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Question
Posted by: Rob Reynolds | 2010-12-20

Guilty without a hearing?

Can one be given a written or final warning without having had a hearing. May you have someone outside your company stand by you at the hearing?

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Our expert says:
Expert ImageLabour lawyer

re: Guilty without a hearing

There is nothing in the labour law stopping someone giving a warning without a disciplinary hearing. When you are at a disciplinary hearing you must bring an internal person to stand with you unless the disciplinary code gives you permission otherwise.

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2
Our users say:
Posted by: Jacques | 2010-12-21

Usually a diciplinary procedure will follow the following steps:

1) Verbal warning (3months effect)
2) First Written Warning (6months effect)
3) Second Written warning (12months effect)
4) Enquiry (final warning or dismissal if found guilty)

Be aware though that depending on the nature of the offence the superior can skip directly to either step 2,3 or 4. And in extreme cases dismissal is posible without an enquiry, theft for instance.

I recomend you read your company''s diciplinary procedure so you can see how they classify an offence. ANd also what rules and regulations is enforced by your company.

Reply to Jacques
Posted by: labour lawyer | 2010-12-21

re: Guilty without a hearing

There is nothing in the labour law stopping someone giving a warning without a disciplinary hearing. When you are at a disciplinary hearing you must bring an internal person to stand with you unless the disciplinary code gives you permission otherwise.

Reply to labour lawyer

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