Fact: The CCMA doesn't care why you dismissed an employee... It only wants to know if you dismissed him fairly

And if you didn't do it fairly, you could have to pay him up to 12 months' salary!


Disciplinary Hearings
What you’ll get in this exclusive report
  • Six key elements of an effective and legally compliant disciplinary hearing
  • What is procedural and substantive fairness?
  • How to investigate the allegations properly
  • How to formulate the charges
  • How to prepare for the hearing
  • Who should be present at the hearing?
  • Ensure the hearing Chairperson behaves impartially
  • Nine steps of a procedurally correct hearing
  • When is dismissal automatically unfair?
  • Checklist for a chairperson on the issue of legal representation
  • Table of factors you should consider when deciding whether to grant or refuse legal representation
  • A summary of what the courts are saying
  • Four reasons why legal representation may not be a good idea
  • Do you have to allow legal representation in every case?
  • What you can learn from recent case law
  • Landmark case law on legal representation at disciplinary hearings
  • Can an unhappy employee go to the High Court for relief against you?
  • Controversial Court decisions: a different approach
  • What do these cases mean for you?
  • Is it likely employees might start regularly approaching the High Court?
  • The dispute resolution approach envisaged by the LRA
  • Three factors you must consider when determining if it is fair to conduct a second disciplinary hearing 
  • Eight other factors the courts will consider when determining if it is fair to conduct a second hearing
  • Three tips to ensure you hold your first enquiry properly
  • When can you hold a second disciplinary enquiry?
  • What if the first enquiry doesn’t comply with a provision of your disciplinary code?
  • What is double jeopardy?
  • How to describe allegations properly for a disciplinary hearing
  • How to classify the alleged misconduct correctly
  • Three cases that show why you must classify misconduct correctly
  • How to deal with requests for more information or details
  • What does “splitting of charges” mean?
  • When can you change disciplinary allegations against your employee?
  • New court decisions interpret procedural fairness differently
  • You don’t have to cling to the old approach
  • How to pass the procedural fairness test
  • How to use these guidelines in practice
I’ve got this!” It’s one of our favourite sayings around the office. We use it for everything.
 
I’ve got this!” when we have a tight deadline…
I’ve got this!” when we have a difficult problem to solve…
I’ve got this!” when we need to be on top of labour law changes…
 
How many times have you said “I’ve got this!” when disciplining an employee…. Only to find out you didn’t have it at all when he took you to the CCMA and you lost your case? And all because the Commissioner said your procedures weren’t procedurally and substantively fair when you disciplined your employee.
 
And please understand… The CCMA doesn’t want to know why you dismissed and disciplined him… It just wants to know the steps you took were fair.
 
It also cares that the action you took against him was fair too. That’s all it wants to know… And that’s all you have to prove if an employee takes you to the CCMA for disciplining him.
 
But how can you prove that what you did and why you did it was fair? Well, I’m going to show you…
 
  Yes! I want to know how to conduct a procedurally
and substantively fair disciplinary hearing
 
 
Everything you need to know about substantively and procedurally fair disciplinary hearings
 
So… Your employee’s guilty of misconduct. Let’s say he took a company laptop home, without asking permission. It’s a simple open and closed case of theft, isn’t it?
 
Not so fast! You can’t just say “that’s it, you’re out of here” and think that’s the end of that. No, you still have to hold a disciplinary hearing. You still have to give him a chance to defend his case, and explain why he did that.
 
You also have to prove that he did this. You have to spell it out for him and notify him you’re going to discipline him. And you have to give him time to prepare his case.
 
And then there’s even more to it… You have to have a disciplinary hearing so you can prove your case, and give him a chance to defend his… And this is where most employers fail.
 
But not you! Because today I have: And I have it all in one report just for you…
 
  Yes! I want to know how to conduct a procedurally
and substantively fair disciplinary hearing
 
 
We’ll show you exactly how to prepare for a procedurally fair disciplinary hearing
 
In the electronic report Disciplinary Hearings: How to prepare for a procedurally fair disciplinary hearing you’ll get the following:
So don’t wait till the last minute and for the CCMA to say you didn’t act fairly…
  
 
  Yes! I want to know how to conduct a procedurally
and substantively fair disciplinary hearing
 
 
Make sure the CCMA never rules against you for treating an employee unfairly

With Disciplinary Hearings you’ll know the CCMA won’t find you guilty.
 
Because you’ll have:
 
And all of this will make sure your disciplinary hearing is 100% fair and would keep you on the winning side of a CCMA case, should it ever get to that!
 
  Yes! I want to know how to conduct a procedurally
and substantively fair disciplinary hearing
 
 
Make sure you can confidently say “I’ve got this” the next time you have to have a disciplinary hearing!
 
Because the information you’ll discover the Disciplinary Hearings eReport is so vital in making sure you don’t ever get caught having to pay an employee 12 months salary just because you didn’t cover all your bases, I want you to get your hands on it as soon as possible. So I’ve thrown my weight around as the product manager to give it to you for the special price of just R999.
 
But you must hurry... My  business publisher, Rachel Paterson, says I can only keep it at this price for the next seven days!
 
Don’t hesitate. Make sure you really do have it all together for the next time you have to go through a disciplinary hearing. Order your copy of the Disciplinary Hearings eReport at the special low price of R999 today!
 
Here’s to “I’ve got this” for your next disciplinary hearing!



Taryn Strugnell
Managing Editor, Labour Law for Managers
 
P.S. Order the Disciplinary Hearings: How to prepare for a procedurally fair disciplinary hearing eReport today and you’ll also receive a 7 day money-back guarantee. During that period, if you feel it can’t help you have a procedurally and substantively fair disciplinary hearing, simply let me know and you’ll receive a full refund. Order today! Imagine the relief you’ll feel knowing you were fair in your discipline if you ever find yourself at the CCMA!
 

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Disciplinary Hearings

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