Disciplinary Hearing
Was given a letter on the 4th of Dec for a disciplinary hearing to be held on the 8th of Dec, the hearing didn’t take place. Would like to know that does the employer still have a legal right to hold the hearing after failing to do so. There was no notice or letter to inform me about the postponement.
Category: Labour and Employment, Disciplinary Actions
Region: South Africa, Gauteng
1 Answer
Fair procedural requirements include that the employer must investigate and institute a disciplinary hearing as soon as possible. The fact that the hearing did not take place as arranged, and your employer did not give reason neither did he/she reschedule a future date countermand the fair procedure requirement. It is not your duty as employee to force a disciplinary hearing. However, you did not say what the cause of action was, but if it is dismissal for instance, it is procedurally unfair. That would be your submission. Thank you.