2.45 Appeal against Disciplinary Action Decision

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Employers allow an appeal by employees to a higher level of management. The employee must lodge an appeal within three working days after service on him/ her of the notification of the finding. No actual hearing need be conducted and the appeal can take the form of a review of the record of the disciplinary hearing. If the appeal is against dismissal, a hearing must be held if the employee requests it. An objective Chairman must be appointed. The parties can introduce further evidence if it was not lead at the disciplinary hearing. The Chairman of the appeal must give his decision within 15 working days after the completion of the review or hearing. The employee, if still dissatisfied, can then take the matter to the CCMA or Labour Court. The 3 and 15 working days referred to in this paragraph are not prescribed in the legislation. They may be prescribed in an internal collective agreement or disciplinary code. In the absence of such documents the appeal and outcome ought to be held within a ?reasonable? period.