Structure of the hearing: introduction

A hearing in this context is used to manage an employee’s performance using disciplinary action. It’s a formal meeting to decide how to deal with a worker who has not obeyed company rules or has caused serious problems and is done with Liz facilitating the meeting, who needs to make a decision after all the facts are presented in evidence for or against the charges made by an employer against an employee. A disciplinary hearing is a meeting between an employer and an employee when the employer wishes to discuss an allegation of gross misconduct with an employee (or any other behaviour that merits disciplinary action).

During the hearing the chair (presiding officer) will ask the employee to plead guilty or not guilty to the charges brought against him or her. The employer puts his case by submitting proof and calling witnesses. The employee is then allowed to put his or her case and cross-question the proof submitted by the employer. The principle of audi alteram partem applies in the disciplinary hearing, which means that when exercising their legal function, the chairperson must hear both sides of every case, and that each party must be given an opportunity to voice and hear the evidence in accusation and in defence.

The hearing is a process that is structured in a particular order. It is important for all parties to familiarise themselves with this process so that they can focus entirely on the productive presentation of evidence rather than the process. The employer presents his/her case by presenting evidence and calling witnesses. The employee is then allowed to present his/her case and cross examine the evidence presented by the employer. Thereafter the employer may cross examine the employee’s evidence and witnesses.

This section covers the structure of the hearing.

Use the forms below as tools for facilitating a hearing.