[L107] How to Prepare for DISCIPLINARY HEARING in South Africa - From Labour LAWYER

Do you have a disciplinary hearing at work coming up? This video explains step by step how to prepare and what evidence you need in case you have to approach the CCMA or Labour Court.
It also includes disciplinary hearing tips for employees.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
=== SOCIAL MEDIA ===
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Timestamps:
00:00 Detailed help on how to prepare
01:39 Step 1 - Write down Guilty or Not Guilty
01:50 Step 2 - Reasons for Not Guilty
02:52 Step 3 - Evidence for Not Guilty
04:50 Step 4 - Attend the Disciplinary Hearing
05:35 Step 5 - Give Opening Statement
07:18 Step 6 - Lead your Evidence
07:42 Step 7 - Your Closing Statement
07:48 30 days to refer your case to the CCMA for Unfair Dismissal.
Disclaimer:
This video is for general informational purposes only. It does not create an attorney-client relationship between Aslam Moolla and you. You should consult an Attorney to get specific legal advice to your specific situation.
Our goal is to help you better understand your rights. You welcome to contact us by clicking the link above.

[@ahmedismail2553]

A very professional and Compassionate attorney. Aslam's advices calmed the nerves and instilled hope that you may have a strong case. Will always recommend for your labour matters.

[@legalleaderssouthafricanla7309]

Hello Ahmed, Thank you for the wonderful compliments. We wish you all the best with the upcoming matters. Regards, Aslam Moolla

[@petuniaparasi892]

👌🏾So clearly and simply put. A great resource. Thank you?

[@legalleaderssouthafricanla7309]

Hello Petunia Thank you very much for the positive feedback. We appreciate your kind words. Regards, Legal Leaders www.legal-leaders.co.za

[@OnyxMoon81]

I was told that you should be very careful of pleading guilty, that it is advisable to plead not guilty on all accounts and let them prove otherwise if you are in fact guilty..

[@legalleaderssouthafricanla7309]

Hello Onyx Yes - the employer has to prove that you are guilty. This applies both at the CCMA and the Disciplinary Hearing. However whether the employee decides to plead guilty (or not guilty) will depend on the evidence that is available. Sometimes if the evidence is overwhelming against you (for example eye witnesses + documents) - it might be better to plead guilty and then ask for a lesser sanction (for example a final written warning). If you need help assessing how strong the evidence is in your case - you welcome to book an appointment with us. Please email: [e-mail] for further details. Hope this helps! Aslam Moolla Attorney

[@johannestsuseb4487]

Great video indeed. I have a hearing scheduled for next week on gross negligence. I will use your points as reference and compile my case accordingly.

[@legalleaderssouthafricanla7309]

Hi Johannes How did the hearing go?

[@christiewilliams5359]

I contacted the company, very professional and well organized. I personally spoke with Aslam, very friendly and knows exactly what he is doing. I'm more than happy with their service and advice. Would recommend to anyone in need of assistance.

[@legalleaderssouthafricanla7309]

Hello Christie We appreciate you taking the time to post your experience with us. Thank you very much! Sincerely, Aslam [e-mail]

[@ethelchin1543]

so much helpful, thank you

[@legalleaderssouthafricanla7309]

Hello Ethel You welcome! All the best, Aslam Moolla Attorney

[@petuniaparasi892]

This is very helpful🙏🏾

[@legalleaderssouthafricanla7309]

Hello Petunia Thank you for the compliment. We appreciate it. Yours sincerely, Aslam Moolla and the Team

[@omphemetsechake2839]

...this helped

[@legalleaderssouthafricanla7309]

Thank you. We are Labour Law Specialists in South Africa - we help clients with CCMA cases and disciplinary hearings

[@smangelemahlangu6103]

Hi am simangele Mahlangu I have been booked for hearing on Tuesday am a cashier charge is I failed to adhere cash handling procedure I did an undering it's my first time offence and I don't have any evidence because I didn't have a till packer that day so I don't know what must I do

[@nthabisengmore6285]

Thank you for video. Can you do video on how to investigation at work place. Employee for producing fraudulent documents of sick leave.

[@legalleaderssouthafricanla7309]

Hello Nthabiseng We have done one video on our channel. Going fishing while on sick leave. That case dealt with use of sick notes. If you would like to discuss your case with us you welcome to call our office on 031 942 8863 All the best! Aslam Moolla LEGAL LEADERS

[@alkarimshariff2720]

I was loading a trailer and it moved off the shipping dock as I was reversing and I fell down with a forklift on a ground was a driver error as his equipment wasn't safe to be on a road

[@alkarimshariff2720]

❤❤ thanks I have examination coming up with my wrongful termination case after 23.5 years please help with little pointers thanks

[@lerekomakotoko6735]

Hello is the displinary hearing fair if i wasn't given a charge sheet before

[@boitumeloramafole4626]

I received a charge sheet and the charge says “gross negligence which resulted in a loss for which you are jointly or separately liable”. Can I be “tried” alone though the charge says “jointly”? I was not working alone, there are 2 of us an I was told the other lady’s procedure has been completed and she has been barred from talking to me

[@legalleaderssouthafricanla7309]

Hello Boitumelo We advise you to contact our offices asap to book your appointment. We can be reached at [e-mail]

[@derockcarl305]

I wash your were around gauteng, I got arbitration coming in the 19 of this month 😭

[@legalleaderssouthafricanla7309]

Hello Derock We actually take cases all over the country. Please contact us on [e-mail] to discuss your case with us Speak to you soon! Aslam Moolla Attorney

[@1Brozo]

So what happens if your Employer doesnt give if imformation of the charges agaisnt you ? is this lawful

[@luyandamaphinda9401]

How to prepare your defence if caught on video footage committing misconduct

[@legalleaderssouthafricanla7309]

Is the video footage accurate?

[@cameronakazoobieakaarmstro8690]

My manager gave me a counselling for negligence [ basically their was keys that were not locked up however this is the first time it happened] , in a vitamin store their are high value vitamins like zinc or centrum for example those must be locked up to avoid theft the keys were in safe However even tho they were not in the safe . What boggles my mind is the fact that those lockers in which they are locked doesn't have proper pad locks . You can literally open them in 5 secs with a screw driver because they are 2cm long and wide and cheap. Hence they is high value vitamins that are just kept in the stockroom unlocked everyday , so why is she picking and choosing what vitamins to lock up when their is so much high value in the stockroom , another question i have is isn't leaving trollies outside the store not locked up also negligence , coz I don't see anyone getting warnings for that

[@cameronakazoobieakaarmstro8690]

Hence their is *****

[@legalleaderssouthafricanla7309]

Hello Cameron You can challenge this warning at the CCMA if you believe it was unfairly given to you To do this, fill in a CCMA 7.11 form All the best! Legal Leaders SA

[@andilesawula5475]

As an employee if you have a hearing do you have a right to record the whole hearing process just incase you feel taking the further to CCMA?

[@legalleaderssouthafricanla7309]

You may do so

[@FateOfTheElephant]

My employer is issuing a hearing because I asked for a raise after 5 years of work without raise or a bonus. So I said I'm can't work until he pays me market wages. The conversation about wages started in Jan. But now I April I've made it clear i have no intention of working with just low wages and gave him notice of when I would stop working. He issued a hearing saying I've staged an illegal strike (the company of has 2 employees left) . What can I say

[@legalleaderssouthafricanla7309]

Have you taken the matter to the CCMA?

[@user-eo7hu1xj9s]

Please minor can you please assist me with the disciplin hearing for air😢😢😢

[@chitdigital7057]

What if the hearing is set on a date the company knows the employee has prearranged appointments or approved annual leave?

[@legalleaderssouthafricanla7309]

Hello, The hearing usually takes precedence over leave. But the leave must be cancelled. Regarding our consultation services, if you feel that you require more personalized advice, we offer consultations for an R850 fee. You can book an appointment through our website by searching for "Legal Leaders" on Google. Remember, booking a consultation is optional, and there's no obligation. For quicker access to us, you can also save our WhatsApp number: 068 298 0918. Speak soon,

[@theaftermarketSHOW]

There was allegations made against me by my former employer, he sent me an email with the charges. he then asked for a written statement from me..to which I responded with dates , names and detailed events of what happend. Then I was told there would be a displinary hearing.. then he sent the charge sheet again , this time half of the charges from the previous sheet wasnt included and the remaining was tactically re-arrange to counter the proof I sent and emailed in my orginal statement , which i had responded too initially. I waited 5 weeks for the verdict from the displinary hearing , whilst I continued to work. I was then dismissed , breaking of the trust relationship. The person who worked on those specific documents did not report to me , they were also not charged. But in the hearing it was said. That I'm responsible for them. We both reported to the same manager. Can they change the charge sheet , to suite them when u get to your hearing?

[@legalleaderssouthafricanla7309]

Hello, It looks like the Company was trying different tricks to get rid of you. For example by forcing you to make a written statement, or changing the charges at the last minute etc. You definitely need to take the matter up. You can do this with your attorney or by contacting our office. If you would like to book an appointment please email us at: [e-mail] We look forward to hearing from you Aslam Moolla Attorney

[@theaftermarketSHOW]

@@legalleaderssouthafricanla7309 I though that you are obligated to write a written statement, atleast that's how they made it sound..they said, give a written statement so that we can hear your side of the story. I wasnt called in to a meeting or anything. When I requested proof in preparation for the displinary hearing. Can you refuse a written statement ? I dont think many people are aware of this , or perhaps its because it was my first time and the HR manager made it sound like a formality, I even mentioned at the start of the displinary hearing to the commissioner that the charges was changed at the last minute. He just said carry on. Now , I hear that same commissioner is going to represent the company at the CCMA hearing.🤔🙄😱 is that even legal?

[@shamsjacobs4771]

Hi. Do you represent cases at the CCMA in CT as well?or only in Durban?

[@legalleaderssouthafricanla7309]

Hello Sham Yes - we can assist you. Please get in touch with us. Our details are in the description box above. Speak to you soon, Aslam

[@shamsjacobs8083]

Great , I emailed you now , before I saw this message . Chat soon . Shams

[@RSSM1]

Am I allowed to record the disciplinary meeting?

[@legalleaderssouthafricanla7309]

Hello Carlile Yes as long as you have disclosed it and ensure that the recording is not tampered with For a specific review on your case please contact us on 031 942 8863

[@RSSM1]

@@legalleaderssouthafricanla7309 okay interesting thank you , is the chairperson allowed to refuse me voice recording the disciplinary meeting?

[@thespiritriders3932]

i need advice on my case please

[@legalleaderssouthafricanla7309]

Hello The Spirit Rider's No problem. Please contact us via email at: [e-mail] And we can set up an appointment to go through your case with you. Regards,

[@HouseOfNutty]

Such a great video! What happens if you're summoned for a Disciplinary Inquiry and then on the day the lingo changes to Disciplinary Hearing? Is there a difference between the two terms or are they interchangeable? Thank you so much for all the informative videos! 🌺

[@user-eo7hu1xj9s]

Hi

[@calebgovind5009]

😐damn im guilty 😂high school disciplinary hearing for a fight , mxm let me just take the punishment 🍃

[@legalleaderssouthafricanla7309]

Hello Caleb These videos are for workplace disciplinary hearings Goodluck with yours though :)

[@rethabilethabi9050]

Samee!!🤣😭and they don't have any vids regarding school hearings.😭I genuinely wish they did coz I'm stuck.