Professional Documents
Culture Documents
Disciplinary Enquiry
The chair of the disciplinary enquiry must, insofar as it is possible, be a person who
is able to make an independent decision based on the facts presented at the
enquiry. The chair of the disciplinary enquiry must be a person who has not been
involved with investigating the employee concerned or who is going to prosecute
the charges against the employee in the disciplinary hearing.
The chair of the disciplinary hearing must consider whether:
the employee being charged broke a rule of conduct in the workplace;
The Code of Good Practice recommends that when deciding whether or not to
impose the penalty of dismissal, the employer should consider:
the gravity of the misconduct;
the employee's circumstances, including length of service, previous disciplinary
record and personal circumstances;
the nature of the job; and
the circumstances of the infringement itself.
It is imperative that the employer applies the penalty of dismissal consistently with
the way in which it has been applied to the same and other employees in the past
and consistently between two or more employees who participate in the misconduct
under consideration.
PRINCIPLES OF NATURAL JUSTICE
The procedure for taking disciplinary action against any delinquent employee must
be based on principles of natural justice - which again are in conformity with the
principles of a Welfare State.
To hold an enquiry in conformity with the principles of natural justice, the following
conditions are to be met :
a) the employee proceeded against has been informed clearly of the charges
levelled against him;
9. Appeals
9.1 An employee who is dismissed shall be entitled to appeal against such
dismissal to the [appropriate managerial structure].
9.2 Appeals must be noted in writing within five (5) days of the decision,
stating the grounds of appeal.
9.3 The [appropriate managerial structure] shall determine if it is necessary to hear
further evidence, or to allow further submissions to be made, and may confirm, vary
or uphold any appeal.
9.4 The [appropriate managerial structure] may delegate its powers in 10.3 to a
sub-committee or representative.
9.5 In the event that the dismissal is confirmed, the date of dismissal shall be that
date on which the employee is advised of the outcome of the appeal hearing. An
employee who is dismissed must be informed that's/he has the right to refer a
dispute in terms of the Labour Relations Act of 1995 within 30 days of the date on
which the employee was dismissed.