Frequent question: Can an attorney represent an employee at a disciplinary hearing?

Who can represent an employer at a disciplinary hearing?

Parties that may attend a disciplinary hearing are a representative from management, the employee and their representative (if necessary), and witnesses for both parties or either party.

Is legal representation allowed at 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.

How do you represent an employee in a disciplinary hearing?

Explain to the accused employee that he or she must be present during the disciplinary inquiry.

  1. The right to be assisted by a fellow employee or a trade union representative.
  2. The right to call witnesses.
  3. The right to present evidence.
  4. The right to cross-examine witnesses called by the initiator.

What evidence can be used in a disciplinary hearing?

Before your disciplinary or dismissal meeting, ask to see all the evidence from your employer’s investigation. The evidence might include witness statements, emails or other documents. If you have not had enough time to consider your employer’s evidence and prepare your case, you should ask for more time.

THIS IS IMPORTANT:  Can a lawyer also be a witness?

How do you beat a disciplinary hearing?

The easiest way is to prove the allegations made against you are wrong. Tell the truth and have the evidence to back it up. But even with mountains of evidence, there’s no guarantee you’ll beat the disciplinary. At this point, you may wish to take legal advice.

How long should you wait for a disciplinary hearing?

You should be given a reasonable amount of time to prepare for the hearing. This is normally 3-5 days. If you need more time, ask for it, particularly if you have not seen the evidence against you or have not been given a letter setting out the allegations.

Which employee Misbehaviour is considered as a major misconduct?

Some examples of major misconducts are: insubordination, disobedience, theft, fraud, dishonesty, gambling, assault, violence, abuse, habitual absences, habitual late attendance, bribery, negligence of duties, failure to observe safety rules, chronic inefficiency in performance, drug and alcohol abuse, engaging in …

What happens if an employee does not attend a disciplinary hearing?

Where the employee’s representative fails to attend, the intervention of the workers’ committee or relevant trade union may be sought to secure his attendance. If that fails, the employee should be allowed to choose and brief another representative and the hearing should be postponed.

Does HR need to be present during a disciplinary hearing?

HR personnel can attend disciplinary hearings in a supporting role, or potentially in a note taking capacity. However, as noted above, the important point is that the HR adviser does not make or directly influence the decisions. It should be made clear to the employee what HR’s role is in the process.

THIS IS IMPORTANT:  Can the buyer and seller use the same lawyer?

What questions are asked at a disciplinary hearing?

Questions to ask at a disciplinary hearing

  • Can the employee confirm they have received details in writing of the allegations against them?
  • Do they understand the nature of the allegations being made against them?
  • Are they aware that the behaviour connected with the disciplinary investigation is unacceptable?

Is it better to resign before being dismissed?

Can I resign before or during a disciplinary process? Yes, you can. In fact, it is not uncommon to consider resigning when you are facing disciplinary allegations, but this is a very tactical situation and one that ideally you should take legal advice on before you make any decision.

What are the stages of disciplinary procedures?

Disciplinary Procedures: correct steps

  • Get an initial understanding.
  • Investigate thoroughly.
  • Invite the employee to a disciplinary meeting.
  • Conduct the disciplinary meeting.
  • Decide on action to take.
  • Confirm the outcome in writing.
  • Right to appeal.

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.