2.42 Notice to Attend a Disciplinary Meeting / Enquiry

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This is a request to an employee to attend a disciplinary meeting. At least 48 hours notice should be given. The notice should inform the accused employee, with sufficient particularity, of the nature of the complaint leveled against him/her, as well as the nature of the employer?s case he/she will be expected to meet at the enquiry. Copies of all documents upon which the employer intends to rely at the enquiry should be supplied to the employee beforehand. Sufficient time should be given to the employee to be able to prepare properly for the hearing with his/ her chosen representative, once in possession of the necessary particulars of the complaint(s) and documents. An employee must be notified of his/her right to be represented at the enquiry by a co-employee or shop steward of his/her choice. Where the employee facing disciplinary action is him/herself a shop steward, the right to representation extends to an official of a trade union of which such employee is a member. The enquiry should be instituted within a reasonable period after the occurrence of the alleged transgression. The enquiry should not be conducted by a person involved in the transgression. An interpreter should be used during the proceedings to allow the employee to use the language of his/her choice. All notices should be interpreted for the employee. During the proceedings the employee or his/her representative should be given an opportunity to state his/her case, cross-examine witnesses called by the employer and call his/her own witnesses. The employee should be informed of the outcome of the proceedings together with the reasons for the decision. He/she should be given the opportunity to say what disciplinary action, if any, should be taken if it is held that he/she acted in a manner that warrants disciplinary action. It is usual to have a neutral Chairman. Since the Labour Relations Act (LRA) (See Form 2.5) places the burden upon the employer of proving the existence of a valid and fair reason for the dismissal as well as the fact that a proper procedure was followed, it is advisable to keep detailed minutes of any disciplinary enquiry.