Disciplinary hearings: the employee’s rights

This is the second blog in the series. The first blog entitled ‘Disciplinary hearings: The process’ covered the process a disciplinary hearing needs to follow in order to be a fair hearing. This, the second part of the series, will focus on the rights of the employees during a disciplinary hearing.

Employees facing disciplinary action are entitled to a range of rights to ensure they receive a fair hearing. These rights were founded on the right to fair labour practice and are laid out in the Labour Relations Act of South Africa.

The rights of the employee are as follows:

• The right to a sufficient amount of time to prepare a defence. A sufficient amount of time is, as a rule of thumb, 48hrs from the time the notice of the hearing is given. This period of time may need to be extended depending on the number and complexity of charges.
• The employer is obligated to notify the employee of the date, time and location of the hearing.
• Employees have a right to fully understand the charges. Therefore sufficient details need to be given to the employee of the charge in order to prepare.
• The employer needs to provide the accused with the documents that will be used in the hearing. This will satisfy the employees right to documentation.
• A hearing must be held before any disciplinary action is taken, therefore ensuring the employee has a fair hearing and chance to defend themselves.
• The employee is entitled to be assisted/ represented by a trade union representative or fellow employee during the disciplinary proceedings.
• The employee is entitled to represent themselves during the hearing.
• During the hearing, employees have the right to call on witnesses in their defence.
• To ensure a fair hearing and fair disciplinary action, should there be any, the hearing needs to be heard by an independent chairman in order to adhere to the employee’s rights.
• The employee has the right to cross-examine the evidence presented against them during the hearing.
• Above all, the employee has the right to a fair hearing.

The rights stated above have been put in place to ensure that employees are treated fairly throughout the disciplinary hearing process. They also ensure that the outcome of the hearing is fair.

This is the second part of the ‘Disciplinary hearings’ blog series. The next blog entitled ‘Disciplinary hearings: the employer’s rights will be covering the rights of the employer during the disciplinary process.

Professional Sourcing has a strong reputation for highly developed recruitment expertise within our specialisation areas. We develop strong long-term relationships with our loyal clients. Allow us to help you deal with your frustrations of a lengthy hiring process.

Professional Sourcing is a top-tier South African-based recruitment agency operating internationally, IPM accredited, LEVEL 2 BEE RATED and 51% Black Owned.

Professional Sourcing has a strong reputation for highly developed recruitment expertise within our specialisation areas. We develop strong long-term relationships with our loyal clients. Allow us to help you deal with your frustrations of a lengthy hiring process.

Professional Sourcing is a top-tier South African-based recruitment agency operating internationally, IPM accredited, LEVEL 2 BEE RATED and 51% Black Owned.