• Most medium to large organisations have formal procedures for conducting a disciplinary hearing.
• Disciplinary hearings can be conducted internally or externally. Hearings conducted externally are usually done by an independent committee or through the aid of an independent professional third party.
• The following people are generally present at a disciplinary hearing:
  • a chairperson – an impartial person who is not involved in the matter between the employer and the employee. Usually organisations that conduct internal hearings employ expert dispute resolution professionals to facilitate such meetings;
  • the employer and their representatives;
  • the employee and a support person;
  • a person who takes down minutes of a meeting.

• The chairperson acts as a facilitator of a meeting. They should:
  • introduce all parties present at the meeting;
  • ensure that principles of natural justice are followed throughout the meeting;
  • if appropriate ensure that the meeting is being properly documented and recorded; and
  • ask the employee whether they deny or accept the allegations put forth.
  • A chairperson of an external disciplinary action committee also has the power to impose penalties if an employee is found guilty.

• Most disciplinary hearings follow a set procedure such as that outlined below.
  • The aggrieved (complaining) party has the right to present their case first at the hearing. They may waive this right.
  • The offending party (being complained about) is then provided an opportunity to answer the case put against them. This includes the chance to offer any facts, reasons or mitigating (reducing/excusing) factors that might lessen the penalty.
• A disciplinary hearing is conducted in a similar manner to a court hearing in which you are entitled to call on witnesses and question and cross-examine them:
  • both parties are entitled to have representation at a formal hearing; and
  • you should speak to a lawyer about how to draft a good and convincing opening statement and how to formulate your arguments.
• When questioning witnesses or other parties always remember to be courteous and respectful:
  • you should never belittle (be rude to) anyone present at the hearing and always listen carefully to what is being said;
  • often you may be able to formulate good arguments on the basis of what has been said by the other party during the hearing;
  • you should go to the hearing with an action plan in your mind; but
  • remember to allow for flexibility.
• Closing statements are of equal importance as opening statements.
  • Remember to address the issue at hand and restate your position:
    • if you are denying the allegations you must remember that the aggrieved side needs to make a convincing case against you;
    • support your position with established facts;
    • address any weakness in the aggrieved side’s case;
    • appeal to mitigating factors; and
    • be honest.
• Usually a decision is made at the conclusion of a hearing.
  • If the chairperson does not come to a conclusion or decides that the matter requires further investigation they may adjourn the meeting to a later date.
  • If the chairperson comes to a conclusion against the aggrieving party they may order that a particular disciplinary action be taken.
• After conclusion of the hearing a copy of the minutes should be given to both parties.

A written notice outlining the decision is also provided to the employee.