Disciplinary hearing chairperson and initiator.
We act as an independent disciplinary hearing chairperson, or as initiator for the employer, in matters involving senior employees.
Two roles, one fair process
Disciplinary hearings involving senior employees are often challenged at the CCMA. A finding holds up when the process was fair and properly recorded.
We act in one of two roles: as independent chairperson, appointed to run the hearing and decide the matter, or as initiator, presenting the employer's case. We do not act in both roles in the same matter.
Hearings from charge to sanction
- Drafting disciplinary charges
- Acting as initiator (prosecutor) for the employer
- Chairing disciplinary hearings as an independent chairperson
- Chairing appeal hearings
- Handling grievances and grievance hearings
- Written findings and recommendations on sanction
- Interdicting a disciplinary hearing, or opposing an interdict, in the Labour Court
- Drafting disciplinary codes and grievance procedures
A fair process, on record
Appointment
We confirm the scope of the appointment, the charges and the timelines with the employer.
Preparation
We review the evidence, the disciplinary code and the employment contract.
Notice
The employee receives the charges and enough time to prepare.
Hearing
Both sides present evidence and witnesses, and the chairperson rules on procedure and admissibility.
Finding
A written finding on each charge, with reasons.
Sanction
A recommendation on sanction, delivered within the agreed time.
Common questions
Can the same attorney act as chairperson and initiator?
No. In each matter we act in one role only: as independent chairperson, or as initiator for the employer.
Do you draft the charges?
Yes. When we act as initiator we draft the charges, prepare the evidence and present the employer's case.
Do you chair appeal and grievance hearings?
Yes. We chair appeal hearings and grievance hearings as well as first disciplinary hearings.
Recent work
See our clientsPRASADisciplinary hearing
Chaired a hearing involving a senior employee charged with misconduct.
Nelson Mandela Children's FundDisciplinary hearing
Chaired a hearing involving a senior manager charged with misconduct.
Gauteng Gambling BoardDisciplinary hearing
Prosecuted a senior employee for misconduct. The employee was found guilty on most charges and dismissed.
GyroDisciplinary hearing
Chaired a hearing involving a senior employee charged with misconduct.
SANEDIDisciplinary hearing
Prosecuted an employee for misconduct on behalf of the employer.