Interesting. Can you clarify. Is there any difference between INVESTIGATION and INQUIRY/ ENQUIRY in your jurisdiction. If yes, when to do INVESTIGATION and when Enquiry
Typically, the word "investigation" is used when the company/employer is still looking into the incident/incidents before a hearing is scheduled. For example, an employee may be suspended (with pay) while the company conducts an investigation. And then when the investigation is concluded they then schedule the disciplinary hearing/inquiry/enquiry. Where enquiry/inquiry typically refers to the formal/informal process where the alleged offence is going to be discussed/looked into/enquired about to decide if the person is guilty of the alleged offence and if so, what the appropriate sanction should be. That all being said though - there isn't a specific rule that says a hearing must be called a hearing, or an inquiry/enquiry. If the word disciplinary investigation was used for a disciplinary hearing - this could be fair and appropriate as long as the employee is aware of what the words are referring to and that the procedure is conducted as per the fairness requirements. I often choose the wording "incapacity investigation" to refer to the formal process that I conduct when I need to determine whether someone is capable of performing the job to the required standard (examples are medical incapacity, poor work performance, work permit issues, alcoholism, etc.).
@@carmenfourie5346 much obliged for your response. Understood that Investigation per se, an exercise to establish the prima-facie. It may further ripen into Disciplinary hearing, depending on the outcome. Suppose disciplinary hearing is fixed, as explained it has to be fair. Does the fairness means & includes - Proper notice of charges. Chance to defend - by producing witness. Cross examination of employer's witness etc. Thanks in advance.
Yes, you can. I recommend you simply inform the chairperson that you'll be recording the hearing. In all the hearings I've chaired I have never had a problem with someone wanting to record the hearing. That being said - I haven't necessarily found that it offered additional value to the person recording since I've never had a case where the recording was presented or transcribed and used in the case. If you take the matter to the CCMA they will focus on the facts of the case more than on specific things said in the hearing. Hope that helps.
There isn't much you can do, because it isn't a legal requirement for a hearing to be chaired externally. The requirement is for substantive and procedural fairness and this you will only be able to know if it was met once the hearing is done. My recommendation is go through the hearing and if afterwards you believe it was unfair refer it for adjudication. We cannot assume "unfairness" prior to a hearing taking place.
@@carmenfourie5346 they also wont supply me with my code of conduct, displinary policies, wont allow my chosen company representative to assist me. And now they deciced not to pay my salary until the hearing is concluded... feeling hopeless
I got all this proof on email exchanges. The reason i asked for an extrenal chairman is because the previous meeting when the charges were laid against me, thats all BS, the chairman told me my life is a joke. And they all laughed at me
![[L136]PREPARING YOUR DEFENSE | DISCIPLINARY HEARING | SOUTH AFRICAN LABOUR LAWYER](/img/1.gif)
Thank you for sharing such precious experience.
It's my pleasure
This is helpful, thank you
Great presentation. Technical procedure ably explained in plain language and understandable terms.
Thanks for the feedback.
Very useful information, thank you!
Very helpful presentation
I am glad to hear that.
Thank you for this video
Interesting. Can you clarify. Is there any difference between INVESTIGATION and INQUIRY/ ENQUIRY in your jurisdiction.
If yes, when to do INVESTIGATION and when Enquiry
Typically, the word "investigation" is used when the company/employer is still looking into the incident/incidents before a hearing is scheduled.
For example, an employee may be suspended (with pay) while the company conducts an investigation. And then when the investigation is concluded they then schedule the disciplinary hearing/inquiry/enquiry.
Where enquiry/inquiry typically refers to the formal/informal process where the alleged offence is going to be discussed/looked into/enquired about to decide if the person is guilty of the alleged offence and if so, what the appropriate sanction should be.
That all being said though - there isn't a specific rule that says a hearing must be called a hearing, or an inquiry/enquiry. If the word disciplinary investigation was used for a disciplinary hearing - this could be fair and appropriate as long as the employee is aware of what the words are referring to and that the procedure is conducted as per the fairness requirements.
I often choose the wording "incapacity investigation" to refer to the formal process that I conduct when I need to determine whether someone is capable of performing the job to the required standard (examples are medical incapacity, poor work performance, work permit issues, alcoholism, etc.).
@@carmenfourie5346 much obliged for your response. Understood that Investigation per se, an exercise to establish the prima-facie. It may further ripen into Disciplinary hearing, depending on the outcome.
Suppose disciplinary hearing is fixed, as explained it has to be fair. Does the fairness means & includes -
Proper notice of charges.
Chance to defend - by producing witness.
Cross examination of employer's witness etc.
Thanks in advance.
Can you record a hearing or request it be audio recorded by the chair?!
Yes, you can. I recommend you simply inform the chairperson that you'll be recording the hearing. In all the hearings I've chaired I have never had a problem with someone wanting to record the hearing. That being said - I haven't necessarily found that it offered additional value to the person recording since I've never had a case where the recording was presented or transcribed and used in the case. If you take the matter to the CCMA they will focus on the facts of the case more than on specific things said in the hearing. Hope that helps.
What are the questions ?
I made a video with all the questions :
ruclips.net/video/PcFiHJM3r74/видео.htmlsi=ElgKpl5khhB1tGeQ
@@carmenfourie5346 thank you
If i requested a extrernal chairman for my hearing and was denied, what can i do?
There isn't much you can do, because it isn't a legal requirement for a hearing to be chaired externally. The requirement is for substantive and procedural fairness and this you will only be able to know if it was met once the hearing is done.
My recommendation is go through the hearing and if afterwards you believe it was unfair refer it for adjudication. We cannot assume "unfairness" prior to a hearing taking place.
@@carmenfourie5346 they also wont supply me with my code of conduct, displinary policies, wont allow my chosen company representative to assist me. And now they deciced not to pay my salary until the hearing is concluded... feeling hopeless
I got all this proof on email exchanges. The reason i asked for an extrenal chairman is because the previous meeting when the charges were laid against me, thats all BS, the chairman told me my life is a joke. And they all laughed at me
Today i have my hearing and i know im going to get dismissed, doesnt matter if i plead not guitly and have valid reasons for all the charges..
@@johanstrydom7303 How did it go? Were you dismissed?