This disciplinary meeting (normally called a 'hearing . The disciplinary hearing. 3. the date, time and place of the hearing; about your right to be accompanied; Employers can use the Acas templates for disciplinary appeal letters. During a disciplinary hearing, the chairperson will: make it clear from the start that abuse and insults will not be tolerated and if it does occur, that person may be ordered to leave the room; listen to all the evidence presented during the hearing and adjourn after the hearing to study the evidence; make a finding of guilty or not guilty . Employee representatives should be afforded necessary time off for carrying out their representative functions in the undertaking or establishment in which they work. In this article, we have put together a guide to assist a chairperson of the Disciplinary Enquiry, to steer employers through the issues they need to . In any event, employers should, generally and as a matter of good practice, ensure that staff who conduct disciplinary hearings are kept up . Such representation can only occur with the express written consent of the employer. Employees and workers have a legal right to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing. The right to be accompanied. Employers who confuse the role of a union representative with that of a support person risk significant legal consequences. Decide on next steps - and what disciplinary action you're going to take next. During the meeting, they will often sit next to the . The employee applied for an interim injunction asserting his right to bring a lawyer to his disciplinary hearing and tried to rely on an implied term of trust and confidence in the employment relationship, arguing that the employer had unreasonably refused to allow him legal representation given the grave nature of the allegations against him . The Labour Relations Act, Act 66 of 1995 ("LRA") does not deal expressly with the question of whether . Trade Union reps can also attend Tribunals and Labour Court cases. An employee facing a disciplinary hearing has the right to be represented or assisted at the hearing either by a fellow employee or by a shop steward. Employers must follow the principles of a fair process. . The employee should be given sufficient notice of the hearing to enable him/her to arrange for representation and prepare a response. The National Employment Code of Conduct, Statutory Instrument 15 of 2006 provides that after suspending an employee without pay, the employer must conduct and conclude a disciplinary hearing within 14 working days. "That the employee concerned is given the opportunity to avail of the right to be represented during the procedure" It is hereby declared that the Code of Practice set out in the Schedule to this Order shall be a Code of Practice for the purposes of the Industrial Relations Act 1990 (No. Explain to the accused employee that he or she must be present during the disciplinary inquiry. An "investigatory interview" is one in which possible disciplinary action may be taken and more information is needed. Employees have the right to be accompanied at a disciplinary or grievance hearing. Employee Representative and Shop Stewards will be elected/designated in accordance with the appropriate trade union rules and procedures. Every time you are asked by a member to attend a disciplinary meeting, contact Intake to open a file. Best practice indicates that employees should be provided with a minimum of 24 hours notice. During a Tribunal the employee is allowed to converse with their Union rep in order receive advice on any issue they may be unsure of. HR can also make the disciplining officer aware of previous cases involving other individuals in similar circumstances, to ensure consistency. In the absence of formal standing arrangements, employee representatives should obtain prior permission from an appropriate representative of management. Spread the word, and ensure that your co-workers know they can call on you if the need arises. "That will change next . The Employee Representative will be the first point of contact for most staff on most issues. o The role of the representative is to ensure that the employee receives the fair procedure he/she is entitled to. They must also be permitted to confer with the worker during the hearing. Employee representatives should be afforded necessary time off for carrying out their representative functions in the undertaking or establishment in which they work. In relation to suspension without pay, a maximum of 30 days is provided [4]. Ensure you arrive at the disciplinary meeting location in good time before it commences. The respondent referred the applicant to the notice of disciplinary hearing, in which it was clearly stated that she was entitled to the assistance of a representative or fellow employee or shop steward from her place of work. Your employer should not take any disciplinary action before meeting with you first and discussing the problem. This in turn means that HR professionals will need to ensure that their presiding officers are highly skilled in chairing disciplinary hearings. We always recommend that employers in the letter inviting the employee to the final disciplinary . Minor issues will usually be resolved informally between you and your manager. It is therefore essential that anyone tasked with chairing a disciplinary hearing ensures that the hearing is conducted in an equitable manner.. HR should generally be used in disciplinary investigations to advise decision makers on processes and points of law as well as perhaps how similar historical cases have been treated, to ensure consistency. A support person in a disciplinary meeting can provide moral support to the employee. Salary: The salary for this position starts at $ 29,250.00 per year. This ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. One of these rights is that the employee may bring someone along to the disciplinary or grievance meeting to accompany them. As soon as the employee receives a notice of the By law, an employee or worker can bring a relevant person ('companion') with them to both disciplinary and grievance appeal hearings. YEU will keep Any letter inviting an employee to a disciplinary meeting (either an interview (fact-finding) or disciplinary hearing (to answer a charge) should cover the basic points & obligations of a companion - something like: There should be agreement about the means of achieving an improvement in the individual . It can be a good choice to have HR chair a disciplinary meeting but it is important that other staff members are there in order to promote transparency. 1 The employee's representative may state a position and participate . Give them a chance to tell their side of the story. When the employee Vong was called into a disciplinary meeting, he brought a union official with him. 1) To assist and represent employees at grievance and disciplinary proceedings, at their request. Presenting the position of the party he/she represents in the dispute, if requested. Moreover, we require to be given notice of at least two weeks of the date of the disciplinary hearing so we can ensure that a litigant is available. The employer may call witnesses to give oral evidence as part of his allegation . After weighing the rights of employers to investigate employee conduct and to maintain control of the workplace, the representation rights of employees, and the policy reasons for having pre-grievance union representation, this Board holds that the role of a union representative during interviews comprises the following: 1. This includes: Assisting in gathering information and preparing for meetings and discussions. What role does a Trade Union Representative have at a disciplinary investigation? 1. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. This is so as to . One of these rights allows employees to ask a work colleague or trade union representative to accompany them at an internal . When considering whether an employee was unfairly dismissed, the Fair Work Commission will look at whether the employer . "Congress hasn't held a public hearing on unidentified aerial phenomena (UFO's) in over 50 years," meeting Chair and Indiana Representative Andre Carson wrote on Twitter. The Supreme Court case of National Labor Relations Board v. Weingarten, decided in 1975, established this basic . The Skelly Reviewer may limit the introduction of evidence to what is material to affect the outcome of the case. Often the identity of the companion and the companion's role in the process are causes of confusion for employers in dealing with these matters. "For the purposes of this Code of Practice, "employee representative" includes a colleague of the employee's choice and a registered trade union but not any other person or body unconnected with the enterprise." 2. Employees have certain rights during disciplinary and grievance processes. In the cases of SMEs, where in most cases there is no union . Under the Employment Relations Act 1999 a worker has the right to be accompanied by a fellow worker or trade union representative at an internal disciplinary or grievance procedure hearing, provided the request is reasonable in the circumstances. This is best illustrated by the case of Vong v Sika. 19 of 1990). These processes should be followed. HR should generally be used in disciplinary investigations to advise decision makers on processes and points of law as well as perhaps how similar historical cases have been treated, to ensure consistency. If HR is to have a role in deciding on guilt or innocence, or what sanction is to be imposed, it needs to be transparent with the employee . This Order may be cited as the Industrial Relations Act 1990 Code of Practice on Grievance and Disciplinary Procedures (Declaration) Order 2000. In terms of Section 14 of the LRA trade union representatives (shop stewards) have the right to carry out the following functions in the workplace. The employer should also take into account any express contractual entitlement to legal representation at disciplinary hearings and, following Stevens, the potential for a breach of the implied term of trust and confidence between employer and employee.. The principal duties and responsibilities of employee representatives include -. The employee's rights to representation at the hearing by either a fellow employee or shop steward. Workers do not have the right to be accompanied at investigation meetings. Thus depending on the nature of the code of conduct . Where a support person is "overtly interventionist", employers should consider suspending the meeting. The role of the employee representative is to provide assistance and support throughout the grievance process. While such requests must not always be granted, they must be given very careful consideration. This right to representation is normally stated in the notice of disciplinary hearing advising the employee that he/she is entitled to the assistance of a representative which must be a fellow employee or shop steward from the workplace. An "investigatory interview" is one in which possible disciplinary action may be taken and more information is needed. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Under s.10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. Explain to the accused employee that he or she has the following rights in terms of schedule 8 of the Labour Relations Act; The code of good practice on dismissals: The right to be assisted by a fellow employee or a trade union representative. 13. The Employee Representative will be the first point of contact for most staff on most issues. The principal duties and responsibilities of employee representatives and shop stewards include - a) Conversely, an employee does not have a right to union representation in a meeting called by an employer solely for the purpose of informing the employee of discipline where the decision to discipline has already been made. By lvan lsraelstam, Chief Executive of Labour Law Management Consulting. Sometimes a note of the discussion will be kept on your personnel file. Next Level benefits at the State of Indiana are here! If HR is to have a role in deciding on guilt or innocence, or what sanction is to be imposed, it needs to be transparent with the employee . The role of the disciplinary hearing. Charges & Role of Employee's Representative employee's representative) to present all relevant non-cumulative information, including witnesses and documents. Under the guidelines, a disciplinary hearing should be held as part of an employer's fair and lawful procedure when handling and investigating a workplace disciplinary issue. The employer's HR manager asked the union official to sign a . • Make contact with YEU Intake. The next common mistake made by many employees in internal hearings is an unwillingness to acknowledge their mistakes or wrongdoing. representation before conducting a disciplinary hearing, but you shouldn't count on that. 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