Disciplinary hearing – how to prepare
Preparing for a disciplinary hearing is crucial. Employers must focus on preparing thoroughly for all disciplinary hearings.
Keep the following in mind when preparing for a disciplinary hearing:
- 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.
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