Form M - Notice of a Disciplinary Hearing Form and Charge Sheet

Notice of a Disciplinary Hearing

Date:________

Time :________

To: ______________________________________________________

You are hereby notified of a Disciplinary Enquiry that will be held on:

Date:________

Time: ________

Venue:____________________________________________________

Chairman:_________________________________________________

ALLEGED OFFENCE/COMPLAINT

Please note that the following allegations, have been preferred against you:

Date:________

Time: __________

Place: ____________________________________

Details:_______________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

• You are further notified that you have been suspended with immediate effect on full pay pending the enquiry. You are not to enter the company premises until the date and time of your enquiry.
• You are entitled to be represented by a co-employee or trade union representative.
• Please notify the chairman at least 8 hours before the hearing as to who your representative is, so that the arrangements can be made for his/her attendance. Failure to notify the chairman will be construed as a waiver of your right. No request for postponement will be entertained by your failure to notify the chairman of your representative.
• Failure by yourself to attend the hearing, either in person, or through a representative, shall in no way invalidate the proceedings and the proceedings will commence in your absence. You are required to be present throughout the proceedings.
• You will have the right to put your case before the enquiry by presenting evidence yourself and by calling your own witnesses to testify at the enquiry.
• You and your representative will be given the opportunity to challenge the evidence brought against you at the enquiry. You will be allowed to cross-examine the witnesses of the company's and any documents brought in evidence.
• You are entitled to an interpreter.
• You have the right to present evidence in mitigation.
• The chairperson of the disciplinary enquiry shall within 5 working days of the date on which the enquiry is completed, inform you of his/her findings.
• Should you voluntarily resign form the employer's service before being found guilty, further disciplinary measures against you shall be suspended and any moneys due up until the date of your resignation shall be paid subject to any right of recovery which the company may have.
• You may within 30 working days of the date of the notice of the chairperson's findings pursue the matter in terms of the Labour Relations Act, no 66 of 1995 as amended.
• The enquiry will be minuted.
• You are advised that the disciplinary enquiry could result in your dismissal.
• Should you admit to the charges before or during the disciplinary enquiry, it shall be deemed that you are guilty of the charge.
• Should a verdict of guilty be arrived at by the person who chairs the enquiry, you will then be entitled to give evidence in mitigation of sentence, concerning your personal circumstances, length of service, previous disciplinary record and work performance. You will also be allowed to address the employer regarding an appropriate penalty.
• You are entitled to a reasonable opportunity to prepare your defence.

Yours faithfully

_______________
Employer

I hereby certify that I have received a copy of this notification, and that I understand the allegations against me, and I understand that the allegations are of a serious nature and that I may be dismissed if found guilty.

Received by:______________________________________

Signature:________________________________

Date:______________

Time :________

Name:_____________________

Witness signature:________________

Name:___________________

Charge sheet

You are charged in terms of the Employer's Disciplinary Code that are applicable in this regard,

in terms of clause______________________,______________________________________

that:__________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

(stipulate the relevant clause in here)

in that on___________________________(date),

at___________________________________(place)

you____________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

(alleged misconduct)

towards_____________________________________________________(aggrieved person).