If you are an employee or executive who earns above R50 000 per month, or if you have a strong case with outstanding merits, you may be eligible for our exclusive “No Win, No Fee” services (subject to qualification and terms and conditions).
Contact us today to see if you qualify.
Employee Preparation for Disciplinary Hearing – Prepare Your Case in 7 Steps
Just found yourself in the “hot seat” at work? Been handed a notice to attend a disciplinary hearing? Not sure what to expect, how to prepare or even how to defend yourself? Many employees find themselves in this exact predicament and unless you’re part of a workplace trade union, you’re going to be going about it all on your own. So where does one start?
A disciplinary hearing can be a make-or-break situation for any employee and is not something to be taken lightly. In a volatile economy such as ours, it can mean the difference between continued employment and job loss, which is why you must prepare for the hearing like a professional so you can present your case in the strongest way possible, especially if you’re innocent. While you might be feeling terrified and vulnerable right about now, we’re going to help you become your very own labour lawyer, even if it’s only for just an hour.
Know Your Rights and Ensure Procedural Fairness
First and foremost, know your rights and make sure procedural fairness has been adhered to. Section 1 of the Labour Relations Act (LRA) and section 27 of the Constitution both refer to the right of every person to fair labour practices. In addition, section 185 of the LRA gives every employee the right not to be unfairly dismissed or to be subjected to unfair labour practices. Schedule 8 of the LRA provides that the employee should be entitled to a reasonable time to prepare their response.
Constituting the core rights of an employee when suspected of misconduct and to be fair in terms of the above legislation, you should have at least 24 hours (Schedule 8 of LRA) and must always be reasonable considering the charges themselves. Additionally, the notice to attend should clearly phrase the exact allegation against you as well as notifying you of your entitlement to the assistance of a representative or a fellow employee. Once procedural fairness is complied with, you can start preparations.
Prepare Your Case in 7 Steps
While this is certainly not going to be a high court trial, if you’re innocent and want to defend yourself in the best way possible, preparation is key and, in your case, it’s the difference between a job and no money in the bank. Use these 7 straightforward steps to prepare for your disciplinary hearing:
- Assess the allegations against you to determine whether they have been brought in good faith or whether your employer has taken disciplinary action for personal reasons;
- Investigate the circumstances of the alleged incident(s);
- Evaluate the evidence brought forward by your employer to establish whether it constitutes proof or not;
- Decide on representation and which witnesses and other evidence you’d like to use to defend yourself;
- Prepare questions for both the employer’s witnesses and your witnesses;
- Put forward clear-cut evidence that acquits you from the allegations; and
- Prepare your closing statement.
Preparation is key when it comes to a disciplinary hearing, and to make sure you’re legally armed and that your case is watertight, make sure you follow these seven steps to prepare for your hearing. However, should you require expert assistance, turn your attention to Allardyce & Partners.
We Assist Employees with a “No Win, No Fee” Approach
Registered as expert labour law attorneys with the Law Society, we are a boutique law firm that specialises in labour law and employment law. In defence of the distressed, we take great pride in providing employers, employees, trade unions and employer organisations with legal advice, representation in the CCMA, Bargaining Councils, Labour Court and Labour Appeal, and we also offer FREE legal consultation for exploited, unfairly dismissed or victimised employees.
Boasting a formidable reputation complemented with the backing of an exceptional team of attorneys and paralegals, we can assist you with preparations for disciplinary hearings, unfair unilateral changes in the terms of employment, victimisation, and unfair demotion, discrimination, dismissal, retrenchment, suspension and treatment. For more information about the LRA or assistance with your disciplinary hearing – contact us at reception@www.allardyce.co.za or on 011 234 2125 today.
NB: This article is for information purposes only and does not constitute legal advice. You are advised to consult with us before using/relying on this information.
