Can a lawyer be present at a 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.
Who is entitled to legal representation at a disciplinary hearing?
the respondent (accused) is not entitled to legal representation at the Disciplinary Hearing unless the employer agrees to it. The respondent is entitled to representation only by a fellow worker from his/her place of work.
When do I have to go to a disciplinary hearing?
The hearing should be held as soon as possible after the investigation, while giving reasonable time for the employee to prepare. In good time before the hearing, the employer should put in writing to the employee: Employers can download letter templates for giving an employee notice of a disciplinary meeting.
What should an employee companion do during a disciplinary hearing?
The employee’s companion should be allowed to: set out the employee’s case respond for the employee to any comments or points made at the meeting talk with the employee during the hearing
How to give notice of a disciplinary meeting?
Employers can download letter templates for giving an employee notice of a disciplinary meeting. The employee can also bring evidence to the hearing, for example emails, to show and talk about.
the respondent (accused) is not entitled to legal representation at the Disciplinary Hearing unless the employer agrees to it. The respondent is entitled to representation only by a fellow worker from his/her place of work.
When to give notice to attend disciplinary hearing?
Where an alleged breach of the rules cannot be condoned the Employer can issue the Employee with a Notice to attend a Disciplinary Hearing to make the Employee aware of the process being initiated. The notice needs to include the following information: The right of the Employee to call witnesses.
Why are disciplinary hearings so difficult for employers?
Disciplinary hearings are a difficult area for employers. Even though there can be a wealth of evidence against an employee, if a fair process is not followed, it leaves the employer open to the risk of a claim for unfair dismissal. In this blog, Employment law solicitor Anna Lovett will cover:
Can a disciplinary hearing start without an opening statement?
Each party (the complainant and the respondent) will deliver its opening statement, which is a brief outline of the case which each party will seek to make out. In other words, an outline of the case to be brought. It is not a prerequisite that opening statements be delivered. The hearing can proceed without opening statements.