Disciplinary hearing – how to prepare

Preparing for a disciplinary hearing is crucial. Employers must focus on preparing thoroughly for all disciplinary hearings.

Make sure allegations are not malicious and there is sufficient evidence to support every alleged offence.
Investigate all surrounding circumstances to allegations.
Assess the circumstances that led to the misconduct.
Evaluate if the proof is sufficient to prove the employee’s guilt.
Formulate the charges and ensure it is factually correct
Appoint a competent representative (LWO) to argue the case on behalf of the employer (take note this is not the chairperson)
Appoint an independent chairperson to chair the disciplinary hearing.
Decide on which evidence and/or witnesses to use during the hearing and order it chronologically – proof can include documentation, photos, footage, personal witness evidence, etc.
Anticipate possible defences that the employee can bring during the disciplinary hearing and prepare questions to cross examine the employee.
Prepare closing arguments that summarise proof and argue why the employee should be found guilty of the misconduct.

Contact the LWO for assistance with this process! We make labour law easy and simple.

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