Representation by an external person is not a right but should not simply be denied without affording the accused employee the opportunity to state the reason for said representation. This includes: Assisting in gathering information and preparing for meetings and discussions. Explain to the accused employee that he or she must be present during the disciplinary inquiry. 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. Employers who confuse the role of a union representative with that of a support person risk significant legal consequences. This Order may be cited as the Industrial Relations Act 1990 Code of Practice on Grievance and Disciplinary Procedures (Declaration) Order 2000. 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. Employee Representative and Shop Stewards will be elected/designated in accordance with the appropriate trade union rules and procedures. If you are being supported by a union representative provided by WRS, they will meet you beforehand to help put you at ease and prepare you for the meeting. This is best illustrated by the case of Vong v Sika. This may strike you as quite straightforward, but actually employers can face many . Your employer will need to follow a fair dismissal and disciplinary process if they want to avoid the risk of a claim of unfair dismissal. 1. 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 . They can choose to be accompanied by a co-worker or a union representative. They must also be permitted to confer with the worker during the hearing. The role of the disciplinary hearing. They can choose to be accompanied by a co-worker or a union representative. 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. During the disciplinary hearing, you need to: Explain the complaint you have about the employee's behaviour. 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.. You must allow a support person where reasonable. Trade Union reps can also attend Tribunals and Labour Court cases. 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. 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 in turn means that HR professionals will need to ensure that their presiding officers are highly skilled in chairing disciplinary hearings. After the disciplinary meeting . Next Level benefits at the State of Indiana are here! The Skelly Reviewer may limit the introduction of evidence to what is material to affect the outcome of the case. 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. ANSWER. the date, time and place of the hearing; about your right to be accompanied; Employers can use the Acas templates for disciplinary appeal letters. The employee should be advised of: • the reason for the hearing. Sometimes a note of the discussion will be kept on your personnel file. Ensure you arrive at the disciplinary meeting location in good time before it commences. 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 employee's rights to representation at the hearing by either a fellow employee or shop steward. The employer's HR manager asked the union official to sign a . If an employer wants to discipline an employee for misconduct, they must have a good reason for taking the action. 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. 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 . Go through the evidence you have collected about that behaviour. Thus depending on the nature of the code of conduct . In the case of By law, an employee or worker can bring a relevant person ('companion') with them to both disciplinary and grievance appeal hearings. During the meeting, they will often sit next to the . This is so as to . The hearing allows the employee to put forward their side of the story and/or provide an explanation. 3. The Union rep can . Where a support person is "overtly interventionist", employers should consider suspending the meeting. The employer's HR manager asked the union official to sign a . 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. We always recommend that employers in the letter inviting the employee to the final disciplinary . The role of the employee representative is to provide assistance and support throughout the grievance process. Presenting the position of the party he/she represents in the dispute, if requested. When the employee Vong was called into a disciplinary meeting, he brought a union official with him. Minor issues will usually be resolved informally between you and your manager. In the cases of SMEs, where in most cases there is no union . After the disciplinary meeting . 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 ensures a harmonious and productive relationship in the workplace, where all parties know where they stand. At internal disciplinary hearings the accused employee and the employer (or employer representative, otherwise referred to as the complainant or initiator) have the right to call witnesses, in the same way as in hearings at the CCMA or Bargaining Councils. A support person in a disciplinary meeting can provide moral support to the employee. If you are a union member, you have a right to have union representation at any interview or meeting that could lead to disciplinary action against you. This is best illustrated by the case of Vong v Sika. 2. 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. Disciplinary hearings. The key to any fair misconduct dismissal is a professional and properly run the disciplinary hearing. There should be agreement about the means of achieving an improvement in the individual . The disciplinary hearing. The employee should as well be informed on their rights afforded to them by the law which should include the right of the employee to be accompanied by an interpreter or representative (which may . The chair must be able to justify their decision and in many cases let the employee know that they have the right to appeal any decision that has been made. The next common mistake made by many employees in internal hearings is an unwillingness to acknowledge their mistakes or wrongdoing. Workers have the statutory right to be accompanied at disciplinary meetings which might result in a formal warning, other disciplinary sanction or confirmation of a warning. The Employee Representative will be the first point of contact for most staff on most issues. • the right to representation. At Solidarity we specifically require the employer's written consent. 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. Usually, processes for disciplinary action, including warnings or dismissal will be written in the employment agreement or workplace policies. These processes should be followed. This right is set out in section 10 of the Employment Relations Act 1999. A worker also has the right not to be subjected to any detriment because they have exercised, or sought to exercise, this right. An employee's request for legal representation can no longer be dismissed out of hand. 1 The employee's representative may state a position and participate . A disciplinary hearing provides the opportunity for the employee and manager to engage in a full and frank two-way discussion about the matter under review. The Interpreter An employee facing a disciplinary hearing has the right to an interpreter who will translate all proceedings in the language as requested by the employee. The role of the Disciplinary Committee is to: collect the facts of all complaints arising under the Code of Ethics; determine if a complaint has merit; facilitate an amicable resolution to a complaint where possible; conduct all disciplinary hearings; make a decision on a complaint after the completion of the disciplinary proceedings; and. 1. Such representation can only occur with the express written consent of the employer. a) representing members fairly and effectively in relation to matters arising within the undertaking or establishment in which they work and which concern employment and conditions of employment. In any event, employers should, generally and as a matter of good practice, ensure that staff who conduct disciplinary hearings are kept up . In relation to suspension without pay, a maximum of 30 days is provided [4]. Employee representatives should be afforded necessary time off for carrying out their representative functions in the undertaking or establishment in which they work. The right to be accompanied. 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: 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 . Employers who confuse the role of a union representative with that of a support person risk significant legal consequences. This disciplinary meeting (normally called a 'hearing . By lvan lsraelstam, Chief Executive of Labour Law Management Consulting. 13. One of these rights allows employees to ask a work colleague or trade union representative to accompany them at an internal . In larger organisations, often, the union representative will be a workplace representative who is also a co-worker. "That the employee concerned is given the opportunity to avail of the right to be represented during the procedure" Workers do not have the right to be accompanied at investigation meetings. One of these rights allows employees to ask a work colleague or trade union representative to accompany them at an internal . HR can also make the disciplining officer aware of previous cases involving other individuals in similar circumstances, to ensure consistency. Employees have the right to be accompanied at a disciplinary or grievance hearing. . What role does a Trade Union Representative have at a disciplinary investigation? Employees and workers have a legal right to be accompanied by a trade union representative or colleague at a disciplinary or grievance hearing. a clear line of authorities emanating from the superior courts establish that an employee facing disciplinary action is entitled to the benefit of fair procedures and that what these demand will depend on the employee's terms of employment and the circumstances surrounding the disciplinary action (see barrington j in mooney v an post [1998] 4 ir … 1) To assist and represent employees at grievance and disciplinary proceedings, at their request. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. The ACAS Code of Practice sets out standards for employers to meet when managing disciplinary issues. 2) To monitor the manner the employer complies with the LRA and any other laws relating to . Employees have certain rights during a disciplinary hearing. YEU will keep 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 . 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. While such requests must not always be granted, they must be given very careful consideration. 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. Best practice indicates that employees should be provided with a minimum of 24 hours notice. The Employee Representative will be the first point of contact for most staff on most issues. This is called 'the right to be . "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. Employers must follow the principles of a fair process. The Supreme Court case of National Labor Relations Board v. Weingarten, decided in 1975, established this basic . 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. They might be a friend, mentor, or union representative. Author: Mynie Kriek. Decide on next steps - and what disciplinary action you're going to take next. A disciplinary meeting is a confronting experience for any employee and the presence of a support person may help the employee feel more relaxed. ANSWER Employees have the right to be accompanied at a disciplinary or grievance hearing. The ACAS Code of Practice sets out standards for employers to meet when managing disciplinary issues. Employees have certain rights during a disciplinary hearing. Disciplinary and dismissal. There should be an impartial Hearing Manager to consider your case. 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. In the absence of formal standing arrangements, employee representatives should obtain prior permission from an appropriate representative of management. An example of this is the potential involvement of trade unions in a disciplinary hearing. The principal duties and responsibilities of employee representatives include -. 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. Employee representatives should be afforded necessary time off for carrying out their representative functions in the undertaking or establishment in which they work. 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