Can I bring a lawyer to my disciplinary hearing?
The Labour Relations Act, Act 66 of 1995 (“LRA”) does not deal expressly with the question of whether legal representation should be allowed during disciplinary hearings. … Therefore, as a matter of general legal principle, an employee is not entitled to legal representation in internal disciplinary hearings as of right.
Can I take someone to a work meeting?
You have a legal right to be accompanied at all Formal Meetings with your employer regarding any problems or concerns you may have at work. But this companion may only be a work colleague or a representative of a trade union.
Can an employee bring a witness to a disciplinary meeting?
There is no statutory entitlement for an employee to call witnesses at a disciplinary hearing. … The employer should allow the employee to obtain and submit a written statement from a witness who does not attend the hearing, if the witness is willing to provide one.
Should I tell my employer Im getting a lawyer?
And if you’re hiring an attorney long-term, such as for litigation work, the employer must and will be told you have a lawyer at some point, in fairness to the employer. … It’s best that the lawyer and employee/client discuss and plan in advance the announcement that the lawyer was hired.
Who is allowed at a disciplinary hearing?
You don’t usually have a right to bring anyone else. You can ask your employer if someone else can accompany you, but they don’t have to agree to this. They might have a policy of allowing a wider range of people to come with you. The person who comes with you is called your ‘companion’.
Who is allowed in a disciplinary hearing?
You have the right to take someone with you to a disciplinary hearing, but you must tell your employer about this first. Your companion can be either: a colleague. a trade union representative.
How much notice should you give for a meeting?
Giving 24 to 48 hours’ advance notice of scheduled employee meetings is sufficient to ensure you avoid unemployment compensation liability in the event employees choose to ignore attendance requirements.
Can an employer force you to attend a meeting?
Your employer can ask you to attend a meeting to discuss matters related to your employment. If you do not agree to attend, your employer can direct you to attend a meeting and you could be subject to disciplinary action if you do not comply. However, you may be able to negotiate the time or format of the meeting.
How much notice does an employer need to give for a disciplinary meeting?
Depending on how complex the investigation was and how much information there is for you to consider, normally five working days’ notice for a disciplinary hearing is sufficient. You should also arrange for a note-taker to support you at the disciplinary hearing.
What are my rights in a disciplinary hearing?
The employee’s right to be heard and to present a defense
The purpose of disciplinary hearings is to ensure that accused employees have an opportunity to lead evidence in rebuttal of the charge, and to challenge the assertions of their accusers before an adverse decision is taken.