how to prepare for a disciplinary hearing

02/12/2020
how to prepare for a disciplinary hearing

Gather Evidence . The next step is to prepare the case. Discipline Advocacy Tools. You should consider the allegations made against you and prepare a written record containing your response to the allegation(s) and any relevant incidents that may have led to it. Regardless of the industry you work in, or what you have done, there are three reasons why you have been called to a disciplinary hearing: Conduct means something you have done has breached the terms of your employment. Whoever you bring with you, make sure they are fully aware of the situation. Finally, you can provide new evidence. Deciding which witnesses and other evidence will be used. You can also challenge the evidence upon which the decision is made. Think hard about whether you have any witnesses to the alleged events. As an example, your employer may be able to search a locker or work computer to gather evidence without a warrant. A disciplinary meeting is often bound up in emotion. The individual leading the hearing should start by asking the employee to confirm that they understand what the hearing is about, what the allegations are and what disciplinary action they could face if the decision is made against them. Depending on your employer's policies and the rules that pertain to disciplinary hearings, you may also be required to allow the employee to bring a union representative or work colleague. A grievance hearing in particular is a listening exercise. If you consistently fail to hit your targets, you may be invited to a disciplinary meeting. The next step is to determine if any resources are available. This hearing is basically an opportunity for your child to tell his/her side of the story. Ensure that the basic principles of fairness are followed throughout the disciplinary procedure. The date set for the disciplinary hearing should be in line with your disciplinary procedure, and give you and the employee sufficient time to prepare. However, where the manager responsible for bringing the case on behalf of the employer fails to do so properly the likelihood is that the CCMA arbitrator’s decision will go against the employer. set out the employee’s case. A union may provide a representative familiar with disciplinary hearings or access to a lawyer. In every instance where there is a possibility of dismissal, the employer must prepare for the disciplinary hearing as if he were preparing for the CCMA conciliation and arbitration – for the simple reason that 99% of employees will refer the matter to the CCMA. Coming in for a disciplinary hearing with AU's Student Conduct & Conflict Resolution Services? Read your notice letter carefully. Another important difference is that many disciplinary hearings operate on a different standard of proof than criminal proceedings. This hearing is basically an opportunity for your child to tell his/her side of the story. From that moment, you can get the ball rolling on your defence. give you a chance to tell your side of the story. We can help you with the next steps and with making your points to your employer in any appeal or disciplinary hearing. At the hearing your employer should: explain the complaint against you. There are several differences between a disciplinary hearing and a criminal proceeding, most notably disciplinary hearings may not be subject to the Charter of Rights and Freedoms. Your employer must formally notify you of your disciplinary meeting in writing. The allegation could be a breach of a workplace code of conduct, harassment policy, internet usage agreement or countless other violations. For example, an employer deciding in favour of one staff member, but against another. Be honest and explain your arguments and evidence. If you are part of a union, turn to your rep first. You will be going to a hearing to decide if your child will be put out of school. If the meeting is regarding your long term sickness, is there anything your employer can do to get you back to work? You will be going to a hearing to decide if your child will be put out of school. This will enable you to handle challenges that you may encounter with the implementation of disciplinary action. Here are some tips for preparing for a disciplinary hearing. This could be documents such as letters from your GP, emails asking for training, or examples of how your employer has dealt with similar problems in the past. You may want to consult with a lawyer if you are considering an appeal. Download Article As PDF . Do not hesitate to insist upon procedural fairness. If you feel backed into a corner or you know you won’t be able to gather your defence in time, ask to postpone the meeting. Is … How to Prepare for a Disciplinary Hearing . Focus is on the importance of Law of Evidence. After your disciplinary hearing, your employer will issue their decision in writing. If your employer or administrative governing body is not a government agency, your Charter rights might not apply. This might be in an alternative capacity or with adjustments to your job. To prepare for a disciplinary hearing, the first step is to understand the allegations. The workshop has open access to all individuals who need to prepare for and present evidence during a disciplinary hearing. They can help you better if you are transparent with them. By using our site you agree to the use of cookies. Is any restriction on legal representation with adjustments to help understand the allegations or! Need to do your job most often seen in sales roles or similar jobs that are available during the hearing... To victimise them if they do brought by the employer not know how to prepare argument. Locker or work computer to gather evidence without a warrant into account record... 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