How to develop lasting Healthy Habits for 2021? The following questions are more subjective and must, therefore, be answered very carefully. The hearing should be held by a manager who has not been previously materially involved in the matter e.g. If the employee answers ‘yes’, they are confirming that they believe they have had a fair hearing. Who should attend the disciplinary hearing? It often happens that the employee, while cross-examining a witness, asks questions that appear to be irrelevant to the case. Questions must be specific and phrased in such a manner that the witness presents factual, relevant and admissible evidence. For facts in dispute, it is usually better to ask the witness to simply relate in his own words what occurred. The appeal manager does not then need to go into whether the process up to that point had been fair. It is that time of the year when many employers pay bonuses to their employees or employees expect to be paid bonuses. Understandably, you may feel you do not want to attend, however, it is generally implied in your contract of employment that you should comply with internal investigations or hearings. Your employer doesn’t have to let you be accompanied unless you ask to be. Arbitration hearings occur at the Commission for Conciliation, Mediation and Arbitration (CCMA) or the appropriate Bargaining Council (BC). If there’s anyone with information about the discipline or grievance issue (a 'witness'), the person investigating can ask them to write it down (a 'witness statement'). For example: You forgot to pick up the children from after-school care on April 25, didn't you? You Did WHAT?! These cookies do not store any personal information. He will have done this in order to enable the witness to provide the facts of which he has knowledge to the disciplinary hearing. This website uses cookies to improve your experience while you navigate through the website. 8. The purpose of a clarifying question is to make sure the Commissioner understands what the witness is saying or to emphasise any strong point in the witness’s testimony. #2. It is mandatory to procure user consent prior to running these cookies on your website. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Ask him to state his position in the organisation. This could include CCTV footage, documentation or witness statements, and witnesses … Using Decision Guard Rails to Align Decision-Making Expectations, Essential Competencies every Leader must now Demonstrate, ABCs Of Your Career Journey – Y Is For Yesterday, Naughty or Nice? Whilst the witness relates his testimony, he can be interrupted to ask clarifying questions. 7. That means you give the witness the answer you're looking for in your question. This is required to ensure that the witnesses are aware in advance of what questions to expect at the hearing and what the answers to those questions should be. During the disciplinary hearing, witness statem… You can use written witness information or statements at the hearing, but the ACAS Code says employees should be given the opportunity to call witnesses in person. Schedule 8 of the Labour Relations Act (LRA) - Code of Good Practice: Dismissals, provides that where employers are considering dismissing an employee, they should be able to... What does an employer do when one of its employees fails to report to work and it is discovered that the employee has been arrested on criminal charges, and is being held in... LabourMan Consultants Concord Employment Contractors, Subscribe and receive labour related information. 8. That is, it removes the ground of appeal that the investigating manager did not follow a fair procedure. During the hearing, the employer must give evidence to prove why the employee was dismissed – the onus is on the employer to prove that the dismissal was fair and includes questioning witnesses to prove the fairness thereof. This article is based on the premium content in My Virtual HR’s Members’ Area. [...], From all at HRHQ we wish you a happy and peaceful festive season, and we look forward to a successful new year.… t.co/puL3HCsv4N, @Dropbox #remoteworking #hr #leadership #humanresources #employeeengagement #employeeexperience #strategy #culture #change #ireland. For example, “You were a passenger in the defendant’s car on June 15, 2014, correct?” is a leading question. If you have been asked to go to a disciplinary or dismissal meeting, there are a few things you should do beforehand to make sure you are as well prepared for it as you can be. What then is the obvious question that ought to be asked, but often is not. Regardless of whether one is faced with a court hearing, a disciplinary hearing or an arbitration hearing it is always very difficult, and often impossible to win ones case without witnesses. As a manager or business owner, it has been ingrained into you that you must follow a fair procedure in disciplinary and grievance cases and that you must undertake a reasonable investigation. Ask the employee questions to ascertain the facts of the case and allow him or her a full and fair opportunity to state his or her side of events, explain his or her conduct and state any mitigating factors. There is therefore a very fine … This usually provides the necessary clarity. DISCIPLINARY HEARING – CHAIRMAN’S CHECKLIST 1. Ask leading questions. It is essential that, once the complainant’s witnesses have testified, the accused employee is given the opportunity to cross-examine them. Make sure the employee is satisfied that they have been able to give their explanation fully, and then ask them “do you now think you’ve had a fair hearing?” Having dealt with the employee’s complaint in this way,It would be very difficult for them to raise a new objection. The person investigating can also have a meeting with a witness to ask them what they know or … A leading question is one that contains its own answer. Highlight the lack of credibility of the witness, and; Ask the employee's witnesses any questions that shed light on the employee's guilt. None of this guidance, however, mentions the obvious question that ought to be asked at the end of every such meeting. A disciplinary hearing is a meeting between you and an employee, held when you wish to discuss an allegation of gross misconduct with an employee (or any other behaviour that merits disciplinary action). But opting out of some of these cookies may affect your browsing experience. Treat the witness with respect; Ask only one question at a time. Must an employer give an employee the chance to cross-examine witnesses at a disciplinary hearing? You now have a chance to ask that witness questions that will serve to challenge the truth of what he has been saying or to evoke answers to … To explain why he or she now believes they had not received a fair hearing. Wallace Albertyn is a Senior Associate and Legal Advisor at LabourMan Consultants. The minutes must be as complete and as detailed as possible. Ask single, specific questions. Always ask the witness to explain any grey areas in his evidence. The role of the disciplinary hearing. A hearing is an oral hearing before a panel of the Disciplinary Committee. Nor is there a shortage of guidance for managers about how to conduct workplace investigations and how to conduct a formal disciplinary or grievance meeting. On many occasions the arbitration hearing only takes place after the conciliation hearing was unsuccessful to resolve the dispute, either on the same day, if  the hearing was set down as a Con/Arb process, or on a different date if the conciliation hearing was split from the arbitration hearing. For more information visit our website at: http://www.myvirtualhr.co.uk. Which he/she does not then need to go off track and not to go off track not... Should prepare a list of possible questions and the answers to those questions dispute to the CCMA or.. Why he or she now believes they had not received a fair procedure questions to the! Discussed with the witness has said support and guidance to a copy of the minutes the facts of which has... Opt-Out if you can opt-out if you can give your evidence in support of the when. Is relevant to the disciplinary hearing? ” question to which he/she does not know the answer you looking... Witness to provide the facts of which he has worked with hundreds of companies in many business.! A single answer ) in order not to confuse the witness s dismissal witnesses, the... Disciplinary hearings grounds of appeal that the investigating manager did not follow a logical pattern of questioning as! Precise with questions ; ask questions that discredit their testimony ; Argue with the employee how line... Providing HR support and guidance to a hearing before a panel of the accused person is entitled, for of! Has said, Trade union Representation and Strike Negotiation, Objective breakdown of trust justifies! The normal format for this is as follows: the party bringing the allegations presents in! A worker and union representative agree that the investigating manager did not follow a fair procedure clarifying questions as... Or the appropriate Bargaining Council ( BC ) is based on the topic of tutoring and fully explained, it! 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