In the workplace fear at times borderlines respect and vice versa. Only senior employees or those with a higher rank can create a relaxed environment where one can clearly distinguish between the two.
For example, they can instil fear in their subordinates such that their mere presence is enough to do the job. This could be attributed to something that had happened before i.e., an unpleasant encounter, etc. When such happens, fear moves into the building and takes a permanent seat, until it is removed by the relevant people. Respect on the other hand is linked with “doing unto others as you wish to be done unto you”, basically leaders leading by example. Both examples then inform the organisational culture. A disciplinary hearing is part and puzzle of every organisation, one would say it is inevitable. This is also closely linked to the organisational culture in terms of its process. At times one may find that, leading to and during disciplinary hearings, the accused employees are made to feel like they are guilty even before having their say. As well as that they do not have rights thus fear of the “known” since they would already have an inkling of their fate. For most employers, this is very normal, or it is a non-issue but unfortunately, this is wrong. Read on to understand why.
Definition
A disciplinary hearing is a formal setting that presents an opportunity for an employee to defend themselves against allegations of misconduct brought forth. This presents an opportunity for the employee to be heard. Furthermore, the purpose of a disciplinary hearing is to verify whether a misconduct has indeed been committed as well as what the appropriate sanction is i.e., written warning, demotion or dismissal. A disciplinary hearing is meant to ensure the procedural fairness element in accordance with the rules of natural justice. This therefore means failing to adhere to this may lead to a dismissal being deemed procedurally unfair. Let us now discuss the safe space element, read on!
The safe space
Victimisation is to be completely removed from the equation, before and during the disciplinary hearing. By before we mean, everything that happens leading up to the seating i.e., the invitation, its tone and the process. The latter is highlighted in the Codes of Good Practice: Model Disciplinary and Incapacity Policy and Procedures clause 4. It reads that the employee must be notified in writing of the allegations, date and time of the hearing within a reasonable time, this is meant to help them prep their defence. The tone of the invitation must be such that it does not suggest the employee is guilty, hence the word allegations.
Secondly in the invitation, the employee ought to be informed of their rights i.e., they are allowed to have a fellow colleague represent them during the hearing, have a witness(es) as well as question other witness(es) and bring evidence. To further add to the safe space element, the chairperson of the hearing must be neutral or unbiased, this is to say there must be no link between the chairperson and the disputing parties or the issue at hand. In the event that the employee is found guilty, they must be given a further opportunity to bring forth mitigating facts, this is before a final decision is reached. Upon conclusion, the employee must be notified of the appeal process should they desire to appeal the sanction.
Conclusion
When employers prepare for disciplinary hearings, it is imperative to take all that is mentioned above to heart. More importantly, it is key to understand that being called for a hearing does not imply that the employee is guilty or at fault, therefore they must not be victimised for that.
Contacts
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