Extribyte
Hearings
Excellence • Integrity • Openness
Our Vision & Misson
To be the leading provider of people solutions in workplaces.
Nurturing excellence in workplaces through:
- Creating employability amongst the unemployed youth;
- Specialist HR & Business Process Consulting
- Facilitating customised training
Our Services
Hearings
Representing the Employer in Disciplinary Hearings
We provide the capacity and expertise to represent employers in disciplinary hearings or presenting the employer’s case as the Initiator in the hearing. It involves thorough preparation of the notice and allegations/charges against the employee, compiling a bundle of documentary evidence to be used in the hearing, preparing arguments and witnesses, and presenting the case before the Chairperson.
Chairing Disciplinary Hearings
We provide well qualified and experienced Chairpersons for Disciplinary Hearings where employers do not have the capacity to provide their own Chairperson, or where there is a need for an independent outside person to chair hearing. The Chairperson will direct the proceedings, listen and gather the evidence presented, apply the rules of fairness and pronounce a finding as well as sanction on the matter at hand.
Dealing with Disciplinary Appeals
We also consider and decide on Disciplinary Appeals should appeals be allowed in a certain workplace, and should an employer not have the capacity to do so internally.
Dismissals
We provide expert advice on dismissals and the processes to be followed either based on misconduct, incapacity of retrenchment.
Frequently Asked Questions
Can an employee be dismissed without a hearing?
The LRA requires employers to follow a fair procedure before dismissing an employee. The employer can also be challenged at the CCMA or a Bargaining Council for not following a fair procedure.
How many days of notice should an employee be afforded before a hearing?
The LRA only specifies that reasonable time should be allowed, but the employer would determine such a reasonable time in its Disciplinary Code and Procedure. If no such time is specified or the employer does not have Disciplinary Code and Procedure, it is generally accepted that two to three days is reasonable.
Can a hearing be chaired by someone involved in the investigation or who was part of drafting the charges against an employee?
No, the Chairperson should be an impartial person who has no knowledge of the facts of the matter to be heard.
Who may represent the parties at a hearing?
The Disciplinary Code and Procedure in a workplace normally stipulates who can represent either the employee or the employer. Employees may normally be represented by a fellow employee of a union recognised in that workplace. The employer may, depending on the internal rules be represented by any person so appointed, whilst in some cases, they can appoint a person from outside the organisation. Normally neither the employee nor the employer may be represented by a Legal Representative.
Contact
Get In Touch
Office: 082 show number
Mobile: 082 show number
Office address: 999 Clifton Avenue, Centurion
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