An interesting and innovative application was made by Mr Olivier who tried to interdict (stop) MTN Management Services from going ahead with a Disciplinary Hearing. Olivier said that the matter was urgent and asked the Labour Court to stop the hearing because of various circumstances. The Labour Court looked into the problem and said that the circumstances were not special or the applicant could not show that he had suffered any injustices yet and therefore the Labour Court said he had not made out a case for this interim relief. The hearing went ahead.

Disciplinary Hearing

Disciplinary Hearings have become more and more complicated and management are reminded that if an employee requests outside legal representation at the disciplinary hearing, this must be carefully considered at the hearing before a decision is made, either to allow or disallow the legal representation. Furthermore, a request for further particulars to the letters to attend the Disciplinary Hearing must be carefully taken into account and answered if possible. Any refusal by management to supply the requested particulars, should be debated at the disciplinary hearing before the Chairperson so that the Chairperson can make a reasoned decision as to whether the particulars are required to continue with the disciplinary hearing. If the particulars are required, then the Chairperson should postpone the disciplinary hearing to allow the employee time to consider the documents and particulars that have already been requested.

For further information on the Employment Equity Act any labour related matters, you can contact
Bernard Reisner:

W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za

FAQs

Yes, an employee can request outside legal representation at a disciplinary hearing. Management must carefully consider this request before making a decision to allow or disallow the representation. It is important to ensure that the employee feels adequately supported during the process.

Management should take any requests for further particulars seriously and respond if possible. If the particulars are deemed necessary for the hearing, the Chairperson may postpone the hearing to give the employee time to review the requested documents.

The complexity of a disciplinary hearing can depend on various factors, including the nature of the allegations, the evidence available, and whether the employee has requested legal representation. Management should ensure that all procedural requirements are met to uphold the integrity of the hearing.

If the Labour Court denies an application to stop a disciplinary hearing, the hearing will proceed as scheduled. The Court may determine that the circumstances presented do not warrant an urgent intervention, allowing the employer to continue with the disciplinary process.