Employment - Notice of Disciplinary Hearing

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Notice of Disciplinary Hearing

Before an employer holds a disciplinary hearing, an employee has the right to be given notice of such hearing and the charges and facts giving rise to same. This notice of disciplinary hearing template helps you structure your case and give the counterparty the possiblity to prepare themselves for your case. When preparing a disciplanairy hearing, one should follow the 6 rules of a fair process.

The 6 rules of a fair disciplinairy process

  • The employee must be notified of the allegations against him using a form and language the employee can reasonably understand. The employee must be given at least 48 hours’ notice of a disciplinary or performance hearing.
  • Hold the hearing before disciplinary action is taken to ensure the employee has an opportunity to challenge the evidence before a final decision is taken against him.
  • Make sure the hearing follows as soon as reasonably possible after the incident in question, preferably not later than two to three weeks.
  • Advise the employee in writing of the precise charge he is required to answer in advance of the hearing, otherwise the employee would not be in a position to prepare his defense. Prepare the allegations in precise, simple terms and in a way he can clearly understand what is going on.
  • The employee should be present at the hearing. However, the hearing can proceed if the employee refuses to attend or participate without good cause or has absconded.
  • The employee should be entitled to the assistance of a trade union representative or fellow employee to represent him in the disciplinary proceedings

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Barter McKellar Law

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