Finer points for Chairpersons of disciplinary hearings

Chairing disciplinary hearings can be daunting for managers and labour relations practitioners. Understand what to look for when evaluating contradicting evidence and how to practically reach a justifiable finding and sanction in proceedings of this nature.

The new Code of Good Practice: Dismissal provides clearer guidelines on fairness requirements and what to consider when determining an appropriate sanction.

1. Fairness requirements - Procedural and substantive - Schedule 8 of the Labour Relations Act (updated)

2. The onus of proof and evaluating evidence - what does a balance of probabilities mean? Balancing the credibility and reliability of witnesses and assessing the inherent probabilities of conflicting versions. There is a process that can help you - we'll explain it.

3. Making a finding (Is a mere denial enough? What about offering an explanation, but no proof? What role does cross-examination, or the lack thereof, play in evaluating probabilities? How is probative value assessed? What about…