20181119 BS EDITED TechStream Handbook WIP

These procedural rights of an employee are important — if the employee is deprived of any of his/her
rights, it may make the entire disciplinary process being unfair.
If the employee charged with misconduct is also a trade union representative (shop steward), the
company must ensure that the trade union is informed of the charge, and that consultations take
place with the trade union in respect of the disciplinary charges brought against the representative.
This also applies in cases where the employee is an office-bearer or official of a trade union.
2.1.7.6 The Chairperson of the Hearing
The chairperson of the hearing should be objective and neutral in respect of both the employee and
the manager/coordinator who conducted the investigation.
The chairperson should not have been involved, directly or indirectly, in the misconduct itself and
cannot be a witness, for example, or the victim of an assault.
The chairperson bears considerable responsibility for ensuring that the employee receives a fair
hearing.
The chairperson should be someone of a rank or position either similar or higher than the
manager/coordinator who conducted the investigation, and, if possible, a position higher than the
employee charged with misconduct. The company may also appoint an external person to chair the
disciplinary hearing.
The chairperson must maintain order in the disciplinary enquiry.
There is no need for the chairperson to take any decision immediately, but rather may take time to
consider the decision.
2.1.7.7 Deciding on an appropriate sancion
The employee may state reasons why he/she should not be dismissed or why a certain disciplinary
sanction should not be applied. The employee may lead evidence in mitigation of the disciplinary
offence. This may include a long and unblemished disciplinary record, provocation, heat-of-themoment
actions, or even the personal circumstances of an employee.
The following factors may be relevant in deciding the appropriate sanction:
• The nature and seriousness of the offence;
• The impact of the misconduct on workplace relationships;
• The likelihood of the misconduct being repeated;
• The need to act consistently — similar cases being treated similarly;
• The personal circumstances of the employee.
TechStream Global Limited, Annexe A, Long Kloof Studios, Darters Road, Gardens, Cape Town, South Africa,
8001 Tel: +27 (0) 21 422 0851 W: www.TechStreamglobal.com
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