘gross misconduct’ such as theft or fighting. Even then, the employer should hold a proper disciplinary hearing and give you a chance to tell your side of the story first.

How long should a disciplinary investigation take?

Some investigations might take longer depending on the case and how many people need to give information. For example, a simple case might only take a day to gather enough information, whereas a more complicated case could take several weeks.

How many warnings do you get before a disciplinary hearing?

It is recommended that you make provision for a “comprehensive final written warning” and include a provision in your disciplinary policy that stipulates that any employee who is issued with more than two valid final written warnings may be dismissed.

Can you get sacked at a disciplinary?

Do you always get sacked for gross misconduct?

No. The point of gross misconduct is that it is conduct so bad that you are justified in dismissing the employee instantly (subject to having followed a disciplinary procedure). If you give your employee notice – or pay in lieu of notice – you may weaken your case.

What is a sackable Offence?

/ (ˈsækəbəl) / adjective. of or denoting an offence, infraction of rules, etc, that is sufficently serious to warrant dismissal from an employment.

What is Sackable Offence?

What are examples of gross misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

What’s a sackable offence?

What are Sackable Offences?

Examples of sackable offences Aggressive or intimidating behaviour at work. Dangerous horseplay in the workplace. Indecent or abusive behaviour in the workplace. Discrimination or harassment of another employee. Serious insubordination in the workplace.

Can I be sacked without a written warning?

‘Summary dismissal’ is dismissal without notice and is only allowed for ‘gross misconduct’. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence).

How to properly run a disciplinary hearing?

– New evidence coming to light which was not available at the time of the original decision or which was unreasonably withheld and which could have materially affected the outcome; – A flaw in the procedure adopted which could have influenced the final outcome; – Unfairness of the judgment; or – The severity and gravity of the penalty imposed.

What to expect at a disciplinary hearing?

– the complainant and the respondent are entitled to a copy of the minutes. – the minutes may be tape-recorded provided there is no objection from either party. – the respondent (accused) is not entitled to legal representation at the Disciplinary Hearing unless the employer agrees to it.

How to conduct a formal disciplinary hearing?

– The date, time and venue of the hearing. – The names of the participants – The role each is to play – Record receipt of a copy of the Notice of Disciplinary Hearing. – Record that the charges are correctly framed and brought.

Who should attend a disciplinary hearing?

the respondent (accused) is not entitled to legal representation at the Disciplinary Hearing unless the employer agrees to it. The respondent is entitled to representation only by a fellow worker from his/her place of work. The Hearing The following should be present: The Chairman the complainant. the respondent (accused)