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CHECKLIST FOR CHAIRMAN

DISCIPLINARY ENQUIRY CHECKLIST FOR CHAIRMAN OF THE DISIPLINARY ENQUIRY MEETING

BEFORE THE HEARING :

Has the employee been informed in writing of the charges? Has the employee been given reasonable notice to prepare a case prior to the enquiry? Has the employee been informed of his/her rights? Have all parties (company and employee) been advised of the date, time and venue of the enquiry? Is an interpreter available if requested by the Employee concerned? Is the venue available? Are there facilities available for recording the enquiry (i.e. tape recorder, video recorder)?

AT THE HEARING :
Ensure that all the witnesses are available. They do not need to be present at the enquiry but should be available if called. Introduce all attendees of the meeting and advise of the rules of conduct (e.g. no abusiveness, etc). Inform the employee of his / her rights. State the charge/s clearly. Ask the employee if he / she admits or denies the allegations. Explain the procedure of the enquiry. Ask the complainant to state their case. The employee / representative and chairman / panel may cross-examine the complainant. Call in complainant's first witness to give evidence. Witness can be cross-examined by complainant, chairman / panel and employee / representative. Other witnesses for complainant to be called in separately. Use the same procedures as above. Employee to state his case or his written statement should be read out for all to hear (by the interpreter if necessary). Complainant, chairman / panel and representative may cross-examine the employee. Employee's witness can then give evidence and may be cross-examined by employee, representative complainant and chairman/panel. Close enquiry, evaluate evidence and decide if employee is guilty or not. Recall witness if necessary should the evidence not be clear.

Reconvene meeting and advise employee of decision and reasons therefore. If guilty, check employee's disciplinary and service records. If necessary take a recess and contact the staff representative.

Ask employee / representative whether they have anything to say in mitigation and any suggestions on the penalty to be handed down. Postpone case to decide on penalty if need be. Advise parties of date and time for reconvening meeting. Reconvene meeting and advise employee of decision and reasons therefore. Announce the penalty: (i.e. written warning / final warning / dismissal etc.) Inform employee of his right to appeal. Explain the procedure in detail. Give the procedures for appeal in writing to the employee as well as the name of the person who must receive the notice of appeal. Employee to sign the disciplinary form. If the employee refuses, hand him a copy in front of a witness and ask the witness to sign for him. The Chairman to note in the minutes the date and time the hearing was closed.

NOTE ON DETERMINATION OF GUILT/INNOCENCE AND PENALTY:

Has determination been made on balance of probabilities? If guilty, has employee been given the opportunity to explain mitigating circumstances and to make representations on the penalty? Is the penalty appropriate to the misconduct, and most importantly, in accordance with the code and consistence with past practice?