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This article outlines the proper process to follow when convening or lodging an appeal hearing when someone is wishing to appeal against disciplinary action that has been taken.

How do I and when should I convene or lodge an appeal hearing?

There is no statutory obligation for a company to provide an appeal process to be followed at company level.  Schedule 8 of the Labour Relations Act, the Code of Good Practice: Dismissal is silent on the matter of appeals and many consider the alternative dispute resolution processes offered by the CCMA or bargaining councils to […]

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The purpose of this image is to convey a sense of the standard of proof required by the parties in a disciplinary enquiry.

How is guilt established in a disciplinary enquiry?

The chairperson of a disciplinary enquiry potentially has two tasks: Establish whether guilt has been proven; and, if so, Decide on the fairest sanction that ought to be imposed. So how does the chairperson of the disciplinary enquiry make the first decision, assuming, of course, that the accused employee in the disciplinary enquiry has pleaded […]

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