Warning: 1 out of 3 dismissals are deemed as 'unfair' by the CCMA!

Here's how to chair a legally compliant disciplinary enquiry in just five easy steps


Chairing a disciplinary hearing isn’t easy.
 
With all the disciplinary codes and procedures you have to remember...
 
The roles and rules you need to adhere to...
 
The different questions you need to ask...
 
The different types of evidence that can legally be presented...
 
There are dozens of things you need to keep in mind to give each employee a fair hearing.
 
But what if I told you that chairing a hearing that follows the right disciplinary process is as easy as five simple steps?
 

Don’t let the CCMA rule your disciplinary hearing decision “unfair”

Let’s say your CEO just found out that Susie from accountants is stealing money. He wants to hold a disciplinary hearing and he wants YOU to chair it because the person who usually chairs your company’s hearings is on honeymoon and you’re the only one he can rely on.
 
When it comes to chairing disciplinary hearings, you can’t afford to make any errors. 
 
If you make one mistake, the hearing will be ruled unfair.
 
And as I mentioned earlier, the CCMA deems one out of every three dismissals unfair!
 
We know you have more important things to do with your time than prove yourself to a guilty employee at the CCMA... That’s why we’ve teamed up with four leading labour experts to help you plan exactly what you have to do when chairing a hearing to ensure no-one can accuse it of being unfair or biased.
 
And we’ve put all the info you need in the Labour Law for Managers Subscription Service so you can chair a legally compliant hearing every step of the way.  


To hold a 100% legally compliant hearing, you have to fulfill all your chairman duties

Not fulfilling all your duties as a chairman can spell disaster. Not only could it be the reason your company lands up at the CCMA, but you might even have to reinstate the guilty employee! 
 
Let’s look at the case of Snell vs SSM Manufacturing that landed up at the CCMA:
 
The company dismissed Mr Snell for insubordinate conduct. 
 
ln this case the Arbitrator, Ms S Harvey, found that the employee’s behaviour had in fact been unacceptable. But despite this, she ruled the dismissal to be unfair.
 
In her award Ms Harvey quoted the Code of Good Practice: Dismissal as her basis for the finding. She stated “the company has
failed to satisfy the Commission that a proper procedure was adopted when dismissing Snell because the decision to dismiss Snell was taken in his absence and without affording him the chance to respond to the charges against him.”
 
She further stated the company was unreasonable in “...failing to inform Snell at any point along the way that his conduct was a problem and could lead to disciplinary action”.
 
The Arbitrator awarded the employee compensation equating to nine months’ remuneration
 
And this case should serve as a warning to you that if you fail to apply the law to disciplinary hearings, you’ll be taken to the CCMA and you’ll lose!


Ensure you make legally watertight decisions in every hearing you chair

The Chairman's Guide to Disciplinary Hearings testimonial
If you dismiss an employee who takes your company to the CCMA, you’ll have to provide proof you followed a fair disciplinary and dismissal procedure...
 
If you can’t, your company will lose the case at the CCMA! And your CEO will only have one person to blame – YOU!
 
That’s why it’s vital you know what records you need to keep to show procedural fairness and that you took the right steps to ensure the hearing was fair. 
 
If you have the Labour Law for Managers at your disposal:
  • You’ll have every guideline and a checklist you need to follow the correct process for a procedurally fair disciplinary hearing... 
  • You’ll know how to keep accurate records of the hearing in your employee’s file in case the employee refers you to the CCMA...
  • You’ll understand the five steps you need to follow to ensure your disciplinary and dismissals are fair so you can:       
          - Suspend an employee if need be;
          - Give the employee notices before the charge;
          - Time your hearing correctly;
          - And follow a legally compliant procedure.


But that’s not all, you’ll also discover:
  • Six key elements of an effective and legally compliant disciplinary hearing...
  • How to formulate charges...
  • How to prepare for the hearing...
  • Who you should have present at the disciplinary hearing...
  • Nine steps of a procedurally correct hearing... 
  • When a dismissal is automatically unfair...
  • What to consider when deciding whether to grant or refuse legal representation...
  • Four reasons why legal representation may not be a good idea...
  • And more...



Never worry about making mistakes when chairing a disciplinary hearing again 

Now normally the information you’ll discover in the Labour Law for Managers would cost you upwards of R1,500 if you consult directly with a labour law expert. 
 
But because you’re a Labour Bulletin reader, our four labour law experts are prepared to share this information for the special price of just R1 999.
 

What information will you find in the Labour Law for Managers – Practical Handbook?

Here are just SOME of the other topics and issues covered in the Handbook!

  • 10 Clauses you must include in your employment contracts;
     
  • How to reduce absenteeism and deal with deserters;
     
  • All your questions answered about leave;
     
  • How to deal with probation effectively and legally;
     
  • The A-Z of disciplinary hearings: Investigation, notification, preparation, suspension, evidence, legal representation and more;
     
  • How to implement a disciplinary process that increases performance and not litigation: Sample warnings, codes of conduct, levels of offence, types of discipline, sample policy and more;
     
  • What you can and can’t ask in an interview;
     
  • The legal dos and don’ts when advertising for a position;
     
  • Your six-step employment equity plan;
     
  • What to do when a grievance is reported;
     
  • How to deal with trade unions;
     
  • How to prevent and prepare for strikes, and deal with a strike misconduct; and
     
  • Bargaining council, CCMA, SETA and Department of Labour contact details.

All tips, recommendations and information in the Labour Law for Managers Practical Handbook are 100% legal, and checked by two independent consultants.
 
 
In each case you'll receive:
  • Practical advice explained in simple English;
     
  • Step-by-step instructions;
     
  • Checklists;
     
  • Proven sample contracts and letters;
     
  • Real life case studies; and
     
  • Each and every item referenced and justified.

 
Our Panel of Experts

Lizle Louw

Head of Employment Law at ENSAfrica
Lizle is an admitted attorney and conveyancerLizle specialises in employment law, occupational safety and mine health and safety. She acts for a diverse range of clients in the mining and retail industries. Lizle’s general practice includes litigation in the CCMA, Bargaining Councils, Labour Court and Labour Appeal Court, drafting of employment and safety related policies and training of line managers on all employment related matters. 

Lizle holds the following qualifications: BComm Law (University of Johannesburg) LLB (University of Johannesburg) Certificate in International Criminal Law (University of Antwerp)

 
Taryn Strugnell - Managing Editor

Senior Product Manager
Taryn networks with the top labour, HR and employment equity specialists in the industry every day. She gets all the inside information on what’s happening with labour law changes and makes sure you’re the first to know what’s happening in the world of labour laws. Her sole purpose is to consult with her clients, giving them tips, tools and case law studies to make sure you’re in the loop with labour law changes and every day employee problems you might encounter.
 
And because of all of this, and her access to the best of the best in the labour and HR realm, she really should be the first name that pops into mind when dealing with employee and labour problems. 
 

Kirstin van Bever Donker 

Independent Consultant
Kirstin’s career began in early 2005 when, after moving to South Africa from Australia, she joined Guy & Associates, a firm specialising in employment law and industrial relations. In 2007 Kirstin and her family moved to the United States of America. Having always been a strong believer in the power of having a diverse skill set and being a lover of mathematics and physics, Kirstin used her time in the USA to cultivate these skills completing graduate qualifications in both disciplines. She now consults independently on labour and HR matters in South Africa.

Wouter Van Heerden 

Independent Consultant
Wouter has a B.Com Honours Degree, Labour Relations. Previously he worked for a well-known Employers Organisation in North West where he gained valuable experience in all aspects of HR and Labour Law.
 
He currently works for a national company as HR Manager – and handles BBBEE, Skills development, all IR related matters, Performance Management, Payroll Control and supervision, Wellness, Employment Equity, SHEQ Issues, Recruitment, Operational Issues.
 
Ulrich Stander
 
Managing partner, co-founder and director of Maserumule Consulting
After working for some time in a senior legal position in the corporate environment, Ulrich commenced practice as an employment law and employment relations lawyer. He has participated in various sessions on the Harvard Law School Negotiation Programme.

Ulrich co- authored a book on employment law in practice and occasionally presents guest lectures on employment law and employee relations programmes at the Stellenbosch University Graduate School of Business.

Marleen Potgieter

Managing Director at Equity Works
Marleen assisted in the drafting of the Employment Equity Act and her specialties include employment structures in the workplace, mediation and dispute management.

As an HR Consultant, Marleen’s focus is to facilitate and enhance relationships between different groups. She specialises in conflict management, with specific focus on best practices to overcome the challenge of resistance from employee when it comes to EE implementation.

Johria van den Bergh
 
Admitted advocate 
Johria has been involved in labour litigation for more than 11 years at the Labour Court, the CCMA, the MEIBC and the GPSSBC. She has assisted companies and small businesses in re-evaluating their disciplinary codes, disciplinary procedures and training the staff in the proper application of the disciplinary process especially in light of the new decision in favour of the CCMA, a proper application of the disciplinary process has become a matter of cardinal importance.
 


And this is just the start

The Labour Law for Managers Practical Handbook comes with an essential updating service, the special report: Say "You're Fired!" and Make it Stick, access to the 24/7 expert labour and HR advice helpdesk and five bonus labour and HR resources to help you stay out of the CCMA.

You'll also immediately receive FIVE FREE BONUS GIFTS to help you take the hassle out of managing, hiring and firing employees!

  

Combined, these gifts have a total value of R1 200 - Yours absolutely free


To welcome you as the newest subscriber, you’ll get instant access to help solve all your labour and HR problems, with these five FREE gifts and services:

  1. You’ll find out how you can show an employee the door without landing up at the CCMA.
     
  2. You have access to a personalised Labour and HR Helpdesk service where a team of labour law experts are available 24/7 to answer your specific questions.
     
  3. Little-known ways to reduce absenteeism, so you can put a stop to employees abusing time off.
     
  4. How to get rid of that employee who isn't performing.
     
  5. Policy Toolkit: Policies to hire, fire and manage your employees.

 

Total Value R2 999

But you only pay R999 
(And it's backed with my 100% satisfaction guarantee) 

 

The Labour Law for Managers Practical Handbook is developed by labour and HR experts, who individually charge their clients over R1 000 an hour, but here you pay just R999 for their 24/7 advice.

 

The full subscription is valued at only R2 999…. which is a pittance, if you think what paying an employee 24 months' salary if you lose at the CCMA will cost you!


Today, you can secure the full subscription for as little as R999 excl VAT - a massive R2 000 saving.

 

Your entire package includes:

The 558 page Labour Law for Managers Handbook Valued at R1 799
Essential updating service* Pay as you go
Say "You're fired!" and make it stick Valued at R199
Free expert advice to solve your labour and HR problems Valued at R599
Little-known ways to reduce absenteeism Valued at R139
How to get rid of that employee who isn't performing Valued at R129
Policy Toolkit: Policies to hire, fire and manage your employees Valued at R129

 

LOWEST PRICE AND SATISFACTION GUARANTEE: When you subscribe to The Labour Law for Managers Service, you will be billed based on the option you select. The handbook comes with an essential updating service to keep you on top of legislation and new information.
 
*The cost of each update is R249 incl VAT. Remember your right to cancel your subscription within 30 days of initial payment should the service not meet your requirements.


Yours sincerely



Taryn Strugnell
Managing Editor: Labour Law for Managers Practical Handbook

P.S. Here's my personal guarantee to you

EVERYTHING is 100% Satisfaction Guaranteed

If at any time during the next 30 days, for any reason whatsoever, you decide the Labour Law for Man30 day money back guaranteeagers Practical Handbook isn’t for you, simply call or email us and return the Labour Law for Managers Practical Handbook in its original condition.

You will be refunded every cent of the subscription price.

It doesn’t get any simpler than that.
No pressure – no gimmicks – no strings attached.

 
 


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