Disciplinary hearing: Chairperson introduction and explaining the process

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Disciplinary Hearing Notes: fourieemploymentrelations.com...
In this video I share the "Chairperson's introduction and explanation of the process" speech. I take you through word-for-word how I start a disciplinary hearing. In addition to sharing my speech - I also explain why I say what I do and misperceptions that typically arise in a disciplinary hearing.
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Credentials:
Employment Relations practitioner for over 7 years, assisted over 500 clients in various industries across South Africa, over 2500 disciplinary hearings chaired, numerous CCMA cases, retrenchments, restructuring, contracts of employment, incapacity investigations, grievances facilitated, and negotiations.
I am also the Director of Fourie Employment Relations (Pty) Ltd and, lectured and mentored the subject of labour relations at the University of Stellenbosch.
MCom Cum Laude (Industrial Psychology)
Thesis: The behaviours that make small business owners successful and what success means to them (the development of a small business owner competency model)
BCom Hons Cum Laude (Industrial Psychology)
BCom Management Science (Entrepreneurship & Industrial Psychology)
Numerous courses completed on Nonviolent Communication
Disclaimer: This video is for educational purposes only and is not professional advice.

[@ibrahimalkhiary1195]

Thank you for sharing such precious experience.

[@carmenfourie5346]

It's my pleasure

[@ms.lkmalatji3536]

Thank you for this video

[@VingcamazibukoMqolawukhukhuzwa]

Great presentation. Technical procedure ably explained in plain language and understandable terms.

[@carmenfourie5346]

Thanks for the feedback.

[@larider228]

Interesting. Can you clarify. Is there any difference between INVESTIGATION and INQUIRY/ ENQUIRY in your jurisdiction. If yes, when to do INVESTIGATION and when Enquiry

[@carmenfourie5346]

Typically, the word "investigation" is used when the company/employer is still looking into the incident/incidents before a hearing is scheduled. For example, an employee may be suspended (with pay) while the company conducts an investigation. And then when the investigation is concluded they then schedule the disciplinary hearing/inquiry/enquiry. Where enquiry/inquiry typically refers to the formal/informal process where the alleged offence is going to be discussed/looked into/enquired about to decide if the person is guilty of the alleged offence and if so, what the appropriate sanction should be. That all being said though - there isn't a specific rule that says a hearing must be called a hearing, or an inquiry/enquiry. If the word disciplinary investigation was used for a disciplinary hearing - this could be fair and appropriate as long as the employee is aware of what the words are referring to and that the procedure is conducted as per the fairness requirements. I often choose the wording "incapacity investigation" to refer to the formal process that I conduct when I need to determine whether someone is capable of performing the job to the required standard (examples are medical incapacity, poor work performance, work permit issues, alcoholism, etc.).

[@larider228]

@@carmenfourie5346 much obliged for your response. Understood that Investigation per se, an exercise to establish the prima-facie. It may further ripen into Disciplinary hearing, depending on the outcome. Suppose disciplinary hearing is fixed, as explained it has to be fair. Does the fairness means & includes - Proper notice of charges. Chance to defend - by producing witness. Cross examination of employer's witness etc. Thanks in advance.

[@nombi1892]

What are the questions ?

[@carmenfourie5346]

I made a video with all the questions : kzbin.info/www/bejne/hpSpmnuAgpilbZYsi=ElgKpl5khhB1tGeQ

[@nombi1892]

@@carmenfourie5346 thank you

[@johanstrydom7303]

If i requested a extrernal chairman for my hearing and was denied, what can i do?

[@carmenfourie5346]

There isn't much you can do, because it isn't a legal requirement for a hearing to be chaired externally. The requirement is for substantive and procedural fairness and this you will only be able to know if it was met once the hearing is done. My recommendation is go through the hearing and if afterwards you believe it was unfair refer it for adjudication. We cannot assume "unfairness" prior to a hearing taking place.

[@johanstrydom7303]

@@carmenfourie5346 they also wont supply me with my code of conduct, displinary policies, wont allow my chosen company representative to assist me. And now they deciced not to pay my salary until the hearing is concluded... feeling hopeless

[@johanstrydom7303]

I got all this proof on email exchanges. The reason i asked for an extrenal chairman is because the previous meeting when the charges were laid against me, thats all BS, the chairman told me my life is a joke. And they all laughed at me

[@johanstrydom7303]

Today i have my hearing and i know im going to get dismissed, doesnt matter if i plead not guitly and have valid reasons for all the charges..